SB21-SSA1,2964d 13Section 2964d. 102.51 (3) of the statutes is amended to read:
SB21-SSA1,894,1814 102.51 (3) Division among dependents. If there is more than one person wholly
15or partially dependent on a deceased employee, the death benefit shall be divided
16between such those dependents in such proportion as the department shall
17determine
or the division determines to be just, considering their ages and other facts
18bearing on such their dependency.
SB21-SSA1,2965d 19Section 2965d. 102.51 (4) of the statutes is amended to read:
SB21-SSA1,895,720 102.51 (4) Dependency as of the date of death. Questions as to who is a
21dependent and the extent of his or her dependency shall be determined as of the date
22of the death of the employee, and the dependent's right to any death benefit becomes
23fixed at that time, regardless of any subsequent change in conditions. The death
24benefit shall be directly recoverable by and payable to the dependents entitled
25thereto to the death benefit or their legal guardians or trustees. In case of the death

1of a dependent whose right to a death benefit has thus become fixed, so much of the
2benefit as is then unpaid is payable to the dependent's personal representatives in
3gross, unless the department or the division determines that the unpaid benefit shall
4be reassigned, under sub. (6), and paid to any other dependent who is physically or
5mentally incapacitated or a minor. A posthumous child is for the purpose For
6purposes
of this subsection, a child of the employee who is born after the death of the
7employee is considered to be
a dependent as of the date of death.
SB21-SSA1,2966d 8Section 2966d. 102.51 (6) of the statutes is amended to read:
SB21-SSA1,895,159 102.51 (6) Division among dependents. Benefits accruing to a minor dependent
10child may be awarded to either parent in the discretion of the department or the
11division
. Notwithstanding sub. (1), the department or the division may reassign the
12death benefit, in accordance with their respective needs for the death benefit as
13between a surviving spouse or a domestic partner under ch. 770 and any children
14designated specified in sub. (1) and s. 102.49 in accordance with their respective
15needs for the death benefit
.
SB21-SSA1,2967d 16Section 2967d. 102.55 (3) of the statutes is amended to read:
SB21-SSA1,895,2517 102.55 (3) For all other injuries to the members of the body or its faculties
18which that are specified in this the schedule under s. 102.52 resulting in permanent
19disability, though the member be is not actually severed or the faculty is not totally
20lost, compensation shall bear such relation to that the compensation named in this
21the schedule as disabilities bear the disability bears to the disabilities disability
22named in this the schedule. Indemnity in such those cases shall be determined by
23allowing weekly indemnity during the healing period resulting from the injury and
24the percentage of permanent disability resulting thereafter after the healing period
25as found by the department or the division.
SB21-SSA1,2968d
1Section 2968d. 102.555 (12) (a) of the statutes is amended to read:
SB21-SSA1,896,62 102.555 (12) (a) An employer, the department, or the department division is
3not liable for the expense of any examination or test for hearing loss, any evaluation
4of such an exam or test, any medical treatment for improving or restoring hearing,
5or any hearing aid to relieve the effect of hearing loss unless it is determined that
6compensation for occupational deafness is payable under sub. (3), (4), or (11).
SB21-SSA1,2969d 7Section 2969d. 102.56 (1) of the statutes is amended to read:
SB21-SSA1,896,208 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as
9to occasion potential wage loss due to the disfigurement, the department or the
10division
may allow such sum as the department or the division considers just as
11compensation for the disfigurement, not exceeding the employee's average annual
12earnings. In determining the potential for wage loss due to the disfigurement and
13the sum awarded, the department or the division shall take into account the age,
14education, training, and previous experience and earnings of the employee, the
15employee's present occupation and earnings, and likelihood of future suitable
16occupational change. Consideration for disfigurement allowance is confined to those
17areas of the body that are exposed in the normal course of employment. The
18department or the division shall also take into account the appearance of the
19disfigurement, its location, and the likelihood of its exposure in occupations for which
20the employee is suited.
SB21-SSA1,2970d 21Section 2970d. 102.56 (2) of the statutes is amended to read:
SB21-SSA1,897,222 102.56 (2) If an employee who claims compensation under sub. (1) returns to
23work for the employer who employed the employee at the time of the injury, or is
24offered employment with that employer, at the same or a higher wage, the

1department or the division may not allow that compensation unless the employee
2suffers an actual wage loss due to the disfigurement.
