Amendment AA3-AB14

LRBa0110/1

GMM:jld:jf

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2009 ASSEMBLY BILL 14

March 16, 2009 - Offered by Representative Zipperer.

AB14-AA3,1,1 At the locations indicated, amend the bill as follows:

AB14-AA3,1,2 1. Page 26, line 14: after that line insert:

AB14-AA3,1,5 "(am) This section does not apply to the employment of 2 or more individuals who are traveling together for the purpose of selling goods or services if all of the following apply:

AB14-AA3,1,7 1. The individuals are permanent employees of the employer for whom the individuals are selling goods or services.

AB14-AA3,1,10 2. Sales activities that require the individuals to be absent overnight from their permanent places of residence constitute no more than 20 percent of the job duties that the individuals perform for the employer on an annual basis.

AB14-AA3,1,13 3. The employer covers the individuals for worker's compensation benefits while the individuals are engaged in sales activities in this state as required under s. 102.28 (2) or under the law of any other state.

AB14-AA3,2,7 4. The employer has conducted preemployment background investigations of the individuals, and of all employees, agents, or representatives of the employer who supervise or transport the individuals for purpose of the sales activities specified in subd. 2., that is at least as extensive as the background investigation required under sub. (3) (b) for persons who supervise or transport traveling sales crew workers, and the individuals, employees, agents, and representatives have not been convicted of a disqualifying offense within the 5 years preceding the date of employment.

AB14-AA3,2,10 5. The employer provides proof of financial responsibility in the same manner that an employer of a traveling sales crew worker is required to provide that proof under sub. (4).

AB14-AA3,2,12 6. The individuals are paid in the same manner that an employer of a traveling sales crew worker is required to pay such a worker under sub. (6) (a).

AB14-AA3,2,16 7. Any vehicle provided by the employer to transport the individuals for the purpose of the sales activities specified in subd. 2. is maintained and operated in the same manner that a motor vehicle used to transport traveling sales crew workers is required to be maintained and operated under sub. (7) (a).

AB14-AA3,2,19 8. The employer has in force insurance coverage that is at least as comprehensive as the insurance coverage that an employer of a traveling sales crew worker is required to have in force under sub. (8).

AB14-AA3,2,22 9. The employer files an affidavit with the department, in a form and manner prescribed by the department, together with any other information required by the department, showing compliance with subds. 1. to 8.".

AB14-AA3,2,23 (End)