Amendment SSA1-SB21

SB21-SSA1,905,22 (b) The maximum amount that the department may collect under par. (a) in a calendar year is $5,000,000. If the amount determined collectible under par. (a) in a calendar year is $5,000,000 or less, the department shall collect that amount. If the amount determined collectible under par. (a) in a calendar year exceeds $5,000,000, the department shall collect $5,000,000 in the year in which the determination is made and, subject to the maximum amount collectible of $5,000,000 per calendar year, shall collect the excess in the next calendar year or in subsequent calendar years until that excess is collected in full.

SB21-SSA1,905,25 (c) This subsection does not apply to claims for reimbursement under s. 102.44 (1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1, 2016.

SB21-SSA1,3000 Section 3000. 102.75 (1m) of the statutes is amended to read:

SB21-SSA1,906,7 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

SB21-SSA1,3002 Section 3002. 102.75 (2) of the statutes is amended to read:

SB21-SSA1,906,21 102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments required under sub. (1) for each fiscal year on such dates as the department prescribes. The department shall also require each licensed worker's compensation insurance carrier to make the payments required under sub. (1g) for each fiscal year on those dates. Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 30 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB21-SSA1,3006 Section 3006. 102.80 (1) (f) of the statutes is created to read:

SB21-SSA1,906,24 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).

SB21-SSA1,3018 Section 3018. 102.81 (1) (c) of the statutes is created to read:

SB21-SSA1,907,7 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of $1,000,000 from the uninsured employers fund in the first instance. If the claim is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of administration shall transfer from the appropriation account under s. 20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to the amount by which payments from the uninsured employers fund on the claim are in excess of $1,000,000.

SB21-SSA1,907,14 2. Each calendar year the department shall file with the secretary of administration a certificate setting forth the number of claims in excess of $1,000,000 in the preceding year paid from the uninsured employers fund, the payments made from the uninsured employers fund on each such claim in the preceding year, and the total payments made from the uninsured employers fund on all such claims and, based on that information, the secretary of administration shall determine the amount to be transferred under subd. 1. in that calendar year.

SB21-SSA1,907,22 3. The maximum amount that the secretary of administration may transfer under subd. 1. in a calendar year is $500,000. If the amount determined under subd. 2. is $500,000 or less, the secretary of administration shall transfer the amount determined under subd. 2. If the amount determined under subd. 2. exceeds $500,000, the secretary of administration shall transfer $500,000 in the calendar year in which the determination is made and, subject to the maximum transfer amount of $500,000 per calendar year, shall transfer that excess in the next calendar year or in subsequent calendar years until that excess is transferred in full.

SB21-SSA1,3076c Section 3076c. 103.005 (14m) of the statutes is created to read:

SB21-SSA1,907,25 103.005 (14m) (a) In this subsection, "qualified independent researcher" means a faculty member of a university who satisfies all of the following:

SB21-SSA1,908,3 1. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under s. 119.23.

SB21-SSA1,908,6 2. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under s. 119.23 before the effective date of this subdivision .... [LRB inserts date].

SB21-SSA1,908,14 (b) The department shall, to the extent permitted under federal law, permit a qualified independent researcher to have access to any database maintained by the department for the purpose of cross-matching information contained in any such database with a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under s. 119.23. The department may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the department to provide the information.

SB21-SSA1,3076d Section 3076d. 103.06 (1) (b) 5. of the statutes is amended to read:

SB21-SSA1,908,18 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employee, as defined in s. 104.01 (2).

SB21-SSA1,3076h Section 3076h. 103.06 (1) (c) 5. of the statutes is amended to read:

SB21-SSA1,908,22 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employer, as defined in s. 104.01 (3).

SB21-SSA1,3076p Section 3076p. 103.06 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1,909,3 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages as required under s. 103.457.

SB21-SSA1,3076t Section 3076t. 103.06 (4) (a) 1. of the statutes is amended to read:

SB21-SSA1,909,11 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment and examine and copy any records that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records, records of wage withholdings, records of work activity and hours of work, and records or indicia of the employment status of persons performing work for the employer; and any other records relating to compliance with the requirements specified in sub. (3) (a).

SB21-SSA1,3078am Section 3078am. 103.67 (2) (fm) 3. of the statutes is amended to read:

SB21-SSA1,909,14 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1,3078b Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:

SB21-SSA1,909,17 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1,3078bg Section 3078bg. 103.85 (2) (g) of the statutes is created to read:

SB21-SSA1,909,20 103.85 (2) (g) An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.