SB21-SSA1,2971d 3Section 2971d. 102.565 (1) of the statutes is amended to read:
SB21-SSA1,897,254 102.565 (1) When an employee working subject to this chapter, as a result of
5exposure in the course of his or her employment over a period of time to toxic or
6hazardous substances or conditions, an employee performing work that is subject to
7this chapter
develops any clinically observable abnormality or condition which that,
8on competent medical opinion, predisposes or renders the employ employee in any
9manner differentially susceptible to disability to such an extent that it is inadvisable
10for the employee to continue employment involving such that exposure and the
11employee
, is discharged from or ceases to continue the employment, and suffers wage
12loss by reason of such that discharge from, or such cessation of, employment, the
13department or the division may allow such sum as it deems the department or the
14division considers
just as compensation therefor for that wage loss, not exceeding
15$13,000. In the event If a nondisabling condition may also be caused by toxic or
16hazardous exposure not related to employment, and if the employee has a history of
17such that exposure, compensation as provided by under this section or any other
18remedy for loss of earning capacity
shall not be allowed nor shall any other remedy
19for loss of earning capacity. In case of such discharge
. If the employee is discharged
20from employment
prior to a finding by the department or the division that it is
21inadvisable for the employee to continue in such that employment and if it is
22reasonably probable that continued exposure would result in disability, the liability
23of the employer who so discharges the employee is primary, and the liability of the
24employer's insurer is secondary, under the same procedure and to the same effect as
25provided by s. 102.62.
SB21-SSA1,2972d
1Section 2972d. 102.565 (2) of the statutes is amended to read:
SB21-SSA1,898,172 102.565 (2) Upon application of any employer or employee the department or
3the division
may direct any employee of the employer or an employee who, in the
4course of his or her employment, has been exposed to toxic or hazardous substances
5or conditions, to submit to examination by a physician or one or more physicians to
6be
appointed by the department or the division to determine whether the employee
7has developed any abnormality or condition under sub. (1), and the degree thereof
8of that abnormality or condition. The cost of the medical examination shall be borne
9by the person making application. The physician conducting the examination shall
10submit the
results of the examination shall be submitted by the physician to the
11department or the division, which shall submit copies of the reports to the employer
12and employee, who shall have an opportunity to rebut the reports provided request
13therefor
if a request to submit a rebuttal is made to the department or the division
14within 10 days from the mailing of after the department or the division mails the
15report to the parties. The department or the division shall make its findings as to
16whether or not it is inadvisable for the employee to continue in his or her
17employment.
SB21-SSA1,2973d 18Section 2973d. 102.565 (3) of the statutes is amended to read:
SB21-SSA1,898,2319 102.565 (3) If an employee refuses to submit to the examination after direction
20by the commission, or any member thereof or the department or any member of the
21commission, the department, the division,
or an examiner thereof,, an employee
22refuses to submit to an examination
or in any way obstructs the same examination,
23the employee's right to compensation under this section shall be barred.
SB21-SSA1,2974 24Section 2974. 102.57 of the statutes is amended to read:
SB21-SSA1,899,7
1102.57 Violations of safety provisions, penalty. If injury is caused by the
2failure of the employer to comply with any statute, rule, or order of the department
3of safety and professional services, compensation and death benefits provided in this
4chapter shall be increased 15% by 15 percent but the total increase may not exceed
5$15,000. Failure of an employer reasonably to enforce compliance by employees with
6any statute, rule, or order of the department of safety and professional services
7constitutes failure by the employer to comply with that statute, rule, or order.
SB21-SSA1,2975 8Section 2975. 102.58 of the statutes is amended to read:
SB21-SSA1,899,19 9102.58 Decreased compensation. If injury is caused by the failure of the
10employee to use safety devices that are provided in accordance with any statute, rule,
11or order of the department of safety and professional services and that are
12adequately maintained, and the use of which is reasonably enforced by the employer,
13if injury results from the employee's failure to obey any reasonable rule adopted and
14reasonably enforced by the employer for the safety of the employee and of which the
15employee has notice, or if injury results from the intoxication of the employee by
16alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
17defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
18the compensation and death benefit provided in this chapter shall be reduced 15%
19by 15 percent but the total reduction may not exceed $15,000.
