Amendment SA1-AB49

LRBa0563/1

GMM:cjs:pg

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO 2005 ASSEMBLY BILL 49

May 10, 2005 - Offered by Senators Carpenter and Coggs.

AB49-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB49-SA1,1,6 1. Page 1, line 5: after "ordinances" insert ", indexing the living wage to the change in the consumer price index, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and granting rule-making authority".

AB49-SA1,1,7 2. Page 3, line 3: after that line insert:

AB49-SA1,1,8 " Section 2g. 104.01 (1) of the statutes is renumbered 104.01 (1m).

AB49-SA1, s. 2m Section 2m. 104.01 (1g) of the statutes is created to read:

AB49-SA1,1,12 104.01 (1g) "Consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.".

AB49-SA1,1,13 3. Page 3, line 17: delete lines 17 to 25.

AB49-SA1,2,1 4. Page 4, line 1: delete lines 1 to 5 and substitute:

AB49-SA1,2,3 " Section 6d. 104.04 of the statutes is renumbered 104.04 (1) and amended to read:

AB49-SA1,2,16 104.04 (1) The Subject to sub. (2), the department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the department may consider the effect that an increase in the living-wage living wage might have on the economy of the state, including the effect of a living-wage living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

AB49-SA1, s. 6g Section 6g. 104.04 (2) of the statutes is created to read:

AB49-SA1,3,7 104.04 (2) (a) Subject to par. (b), by May 1 of each year, the department, using the procedures under s. 227.24, shall promulgate rules to revise the living wage determined under sub. (1). The department shall determine the revised living wage by calculating the percentage difference between the consumer price index for the 12-month period ending on January 31 of the preceding year and the consumer price index for the 12-month period ending on January 31 of the current year, adjusting the living wage in effect on April 30 of the current year by that percentage difference, and rounding that result to the nearest multiple of 5 cents. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may promulgate an emergency rule under s. 227.24 revising the living wage determined under sub. (1) without providing evidence that the emergency rule is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. A revised living wage determined under this paragraph shall first apply to wages earned on May 1 of the year in which the living wage is revised.

AB49-SA1,3,9 (b) Paragraph (a) does not preclude the department from promulgating rules to increase the living wage as provided in s. 104.06.".

AB49-SA1,3,10 (End)