Amendment ASA1-SB80

SB80-ASA1,9,8 2. The social security number or federal employer identification number of the applicant as provided in sub. (6) (a).

SB80-ASA1,9,12 3. Any other information that the department considers necessary for the protection of the health, safety, and welfare of the traveling sales crew members working on behalf of the applicant, the consumers of goods or services sold by those members, and the public.

SB80-ASA1,9,20 (c) Issuance of registration. Subject to sub. (6) (b) and (c), after completing any investigation that the department considers appropriate, the department shall issue a certificate of registration to the applicant if the department determines that the applicant meets the standards under this section and rules promulgated under sub. (8) for issuance of a certificate of registration. Notwithstanding ss. 111.321, 111.322, and 111.335, the department may deny, suspend, revoke, or refuse to renew a certificate of registration if the department determines that the applicant or registrant has been convicted of any crime.

SB80-ASA1,9,22 (d) Registration; transfer, expiration, extension, and renewal. 1. A certificate of registration is not transferable or assignable.

SB80-ASA1,9,24 2. Unless earlier suspended or revoked, a certificate of registration expires 12 months after its date of issuance. The department, in its discretion, may temporarily extend a certificate of registration if the registrant files an application for temporary extension not less than 30 days before the expiration of the certificate of registration.

SB80-ASA1,10,7 3. A registrant may renew a certificate of registration by filing with the department an application under par. (b) and paying the renewal fee determined by the department by rule promulgated under sub. (8). The department shall renew the certificate of registration if the registrant meets the standards specified in par. (c) for renewal of a certificate of registration.

SB80-ASA1,10,11 (e) Notice of changes; amendment of registration. 1. If during the period for which a certificate of registration is in effect any change occurs in any of the information provided to the department under par. (b), the registrant shall notify the department of that change within 30 days after the change occurs.

SB80-ASA1,10,15 2. If during the period for which a certificate of registration is in effect the registrant intends to engage in any form of traveling sales crew activity that is not identified in the certificate of registration, the registrant shall apply to the department to amend the certificate of registration.

SB80-ASA1,10,23 (3) Traveling sales crew member permit. (a) Permit required. No person may be permitted to work as a traveling sales crew member unless the traveling sales crew operator on whose behalf the person will be working first obtains from the department a permit for the person. To obtain a permit, the traveling sales crew operator shall file with the department on behalf of the applicant a written application under par. (b) and pay a permit fee determined by the department by rule promulgated under sub. (8) and the applicant shall meet the standards specified in par. (c) for issuance of a permit.

SB80-ASA1,11,2 (b) Application for permit. To obtain a permit for an applicant, a traveling sales crew operator shall file with the department on behalf of the applicant a written application prescribed by the department by rule promulgated under sub. (8) that contains all of the following information:

SB80-ASA1,11,3 1. The social security number of the applicant as provided in sub. (6) (a).

SB80-ASA1,11,7 2. Any other information that the department considers necessary for the protection of the health, safety, and welfare of the traveling sales crew members working on behalf of the traveling sales crew operator, the consumers of goods or services sold by those members, and the public.

SB80-ASA1,11,14 (c) Issuance of permit. Subject to sub. (6) (b) and (c), after completing any investigation that the department considers appropriate, the department shall issue a permit to the applicant if the department determines that the applicant meets the standards under this section and rules promulgated under sub. (8) for issuance of a permit. Notwithstanding ss. 111.321, 111.322, and 111.335, the department may deny, suspend, revoke, or refuse to renew a permit if the department determines that the applicant or permit holder has been convicted of any crime.

SB80-ASA1,11,16 (d) Permit; transfer, expiration, extension, and renewal. 1. A permit is not transferable or assignable.

SB80-ASA1,11,21 2. Unless earlier suspended or revoked, a permit expires 12 months after its date of issuance. The department, in its discretion, may temporarily extend a permit if the traveling sales crew operator on whose behalf the permit holder is working files an application for temporary extension not less than 30 days before the expiration of the permit.