SB21-SSA1,2978 20Section 2978. 102.61 (1g) (c) of the statutes is amended to read:
SB21-SSA1,900,1321 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
22rehabilitation services under 29 USC 701 to 797a, an employee shall provide the
23employer with a written report from a physician, chiropractor, psychologist, or
24podiatrist stating the employee's permanent work restrictions. Within 60 days after
25receiving that report, the employer shall provide to the employee in writing an offer

1of suitable employment, a statement that the employer has no suitable employment
2for the employee, or a report from a physician, chiropractor, psychologist, or
3podiatrist showing that the permanent work restrictions provided by the employee's
4practitioner are in dispute and documentation showing that the difference in work
5restrictions would materially affect either the employer's ability to provide suitable
6employment or a vocational rehabilitation counselor's ability to recommend a
7rehabilitative training program. If the employer and employee cannot resolve the
8dispute within 30 days after the employee receives the employer's report and
9documentation, the employer or employee may request a hearing before the
10department division to determine the employee's work restrictions. Within 30 days
11after the department division determines the employee's work restrictions, the
12employer shall provide to the employee in writing an offer of suitable employment
13or a statement that the employer has no suitable employment for the employee.
SB21-SSA1,2980d 14Section 2980d. 102.61 (1m) (c) of the statutes is amended to read:
SB21-SSA1,900,2515 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
16of any services provided for an employee by a private rehabilitation counselor under
17par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
18and by rule, if the private rehabilitation counselor determines that rehabilitative
19training is necessary, the reasonable cost of the rehabilitative training program
20recommended by that counselor, including the cost of tuition, fees, books,
21maintenance, and travel at the same rate as is provided for state officers and
22employees under s. 20.916 (8). Notwithstanding that the department or the division
23may authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts
24longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less
25is presumed to be reasonable.
SB21-SSA1,2984
1Section 2984. 102.61 (2) of the statutes is amended to read:
SB21-SSA1,901,82 102.61 (2) The department division, the commission, and the courts shall
3determine the rights and liabilities of the parties under this section in like manner
4and with like effect as the department division, the commission, and the courts
5determine other issues under this chapter. A determination under this subsection
6may include a determination based on the evidence regarding the cost or scope of the
7services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
8or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB21-SSA1,2985 9Section 2985. 102.62 of the statutes is amended to read:
SB21-SSA1,901,25 10102.62 Primary and secondary liability; unchangeable. In case of
11liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
12the liability of the insurance carrier shall be secondary. If proceedings are had before
13the department division for the recovery of that liability, the department division
14shall set forth in its award the amount and order of liability as provided in this
15section. Execution shall not be issued against the insurance carrier to satisfy any
16judgment covering that liability until execution has first been issued against the
17employer and has been returned unsatisfied as to any part of that liability. Any
18provision in any insurance policy undertaking to guarantee primary liability or to
19avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
20employer has been adjudged bankrupt or has made an assignment for the benefit of
21creditors, or if the employer, other than an individual, has gone out of business or has
22been dissolved, or if the employer is a corporation and its charter has been forfeited
23or revoked, the insurer shall be liable for the payment of that liability without
24judgment or execution against the employer, but without altering the primary
25liability of the employer.
SB21-SSA1,2987d
1Section 2987d. 102.64 (1) of the statutes is amended to read:
SB21-SSA1,902,132 102.64 (1) Upon request of the department of administration, a representative
3of the department of justice shall represent the state in cases involving payment into
4or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
5department of justice, after giving notice to the department of administration, may
6compromise the amount of those payments but such compromises shall be subject to
7review by the department of workforce development or the division. If the spouse or
8domestic partner under ch. 770 of the deceased employee compromises his or her
9claim for a primary death benefit, the claim of the children of the employee under s.
10102.49 shall be compromised on the same proportional basis, subject to approval by
11the department or the division. If the persons entitled to compensation on the basis
12of total dependency under s. 102.51 (1) compromise their claim, payments under s.
13102.49 (5) (a) shall be compromised on the same proportional basis.
SB21-SSA1,2988d 14Section 2988d. 102.64 (2) of the statutes is amended to read:
SB21-SSA1,903,215 102.64 (2) Upon request of the department of administration, the attorney
16general shall appear on behalf of the state in proceedings upon claims for
17compensation against the state. Except as provided in s. 102.65 (3), the department
18of justice shall represent the interests of the state in proceedings under s. 102.44 (1),
19102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
20in those proceedings, but the compromises are subject to review by the department
21of workforce development or the division. Costs incurred by the department of justice
22in prosecuting or defending any claim for payment into or out of the work injury
23supplemental benefit fund under s. 102.65, including expert witness and witness
24fees but not including attorney fees or attorney travel expenses for services

1performed under this subsection, shall be paid from the work injury supplemental
2benefit fund.
SB21-SSA1,2991d 3Section 2991d. 102.65 (3) of the statutes is amended to read:
SB21-SSA1,903,114 102.65 (3) The department of workforce development may retain the
5department of administration to process, investigate, and pay claims under ss.
6102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce
7development, the department of administration may compromise a claim processed
8by that department, but a compromise made by that department is subject to review
9by the department of workforce development or the division. The department of
10workforce development shall pay for the services retained under this subsection from
11the appropriation account under s. 20.445 (1) (t).
SB21-SSA1,2992 12Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:
SB21-SSA1,903,2413 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred
14losses to, the work injury supplemental benefit fund using generally accepted
15actuarial principles. If the secretary determines that the expected ultimate losses
16to the work injury supplemental benefit fund on known claims exceed 85 percent of
17the cash balance in that fund, the secretary shall consult with the council on worker's
18compensation. If the secretary, after consulting with the council on worker's
19compensation, determines that there is a reasonable likelihood that the cash balance
20in the work injury supplemental benefit fund may become inadequate to fund all
21claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
22with the secretary of administration a certificate attesting that the cash balance in
23that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c),
24102.49, 102.59, and 102.66 and specifying one of the following:
SB21-SSA1,2995d 25Section 2995d. 102.66 (1) of the statutes is amended to read:
SB21-SSA1,904,14
1102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an
2otherwise meritorious claim for occupational disease, or for a traumatic injury
3described in s. 102.17 (4) in which the date of injury or death or last payment of
4compensation, other than for treatment or burial expenses, is before April 1, 2006,
5and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
6department or the division may, in lieu of worker's compensation benefits, direct
7payment from the work injury supplemental benefit fund under s. 102.65 of such
8compensation and such medical expenses as would otherwise be due, based on the
9date of injury, to or on behalf of the injured employee. The benefits shall be
10supplemental, to the extent of compensation liability, to any disability or medical
11benefits payable from any group insurance policy whose premium is paid in whole
12or in part by any employer, or under any federal insurance or benefit program
13providing disability or medical benefits. Death benefits payable under any such
14group policy do not limit the benefits payable under this section.
SB21-SSA1,2996d 15Section 2996d. 102.75 (1) of the statutes is amended to read:
SB21-SSA1,905,516 102.75 (1) The department shall assess upon and collect from each licensed
17worker's compensation insurance carrier and from each employer exempted under
18s. 102.28 (2) by special order or by rule, the proportion of total costs and expenses
19incurred by the council on worker's compensation for travel and research and by the
20department, the division, and the commission in the administration of this chapter
21for the current fiscal year plus any deficiencies in collections and anticipated costs
22from the previous fiscal year, that the total indemnity paid or payable under this
23chapter by each such carrier and exempt employer in worker's compensation cases
24initially closed during the preceding calendar year, other than for increased, double
25or treble compensation bore to the total indemnity paid in cases closed the previous

1calendar year under this chapter by all carriers and exempt employers other than
2for increased, double or treble compensation. The council on worker's compensation,
3the division,
and the commission shall annually certify any costs and expenses for
4worker's compensation activities to the department at such time as the secretary
5requires.
SB21-SSA1,2997 6Section 2997. 102.75 (1g) of the statutes is created to read:
SB21-SSA1,905,147 102.75 (1g) (a) Subject to par. (b), the department shall collect from each
8licensed worker's compensation carrier the proportion of reimbursement approved
9by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year
10before the previous year that the total indemnity paid or payable under this chapter
11by the carrier in worker's compensation cases initially closed during the preceding
12calendar year, other than for increased, double, or treble compensation, bore to the
13total indemnity paid in cases closed the previous calendar year under this chapter
14by all carriers, other than for increased, double, or treble compensation.
SB21-SSA1,905,2215 (b) The maximum amount that the department may collect under par. (a) in a
16calendar year is $5,000,000. If the amount determined collectible under par. (a) in
17a calendar year is $5,000,000 or less, the department shall collect that amount. If
18the amount determined collectible under par. (a) in a calendar year exceeds
19$5,000,000, the department shall collect $5,000,000 in the year in which the
20determination is made and, subject to the maximum amount collectible of $5,000,000
21per calendar year, shall collect the excess in the next calendar year or in subsequent
22calendar years until that excess is collected in full.
SB21-SSA1,905,2523 (c) This subsection does not apply to claims for reimbursement under s. 102.44
24(1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1,
252016.
SB21-SSA1,3000
1Section 3000. 102.75 (1m) of the statutes is amended to read:
SB21-SSA1,906,72 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss.
3102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a
4separate nonlapsible fund designated as the worker's compensation operations fund.
5Moneys in the fund may be expended only as provided in s. ss. 20.427 (1) (ra) and
620.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose
7of the state.
SB21-SSA1,3002 8Section 3002. 102.75 (2) of the statutes is amended to read:
SB21-SSA1,906,219 102.75 (2) The department shall require that payments for costs and expenses
10for each fiscal year shall be made on such dates as the department prescribes by
each
11licensed worker's compensation insurance carrier and employer exempted under s.
12102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments
13required under sub. (1) for each fiscal year on such dates as the department
14prescribes. The department shall also require each licensed worker's compensation
15insurance carrier to make the payments required under sub. (1g) for each fiscal year
16on those dates
. Each such payment shall be a sum equal to a proportionate share of
17the annual costs and expenses assessed upon each carrier and employer as estimated
18by the department. Interest shall accrue on amounts not paid within 30 days after
19the date prescribed by the department under this subsection at the rate of 1 percent
20per month. All interest payments received under this subsection shall be deposited
21in the fund established under s. 102.65.
SB21-SSA1,3006 22Section 3006. 102.80 (1) (f) of the statutes is created to read:
SB21-SSA1,906,2423 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the
24appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).
SB21-SSA1,3018 25Section 3018. 102.81 (1) (c) of the statutes is created to read:
SB21-SSA1,907,7
1102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
2$1,000,000 from the uninsured employers fund in the first instance. If the claim is
3not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
4administration shall transfer from the appropriation account under s. 20.445 (1) (ra)
5to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to
6the amount by which payments from the uninsured employers fund on the claim are
7in excess of $1,000,000.
SB21-SSA1,907,148 2. Each calendar year the department shall file with the secretary of
9administration a certificate setting forth the number of claims in excess of
10$1,000,000 in the preceding year paid from the uninsured employers fund, the
11payments made from the uninsured employers fund on each such claim in the
12preceding year, and the total payments made from the uninsured employers fund on
13all such claims and, based on that information, the secretary of administration shall
14determine the amount to be transferred under subd. 1. in that calendar year.
SB21-SSA1,907,2215 3. The maximum amount that the secretary of administration may transfer
16under subd. 1. in a calendar year is $500,000. If the amount determined under subd.
172. is $500,000 or less, the secretary of administration shall transfer the amount
18determined under subd. 2. If the amount determined under subd. 2. exceeds
19$500,000, the secretary of administration shall transfer $500,000 in the calendar
20year in which the determination is made and, subject to the maximum transfer
21amount of $500,000 per calendar year, shall transfer that excess in the next calendar
22year or in subsequent calendar years until that excess is transferred in full.
SB21-SSA1,3076c 23Section 3076c. 103.005 (14m) of the statutes is created to read:
SB21-SSA1,907,2524 103.005 (14m) (a) In this subsection, "qualified independent researcher"
25means a faculty member of a university who satisfies all of the following:
SB21-SSA1,908,3
11. The faculty member has an approved protocol from an institutional review
2board for human subjects research to work with data containing personal
3information for the purposes of evaluating the program under s. 119.23.
