Amendment AA1-AB91

AB91-AA1, s. 1j Section 1j. 104.07 (2) of the statutes is amended to read:

AB91-AA1,9,20 104.07 (2) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of workers with disabilities who are unable to earn the living-wage at a living wage so that those workers may work for a wage that is commensurate with their ability abilities and productivity. A license granted to a sheltered workshop under this section may be issued for the entire workshop or a department of the workshop.

AB91-AA1, s. 1k Section 1k. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended to read:

AB91-AA1,9,24 104.08 (2m) All persons Any person working in an occupation a trade industry for which a living-wage living wage has been established for minors, and who shall have has no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of s. 106.01.

AB91-AA1, s. 1m Section 1m. 104.08 (1m) (b) of the statutes is created to read:

AB91-AA1,10,6 104.08 (1m) (b) "Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

AB91-AA1, s. 1n Section 1n. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and amended to read:

AB91-AA1,10,10 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss. 104.01 to 104.12 shall be a trade or In this section:

AB91-AA1,10,15 (a) "Trade" means an industry occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary. The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".

AB91-AA1, s. 1pc Section 1pc. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and amended to read:

AB91-AA1,10,19 104.08 (3) (b) The department may make exceptions to the operation of subs. (1) and (2) (1m) and (2m) where conditions make their application unreasonable.

AB91-AA1, s. 1pm Section 1pm. 104.08 (3) (a) of the statutes is created to read:

AB91-AA1,10,22 104.08 (3) (a) The department shall investigate, determine, and declare what occupations and industries are included within a trade or a trade industry.

AB91-AA1, s. 1q Section 1q. 104.10 of the statutes is amended to read:

AB91-AA1,11,5 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates , or threatens to discriminate, against any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 this chapter may be fined $500 for each offense.

AB91-AA1, s. 1rn Section 1rn. 104.11 of the statutes is amended to read:

AB91-AA1,11,10 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

AB91-AA1, s. 1rp Section 1rp. 104.12 of the statutes is amended to read:

AB91-AA1,11,18 104.12 Complaints. Any person may register with the department a complaint that the wages paid to employees for whom a living-wage living wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage a living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB91-AA1, s. 1s Section 1s. 234.94 (5) of the statutes is amended to read:

AB91-AA1,11,23 234.94 (5) "Primary employment" means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time.

AB91-AA1, s. 1t Section 1t. 234.94 (8) of the statutes is amended to read:

AB91-AA1,12,6 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

AB91-AA1, s. 1u Section 1u. 800.09 (1) (b) of the statutes is amended to read:

AB91-AA1,12,21 800.09 (1) (b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments, and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.".

AB91-AA1,12,22 3. Page 2, line 1: delete " Section 1w" and substitute "Section 1".

AB91-AA1,12,23 4. Page 2, line 9: after that line insert:

AB91-AA1,12,24 " Section 1x. 800.095 (4) (b) 3. of the statutes is amended to read:

AB91-AA1,13,13 800.095 (4) (b) 3. That the defendant perform community service work for a public agency or a nonprofit charitable organization designated by the court, except that the court may not order the defendant to perform community service work unless the defendant agrees to perform community service work and, if the community service work is in lieu of restitution, unless the person to whom the restitution is owed agrees. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture, or restitution, or both, by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB91-AA1, s. 1xx Section 1xx. 895.035 (2m) (c) of the statutes is amended to read:

AB91-AA1,14,6 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.".

AB91-AA1,14,8 5. Page 2, line 11: substitute "The treatment of section 800.095 (4) (b) 1. of the statutes" for "This act".

AB91-AA1,14,9 6. Page 2, line 12: after that line insert:

AB91-AA1,14,11 " Section 3m. Effective dates. This act takes effect on the day after publication, except as follows:

AB91-AA1,14,18 (1) Minimum wage. The treatment of sections 49.141 (1) (g), 104.01 (intro.), (1), (1d), (5), (5g), (5m), (7m), and (8), 104.02, 104.03, 104.035, 104.04, 104.05, 104.06, 104.07 (1) and (2), 104.08 (1), (1m) (b), and (2), 104.10, 104.11, 104.12, 234.94 (5) and (8), 800.09 (1) (b), 800.095 (4) (b) 3., and 895.035 (2m) (c) of the statutes, the renumbering and amendment of sections 104.045 and 104.08 (3) of the statutes, and the creation of sections 104.045 (2) and (3) and 104.08 (3) (a) of the statutes take effect on the first day of the 3rd month beginning after publication.".

AB91-AA1,14,19 (End)