Amendment SSA1-SB21

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SB21-SSA1,3078hm Section 3078hm. 104.04 (title) of the statutes is repealed.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

SB21-SSA1,3078j Section 3078j. 104.045 (2) and (3) of the statutes are created to read:

SB21-SSA1,915,12 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

SB21-SSA1,915,14 (3) The determination of hours worked by an employee during which the employee is entitled to the minimum wage established under s. 104.035.

SB21-SSA1,3078jm Section 3078jm. 104.05 of the statutes is repealed.

SB21-SSA1,3078ke Section 3078ke. 104.06 of the statutes is repealed.

SB21-SSA1,3078km Section 3078km. 104.07 (1) and (2) of the statutes are amended to read:

SB21-SSA1,915,24 104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that for whom the minimum wage established under s. 104.035 is not commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee any such employees of the licensee.

SB21-SSA1,916,6 (2) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops workshop, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.

SB21-SSA1,3078ks Section 3078ks. 104.08 (2m) of the statutes is amended to read:

SB21-SSA1,916,10 104.08 (2m) Any person working in a trade industry for which a living minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01.

SB21-SSA1,3078L Section 3078L. 104.10 of the statutes is amended to read:

SB21-SSA1,916,18 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates, or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.

SB21-SSA1,3078Lm Section 3078Lm. 104.11 of the statutes is repealed.

SB21-SSA1,3078m Section 3078m. 104.12 of the statutes is amended to read:

SB21-SSA1,917,2 104.12 Complaints. Any person may register with the department a complaint that the wages paid to an employee for whom a living minimum wage has been established under s. 104.035 are less than that living minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a that minimum wage that is not less than the living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB21-SSA1,3081d Section 3081d. 106.13 (1) of the statutes is amended to read:

SB21-SSA1,917,5 106.13 (1) The department shall provide a youth apprenticeship program that includes the grant programs under subs. (3m) and (4) program under sub. (3m).

SB21-SSA1,3082 Section 3082. 106.13 (3m) (a) of the statutes is renumbered 106.13 (3m) (a) (intro.) and amended to read:

SB21-SSA1,917,8 106.13 (3m) (a) (intro.) In this subsection, " local partnership":

SB21-SSA1,917,13 1. "Local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in sub. (4) (a) 2., nonprofit organizations, as defined in sub. (4) (a) 1r., individuals, or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.

SB21-SSA1,3083 Section 3083. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,917,25 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e) (b), the department shall may award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB21-SSA1,3084 Section 3084. 106.13 (4) (a) (intro.) of the statutes is repealed.

SB21-SSA1,3085 Section 3085. 106.13 (4) (a) 1d. of the statutes is repealed.

SB21-SSA1,3086 Section 3086. 106.13 (4) (a) 1r. of the statutes is renumbered 106.13 (3m) (a) 1r.

SB21-SSA1,3087 Section 3087. 106.13 (4) (a) 2. of the statutes is renumbered 106.13 (3m) (a) 2.

SB21-SSA1,3088 Section 3088. 106.13 (4) (b) of the statutes is repealed.

SB21-SSA1,3089 Section 3089. 106.13 (4) (c) of the statutes is repealed.

SB21-SSA1,3090 Section 3090. 106.13 (4) (d) of the statutes is repealed.

SB21-SSA1,3097 Section 3097. 106.32 (title) of the statutes is renumbered 45.435 (title).

SB21-SSA1,3098 Section 3098. 106.32 (1) (intro.) of the statutes is renumbered 45.435 (1) (intro.).

SB21-SSA1,3099 Section 3099. 106.32 (1) (a) of the statutes is renumbered 45.435 (1) (a) and amended to read:

SB21-SSA1,918,17 45.435 (1) (a) "Disabled veteran" means a veteran who is verified by the department of veterans affairs to have a service-connected disability rating of at least 50 percent under 38 USC 1114 or 1134.

SB21-SSA1,3100 Section 3100. 106.32 (1) (b) and (c) of the statutes are renumbered 45.435 (1) (b) and (c).

SB21-SSA1,3101 Section 3101. 106.32 (1) (d) of the statutes is repealed.

SB21-SSA1,3102 Section 3102. 106.32 (2) of the statutes is renumbered 45.435 (2), and 45.435 (2) (a) (intro.), as renumbered, is amended to read:

SB21-SSA1,919,2 45.435 (2) (a) (intro.) Beginning on July 2, 2013, from From the appropriation account under s. 20.445 (1) 20.485 (2) (q), the department shall award a grant in any of the following amounts to any person who hires a disabled veteran to work at a business in this state:

SB21-SSA1,3103 Section 3103. 106.32 (3) of the statutes is renumbered 45.435 (3), and 45.435 (3) (b), as renumbered, is amended to read:

SB21-SSA1,919,9 45.435 (3) (b) The department shall pay a grant under this section only for hiring a disabled veteran who has received unemployment compensation insurance benefits for at least one week prior to being hired by the applicant, who was receiving such benefits at the time that he or she was hired by the applicant, and who was eligible to receive such benefits at the time the benefits were paid.

SB21-SSA1,3104e Section 3104e. 106.36 of the statutes is created to read:

SB21-SSA1,919,12 106.36 Offender reentry initiative. (1) In this section, "offender" has the meaning given in 29 USC 3102 (38).