SB21-SSA1,908,64 2. The faculty member has received from the state and properly managed data
5containing personal information for the purposes of evaluating the program under
6s. 119.23 before the effective date of this subdivision .... [LRB inserts date].
SB21-SSA1,908,147 (b) The department shall, to the extent permitted under federal law, permit a
8qualified independent researcher to have access to any database maintained by the
9department for the purpose of cross-matching information contained in any such
10database with a database that both is in the possession of the qualified independent
11researcher and contains information regarding pupils participating in the program
12under s. 119.23. The department may charge a fee to the qualified independent
13researcher for the information that does not exceed the cost incurred by the
14department to provide the information.
SB21-SSA1,3076d 15Section 3076d. 103.06 (1) (b) 5. of the statutes is amended to read:
SB21-SSA1,908,1816 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as
17required under rules promulgated under s. 104.04 104.035, an employee, as defined
18in s. 104.01 (2).
SB21-SSA1,3076h 19Section 3076h. 103.06 (1) (c) 5. of the statutes is amended to read:
SB21-SSA1,908,2220 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as
21required under rules promulgated under s. 104.04 104.035, an employer, as defined
22in s. 104.01 (3).
SB21-SSA1,3076p 23Section 3076p. 103.06 (3) (a) 4. of the statutes is amended to read:
SB21-SSA1,909,324 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked
25by its employees, the wages paid to those employees, any deductions from those

1wages, and any other information that the employer is required to keep under rules
2promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages
3as required under s. 103.457.
SB21-SSA1,3076t 4Section 3076t. 103.06 (4) (a) 1. of the statutes is amended to read:
SB21-SSA1,909,115 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment
6and examine and copy any records that the employer is required to keep under rules
7promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records,
8records of wage withholdings, records of work activity and hours of work, and records
9or indicia of the employment status of persons performing work for the employer; and
10any other records relating to compliance with the requirements specified in sub. (3)
11(a).
SB21-SSA1,3078am 12Section 3078am. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB21-SSA1,909,1413 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
14104
s. 104.035 or under federal law, whichever is greater, for the work.
SB21-SSA1,3078b 15Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,909,1716 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104
17s. 104.035 or under federal law, whichever is greater, for the work.
SB21-SSA1,3078bg 18Section 3078bg. 103.85 (2) (g) of the statutes is created to read:
SB21-SSA1,909,2019 103.85 (2) (g) An employee who states in writing that he or she voluntarily
20chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
SB21-SSA1,3078bm 21Section 3078bm. 104.001 (1) of the statutes is amended to read:
SB21-SSA1,910,322 104.001 (1) The legislature finds that the provision of a living minimum wage
23that is uniform throughout the state is a matter of statewide concern and that the
24enactment of a living minimum wage ordinance by a city, village, town, or county
25would be logically inconsistent with, would defeat the purpose of, and would go

1against the spirit of this chapter. Therefore, this chapter shall be construed as an
2enactment of statewide concern for the purpose of providing a living minimum wage
3that is uniform throughout the state.
SB21-SSA1,3078c 4Section 3078c. 104.001 (2) of the statutes is amended to read:
SB21-SSA1,910,75 104.001 (2) A city, village, town, or county may not enact and administer an
6ordinance establishing a living minimum wage. Any city, village, town, or county
7living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB21-SSA1,3078cm 8Section 3078cm. 104.01 (intro.) of the statutes is amended to read:
SB21-SSA1,910,10 9104.01 Definitions. (intro.) The following terms as used in In this chapter
10shall be construed as follows:
SB21-SSA1,3078d 11Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB21-SSA1,3078dm 12Section 3078dm. 104.01 (1d) of the statutes is created to read:
SB21-SSA1,910,1413 104.01 (1d) "Agricultural employee" means an employee who is employed in
14the operation of farm premises, as described in s. 102.04 (3).
SB21-SSA1,3078e 15Section 3078e. 104.01 (5) of the statutes is repealed.
SB21-SSA1,3078em 16Section 3078em. 104.01 (5g) of the statutes is created to read:
SB21-SSA1,910,1717 104.01 (5g) "Minor employee" means an employee who is under 18 years of age.
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