LRBa0109/1
GMM:jld:jf
2009 - 2010 LEGISLATURE
SENATE AMENDMENT 1,
TO 2009 SENATE BILL 4
March 16, 2009 - Offered by Senator
Hopper.
SB4-SA1,1,5
3"(am) This section does not apply to the employment of 2 or more individuals
4who are traveling together for the purpose of selling goods or services if all of the
5following apply:
SB4-SA1,1,76
1. The individuals are permanent employees of the employer for whom the
7individuals are selling goods or services.
SB4-SA1,1,108
2. Sales activities that require the individuals to be absent overnight from their
9permanent places of residence constitute no more than 20 percent of the job duties
10that the individuals perform for the employer on an annual basis.
SB4-SA1,1,1311
3. The employer covers the individuals for worker's compensation benefits
12while the individuals are engaged in sales activities in this state as required under
13s. 102.28 (2) or under the law of any other state.
SB4-SA1,2,7
14. The employer has conducted preemployment background investigations of
2the individuals, and of all employees, agents, or representatives of the employer who
3supervise or transport the individuals for purpose of the sales activities specified in
4subd. 2., that is at least as extensive as the background investigation required under
5sub. (3) (b) for persons who supervise or transport traveling sales crew workers, and
6the individuals, employees, agents, and representatives have not been convicted of
7a disqualifying offense within the 5 years preceding the date of employment.
SB4-SA1,2,108
5. The employer provides proof of financial responsibility in the same manner
9that an employer of a traveling sales crew worker is required to provide that proof
10under sub. (4).
SB4-SA1,2,1211
6. The individuals are paid in the same manner that an employer of a traveling
12sales crew worker is required to pay such a worker under sub. (6) (a).
SB4-SA1,2,1613
7. Any vehicle provided by the employer to transport the individuals for the
14purpose of the sales activities specified in subd. 2. is maintained and operated in the
15same manner that a motor vehicle used to transport traveling sales crew workers is
16required to be maintained and operated under sub. (7) (a).
SB4-SA1,2,1917
8. The employer has in force insurance coverage that is at least as
18comprehensive as the insurance coverage that an employer of a traveling sales crew
19worker is required to have in force under sub. (8).
SB4-SA1,2,2220
9. The employer files an affidavit with the department, in a form and manner
21prescribed by the department, together with any other information required by the
22department, showing compliance with subds. 1. to 8.".