SB21-SSA1,3078bm Section 3078bm. 104.001 (1) of the statutes is amended to read:

SB21-SSA1,910,3 104.001 (1) The legislature finds that the provision of a living minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a living minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a living minimum wage that is uniform throughout the state.

SB21-SSA1,3078c Section 3078c. 104.001 (2) of the statutes is amended to read:

SB21-SSA1,910,7 104.001 (2) A city, village, town, or county may not enact and administer an ordinance establishing a living minimum wage. Any city, village, town, or county living minimum wage ordinance that is in effect on June 16, 2005, is void.

SB21-SSA1,3078cm Section 3078cm. 104.01 (intro.) of the statutes is amended to read:

SB21-SSA1,910,10 104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

SB21-SSA1,3078d Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).

SB21-SSA1,3078dm Section 3078dm. 104.01 (1d) of the statutes is created to read:

SB21-SSA1,910,14 104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).

SB21-SSA1,3078e Section 3078e. 104.01 (5) of the statutes is repealed.

SB21-SSA1,3078em Section 3078em. 104.01 (5g) of the statutes is created to read:

SB21-SSA1,910,17 104.01 (5g) "Minor employee" means an employee who is under 18 years of age.

SB21-SSA1,3078f Section 3078f. 104.01 (5m) of the statutes is created to read:

SB21-SSA1,910,20 104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.

SB21-SSA1,3078fm Section 3078fm. 104.01 (7m) of the statutes is created to read:

SB21-SSA1,910,24 104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.

SB21-SSA1,3078g Section 3078g. 104.01 (8) of the statutes is amended to read:

SB21-SSA1,911,2 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

SB21-SSA1,3078gm Section 3078gm. 104.02 and 104.03 of the statutes are consolidated, renumbered 104.02 and amended to read:

SB21-SSA1,911,12 104.02 Living Minimum wage prescribed: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living the applicable minimum wage established under s. 104.035. 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).

SB21-SSA1,3078h Section 3078h. 104.035 of the statutes is created to read:

SB21-SSA1,911,15 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.

SB21-SSA1,911,20 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,911,21 1. For lodging, $58 per week or $8.30 per day.

SB21-SSA1,911,22 2. For meals, $87 per week or $4.15 per meal.

SB21-SSA1,911,24 (2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour.

SB21-SSA1,912,5 (b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,912,6 1. For lodging, $58 per week or $8.30 per day.

SB21-SSA1,912,7 2. For meals, $87 per week or $4.15 per meal.

SB21-SSA1,912,9 (2m) Opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.

SB21-SSA1,912,13 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,912,14 1. For lodging, $47.20 per week or $6.75 per day.

SB21-SSA1,912,15 2. For meals, $70.80 per week or $3.35 per meal.

SB21-SSA1,912,21 (3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:

SB21-SSA1,912,23 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

SB21-SSA1,912,25 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

SB21-SSA1,913,4 (b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.

SB21-SSA1,913,6 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.

SB21-SSA1,913,10 (b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

SB21-SSA1,913,11 1. For lodging, $58 per week or $8.30 per day.

SB21-SSA1,913,12 2. For meals, $87 per week or $4.15 per meal.

SB21-SSA1,913,16 (5) Camp counselors. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.

SB21-SSA1,913,18 (6) Golf caddies. The minimum wage for a golf caddy is $10.50 for caddying 18 holes and $5.90 for caddying 9 holes.

SB21-SSA1,913,20 (7) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

SB21-SSA1,913,22 (a) An employee or worker with a disability covered under a license under s. 104.07.

SB21-SSA1,913,23 (b) A student learner.

SB21-SSA1,913,25 (c) A student employed by an independent college or university for less than 20 hours per week.

SB21-SSA1,914,3 (8) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following:

SB21-SSA1,914,5 (a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

SB21-SSA1,914,9 (b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer.

SB21-SSA1,914,11 (c) An elementary or secondary school student performing student work-like activities in the student's school.

SB21-SSA1,914,12 (9) Gender-specific minimum wage prohibited.

SB21-SSA1,3078hm Section 3078hm. 104.04 (title) of the statutes is repealed.

SB21-SSA1,3078i Section 3078i. 104.04 of the statutes is renumbered 104.035 (9) and amended to read:

SB21-SSA1,915,2 104.035 (9) The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living wage, and shall carry out the purposes of this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of this chapter. In determining the living wage, the department may consider the effect that an increase in the living wage might have on the economy of the state, including the effect of a living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

SB21-SSA1,3078im Section 3078im. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB21-SSA1,915,7 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

SB21-SSA1,915,9 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.