SB80-ASA1,12,2 3. A traveling sales crew operator may renew the permit of a permit holder who is working on behalf of the traveling sales crew operator by filing with the department an application under par. (b) and paying the renewal fee determined by the department by rule promulgated under sub. (8). The department shall renew the permit if the permit holder meets the standards specified in par. (c) for renewal of a permit.

SB80-ASA1,12,7 (e) Notice of changes; amendment of permit. 1. If during the period for which a permit is in effect any change occurs in any of the information provided to the department under par. (b), the traveling sales crew operator on whose behalf the permit holder is working shall notify the department of that change within 30 days after the change occurs.

SB80-ASA1,12,11 2. If during the period for which a permit is in effect the traveling sales crew operator intends to have the permit holder engage in any form of traveling sales crew activity that is not identified in the permit, the traveling sales crew operator shall apply to the department to amend the permit.

SB80-ASA1,12,17 (f) Display of permit. 1. A traveling sales crew operator shall ensure that a traveling sales crew member who is performing traveling sales crew activities on behalf of the traveling sales crew operator possesses at all times while engaging in those activities a valid permit and an identification card issued by a federal or state governmental agency that includes, at a minimum, a photograph of the traveling sales crew member.

SB80-ASA1,12,22 2. A traveling sales crew member shall carry at all times while engaging in traveling sales crew activities the member's permit and identification card and shall promptly produce that permit and identification card upon the request of any deputy of the department, law enforcement officer, or person with whom the member is doing business.

SB80-ASA1,13,3 (g) Validity of permit; compliance with local ordinances. A permit is valid in every municipality in this sate, but the issuance of a permit does not exempt a traveling sales crew operator or member from compliance with any municipal ordinance that requires the operator or member to obtain a solicitor's license or that prohibits the sale of goods or services to consumers from house to house, on any street, or in any other place that is open to the public.

SB80-ASA1,13,7 (4) Obligations of traveling sales crew operators to members. (a) Disclosure statement. At the time a person is recruited to work as a traveling sales crew member, the traveling sales crew operator shall provide the person with a written disclosure statement that includes all of the following information:

SB80-ASA1,13,9 1. The address of the principal place of business of the traveling sales crew operator or of the agent for service of process under sub. (2) (b) 1.

SB80-ASA1,13,10 2. The compensation to be paid.

SB80-ASA1,13,11 3. The type or types of work that the person may be required to perform.

SB80-ASA1,13,12 4. The frequency of wage payments to traveling sales crew members.

SB80-ASA1,13,13 5. The period of engagement.

SB80-ASA1,13,16 6. A description of the transportation, board, lodging, and other benefits to be provided by the traveling sales crew operator to the person and any costs chargeable to the person for those benefits.

SB80-ASA1,13,20 (b) Records. A traveling sales crew operator shall, with respect to each traveling sales crew member working on behalf of the traveling sales crew operator, make, keep, and preserve for 3 years after the end of a pay period all of the following information:

SB80-ASA1,13,21 1. The basis on which compensation is paid.

SB80-ASA1,13,23 2. The number of piecework units earned, if the traveling sales crew member is paid on a piecework basis.

SB80-ASA1,13,24 3. The number of hours worked.

SB80-ASA1,13,25 4. The total earnings of the traveling sales crew member for the pay period.

SB80-ASA1,14,2 5. The specific sums withheld from the traveling sales crew member's pay and the purpose of each sum withheld.

SB80-ASA1,14,3 6. The net pay of the traveling sales crew member for the pay period.

SB80-ASA1,14,9 (c) Payment of compensation when due. A traveling sales crew operator shall pay all compensation owed to a traveling sales crew member when due as provided under par. (a) 4. Compensation shall be paid in U.S. currency or by a negotiable instrument such as a bank check or draft. A traveling sales crew operator shall provide with each payment of compensation a written statement itemizing the information specified in par. (b) for the pay period.