SB21-SSA1,919,16 (2) The department shall align its workforce development activities under the federal Workforce Innovation and Opportunity Act, 29 USC 3101 to 3361, with the department of corrections' initiatives to reintegrate offenders into the community by doing all of the following:

SB21-SSA1,919,19 (a) Training staff of the department of corrections in the use of assessment tools to assess the educational and vocational needs and skills of offenders who are incarcerated.

SB21-SSA1,919,23 (b) Providing in its guidelines for the development of local plans under 29 USC 3123 a specific requirement that local workforce development boards established under 29 USC 3122 outline in their local plans how they will work with local and statewide offender reentry initiatives supported by the department of corrections.

SB21-SSA1,920,4 (c) Appointing a representative of the department of corrections to serve on any subcommittee of the state workforce development board established under 29 USC 3111 that is responsible for the planning and operation of, and other issues relating to, the state workforce development system to ensure that workforce development programs made available through that system provide workforce development activities serving offenders.

SB21-SSA1,920,8 (d) Integrating offender reentry initiatives supported by the department of corrections with the job center network under s. 106.14 (1) to ensure that offenders are aware of the comprehensive career planning, job placement, job training, and other resources available to them through the job center network.

SB21-SSA1,3105 Section 3105. 106.52 (1) (d) 1. of the statutes is amended to read:

SB21-SSA1,920,11 106.52 (1) (d) 1. A bed and breakfast establishment, as defined in s. 254.61 (1) 97.01 (1g).

SB21-SSA1,3106 Section 3106. 106.52 (1) (d) 2. of the statutes is amended to read:

SB21-SSA1,920,13 106.52 (1) (d) 2. A hotel, as defined in s. 254.61 (3) 97.01 (7).

SB21-SSA1,3107 Section 3107. 106.52 (1) (d) 3. of the statutes is amended to read:

SB21-SSA1,920,15 106.52 (1) (d) 3. A tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21-SSA1,3110 Section 3110. 108.02 (24g) of the statutes is created to read:

SB21-SSA1,920,18 108.02 (24g) Suitable work. "Suitable work" has the meaning specified by the department by rule under s. 108.14 (27).

SB21-SSA1,3111 Section 3111. 108.04 (8) (a) of the statutes is amended to read:

SB21-SSA1,921,9 108.04 (8) (a) If Except as provided in par. (b), if an employee fails, without good cause, to accept suitable work when offered, the employee is ineligible to receive benefits until the employee earns wages after the week in which the failure occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The Except as provided in par. (b), the department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.

SB21-SSA1,3112 Section 3112. 108.04 (8) (b) of the statutes is created to read:

SB21-SSA1,922,9 108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the department determines, based on a report submitted by an employing unit in accordance with s. 108.133 (4), that the employing unit required, as a condition of an offer of employment, that the employee submit to a test for the presence of controlled substances and withdrew the conditional offer after the employee either declined to submit to such a test or tested positive for one or more controlled substances without evidence of a valid prescription for each controlled substance for which the employee tested positive. In the case of the employee declining to submit to such a test, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph. In the case of the employee testing positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph, except that the employee may maintain his or her eligibility for benefits in same manner as is provided in s. 108.133 (3) (d). The department shall promulgate rules identifying a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an employee who becomes ineligible for benefits as provided in this paragraph to again qualify for benefits and specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work as described in this paragraph.

SB21-SSA1,3113 Section 3113. 108.04 (11) (bh) of the statutes is amended to read:

SB21-SSA1,922,15 108.04 (11) (bh) In addition to ineligibility for benefits resulting from concealment as provided in par. (be), the department shall assess a penalty against the claimant in an amount equal to 15 40 percent of the benefit payments erroneously paid to the claimant as a result of one or more acts of concealment described in pars. (a) and (b).

SB21-SSA1,3115 Section 3115. 108.133 of the statutes is created to read:

SB21-SSA1,922,18 108.133 Testing for controlled substances. (1) Definitions. In this section:

SB21-SSA1,922,20 (a) Notwithstanding s. 108.02 (9), "controlled substance" has the meaning given in 21 USC 802.

SB21-SSA1,922,22 (b) "Job skills assessment" means an assessment conducted by the department under sub. (2) (d).

SB21-SSA1,922,25 (c) "Occupation that regularly conducts drug testing" means an occupation identified in the regulations issued by the federal secretary of labor under 42 USC 503 (l) (1) (A) (ii).

SB21-SSA1,923,2 (d) "Screening" means the screening process created by the department under sub. (2) (a) 3.

SB21-SSA1,923,4 (e) "Substance abuse treatment program" means the program provided under sub. (2) (c).

SB21-SSA1,923,6 (f) "Valid prescription" means a prescription, as defined in s. 450.01 (19), for a controlled substance that has not expired.

SB21-SSA1,923,10 (2) Drug testing program. The department shall establish a program to test claimants who apply for regular benefits under this chapter for the presence of controlled substances in accordance with this section and shall, under the program, do all of the following:

SB21-SSA1,923,12 (a) Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:

SB21-SSA1,923,15 1. Identify a process for testing claimants for the presence of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing.