Amendment ASA1-SB80

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)