SB80-ASA1,14,19 (d) Deductions; cost of business expenses. A traveling sales crew operator may deduct from a traveling sales crew member's compensation the reasonable cost to the operator of furnishing board, lodging, or other facilities to the member if the board, lodging, or other facilities are customarily furnished by the operator to its members and if the amount deducted does not exceed the fair market value of the board, lodging, or other facilities and does not include any profit to the operator. Except as provided in this paragraph, a traveling sales crew operator may not impose on any traveling sales crew member any of the traveling sales crew operator's business expenses, including the cost of maintaining and operating a motor vehicle that is used to transport traveling sales crew members.

SB80-ASA1,14,21 (e) Transportation safety. A traveling sales crew operator shall do all of the following:

SB80-ASA1,14,24 1. Ensure that each motor vehicle that the operator uses or causes to be used to transport a traveling sales crew member conforms to all applicable state and federal safety standards.

SB80-ASA1,15,3 2. Ensure that each person who operates a motor vehicle that is used to transport a traveling sales crew member has a valid and appropriate operator's license issued under ch. 343 or under a comparable law of another state.

SB80-ASA1,15,9 3. Have in force, for each motor vehicle that is used to transport a traveling sales crew member, a policy of insurance or a liability bond that insures the operator, in an amount prescribed by the department by rule promulgated under sub. (8), against liability for damages to persons and property arising out of the ownership or operation of the motor vehicle for that purpose or out of causing the motor vehicle to be operated for that purpose.

SB80-ASA1,15,17 (f) Housing safety. A traveling sales crew operator shall ensure that any facility or property that is used to house a traveling sales crew member complies with all federal, state, and local safety and health standards that are applicable to the facility or property. If the facility or property is not owned or controlled by the traveling sales crew operator, the operator shall obtain verification that the owner or operator of the facility or property is licensed and insured in accordance with all applicable state and local laws prior to housing any traveling sales crew member in the facility or property.

SB80-ASA1,15,19 (5) Prohibited practices. No traveling sales crew operator or any other person on behalf of a traveling sales crew operator may do any of the following:

SB80-ASA1,15,23 (a) Permit to work as a traveling sales crew member a person under 18 years of age or permit to work as a traveling sales crew member a person 18 years of age or over who has been adjudged incompetent under ch. 54 without the permission of the person's guardian.

SB80-ASA1,15,25 (b) Require a traveling sales crew member to engage in any in-person sales or solicitation activities before 9 a.m. or after 9 p.m.

SB80-ASA1,16,3 (c) Require a traveling sales crew member to relinquish custody of any of his or her personal property to the traveling sales crew operator, to any other traveling sales crew member working on behalf of the operator, or to any other person.

SB80-ASA1,16,5 (d) Prohibit or restrict a traveling sales crew member from contacting any family member, friend, or other person while traveling with a traveling sales crew.

SB80-ASA1,16,7 (e) Intentionally inflict or threaten to inflict any bodily harm on a traveling sales crew member or damage to the property of a traveling sales crew member.

SB80-ASA1,16,9 (f) Advise or counsel a traveling sales crew member to make false representations to a person to whom he or she is offering goods or services for sale.

SB80-ASA1,16,12 (g) Discharge or discriminate against any person for opposing a practice prohibited under this section. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB80-ASA1,16,20 (6) Child support; delinquent taxes. (a) Provision of social security or employer identification number. 1. Except as provided in subd. 3., the department shall require each applicant for a certificate of registration or permit who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a certificate of registration who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate of registration or permit.

SB80-ASA1,17,2 2. If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a certificate of registration or permit to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 3.

SB80-ASA1,17,8 3. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A certificate of registration or permit issued in reliance upon a false statement submitted under this subdivision is invalid.

SB80-ASA1,17,12 4. The department may not disclose the social security number or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the department of children and families under s. 49.22 (2m).

SB80-ASA1,17,24 (b) Child support. The department shall deny, suspend, refuse to renew, or otherwise withhold a certificate of registration or permit for failure of the applicant or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

SB80-ASA1,18,6 (c) Delinquent taxes. The department shall deny an application for the issuance or renewal of a certificate of registration or permit, or revoke a certificate of registration or permit already issued, if the department of revenue certifies under s. 73.0301 that the applicant or registrant is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

SB80-ASA1,18,12 (7) Enforcement. (a) Criminal penalties. 1. Any person who willfully and knowingly violates this section, any rule promulgated under sub. (8), or any order issued under this section or who hinders or delays the department in the performance of its duties or hinders or delays any law enforcement officer in the performance of his or her duties under this section may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.

SB80-ASA1,18,16 2. Whoever, having been convicted of a prior violation described in subd. 1., willfully and knowingly commits a violation described in subd. 1. is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000.

SB80-ASA1,18,25 (b) Forfeitures. Any person who violates this section, any rule promulgated under sub. (8), or any order issued under this section or who hinders or delays the department in the performance of its duties or hinders or delays any law enforcement officer in the performance of his or her duties under this section may be required to forfeit $10,000. Each day of continued violation constitutes a separate offense. In determining the amount of a forfeiture under this paragraph, the court shall consider the gravity of the violation and the previous record of the person in terms of compliance with this section, any rules promulgated under sub. (8), and any orders issued under this section.

SB80-ASA1,19,13 (c) Injunctive relief. In addition to any other remedy under this subsection, if the department determines that any person has violated this section, any rule promulgated under sub. (8), or any order issued under this section or has hindered or delayed the department in the performance of its duties or hindered or delayed any law enforcement officer in the performance of his or her duties under this section, the department may refer the matter to the attorney general or the district attorney of the county in which the violation occurred, and the attorney general or district attorney may bring a civil action for injunctive relief as may be appropriate to compel compliance with this section, the rule, or the order or to permit the performance of those duties. In addition to any injunctive relief ordered in an action under this paragraph, the court, notwithstanding s. 814.01 (1), shall award to a party that obtains the injunctive relief reasonable actual attorney fees and other actual costs as may be incurred in the action.

SB80-ASA1,19,17 (d) Referral for prosecution. The department may refer violations of this section, of any rules promulgated under sub. (8), or of any orders issued under this section for prosecution by the attorney general or the district attorney of the county in which the violation occurred.

SB80-ASA1,19,19 (8) Rules. The department shall promulgate rules to implement this section. Those rules shall include all of the following:

SB80-ASA1,19,21 (a) The information that an applicant for a certificate of registration or permit is required to provide in an application under sub. (2) (b) or (3) (b).

SB80-ASA1,19,24 (b) A fee for obtaining, renewing, or extending a certificate of registration or permit. The department shall determine the fee based on the cost of issuing certificates of registration and permits.

SB80-ASA1,19,25 (c) Standards for the issuance of a certificate of registration or permit.

SB80-ASA1,20,2 (d) The amount of liability insurance or of a liability bond that a traveling sales crew operator shall have in force under sub. (4) (e) 3.

SB80-ASA1,20,6 (9) Nonapplicability. This section does not apply to the employment of a person in a fund-raising sale for a nonprofit organization, as defined in s. 103.21 (2), a public school, as defined in s. 103.21 (5), or a private school, as defined in s. 103.21 (4).

SB80-ASA1, s. 6 Section 6. 111.322 (2m) (a) of the statutes is amended to read:

SB80-ASA1,20,11 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB80-ASA1, s. 7 Section 7. 111.322 (2m) (b) of the statutes is amended to read:

SB80-ASA1,20,16 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB80-ASA1, s. 8 Section 8 . Nonstatutory provisions.

SB80-ASA1,20,24 (1) Rule making. The department of workforce development shall submit in proposed form the rules required under section 103.34 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection. Notwithstanding section 227.137 (2) of the statutes, the secretary of administration may not require the department of workforce development to prepare an economic impact report for those rules.

SB80-ASA1, s. 9 Section 9. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

SB80-ASA1,21,4 (1) Rule making. Section 8 (1) of this act takes effect on the day after publication.

SB80-ASA1,21,5 (End)