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LRBb0836/1
MED&GMM:all
2015 - 2016 LEGISLATURE
SENATE AMENDMENT 46,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators Wirch and Lassa.
SB21-SSA1-SA46,1,11 At the locations indicated, amend the substitute amendment as follows:
SB21-SSA1-SA46,1,3 21. Page 444, line 23: delete the material beginning with that line and ending
3with page 445, line 23.
SB21-SSA1-SA46,1,4 42. Page 517, line 10: delete lines 10 to 13.
SB21-SSA1-SA46,1,6 53. Page 841, line 12: delete the material beginning with that line and ending
6with page 842, line 2.
SB21-SSA1-SA46,1,8 74. Page 843, line 18: delete the material beginning with that line and ending
8with page 880, line 23 and substitute:
SB21-SSA1-SA46,1,9 9" Section 2768f. 102.14 (2) of the statutes is amended to read:
SB21-SSA1-SA46,2,710 102.14 (2) The council on worker's compensation shall advise the department
11in carrying out the purposes of this chapter. Such council shall submit its

1recommendations with respect to amendments to this chapter to each regular
2session of the legislature and shall report its views upon any pending bill relating to
3this chapter to the proper legislative committee as provided in sub. (3). At the
4request of the chairpersons of the senate and assembly committees on labor, the
5department shall schedule a meeting of the council with the members of the senate
6and assembly committees on labor to review and discuss matters of legislative
7concern arising under this chapter.
SB21-SSA1-SA46,2768h 8Section 2768h. 102.14 (3) of the statutes is created to read:
SB21-SSA1-SA46,2,159 102.14 (3) The council on worker's compensation shall review and report its
10views on any bill relating to this chapter to the proper legislative committee before
11any public hearing on the bill is held before any standing committee or, if no public
12hearing is held, before any vote is taken on the bill by any standing committee or, if
13the bill is not referred to a standing committee, before any vote is taken on the bill
14by either house of the legislature. The council shall submit its report by no later than
15the 30th day after the date of introduction of the bill.".
SB21-SSA1-SA46,2,17 165. Page 881, line 8: delete the material beginning with that line and ending
17with page 889, line 14.
SB21-SSA1-SA46,2,19 186. Page 891, line 24: delete the material beginning with that line and ending
19with page 898, line 23.
SB21-SSA1-SA46,2,21 207. Page 899, line 20: delete the material beginning with that line and ending
21with page 903, line 11.
SB21-SSA1-SA46,2,23 228. Page 903, line 25: delete the material beginning with that line and ending
23with page 905, line 5.
SB21-SSA1-SA46,3,2
19. Page 908, line 15: delete the material beginning with that line and ending
2with page 909, line 17.
SB21-SSA1-SA46,3,4 310. Page 909, line 21: delete the material beginning with that line and ending
4with page 917, line 2.
SB21-SSA1-SA46,3,5 511. Page 1170, line 6: delete lines 6 to 14.
SB21-SSA1-SA46,3,7 612. Page 1170, line 25: delete the material beginning with that line and
7ending with page 1171, line 4.
SB21-SSA1-SA46,3,8 813. Page 1171, line 10: delete lines 10 to 13.
SB21-SSA1-SA46,3,9 914. Page 1221, line 7: delete lines 7 to 18.
SB21-SSA1-SA46,3,11 1015. Page 1359, line 5: delete the material beginning with that line and ending
11with page 1360, line 4.
SB21-SSA1-SA46,3,12 1216. Page 1367, line 7: delete lines 7 to 24.
SB21-SSA1-SA46,3,14 1317. Page 1533, line 7: delete the material beginning with that line and ending
14with page 1535, line 16.
SB21-SSA1-SA46,3,16 1518. Page 1569, line 10: delete the material beginning with that line and
16ending with page 1570, line 2.
SB21-SSA1-SA46,3,17 1719. Page 1570, line 7: delete lines 7 to 15.
SB21-SSA1-SA46,3,18 1820. At the appropriate places, insert all of the following:
SB21-SSA1-SA46,3,19 19" Section 1. 49.141 (1) (g) of the statutes is amended to read:
SB21-SSA1-SA46,3,2220 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
21ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
22whichever is applicable.
SB21-SSA1-SA46,2
1Section 2. 103.02 of the statutes is renumbered 103.02 (1) and amended to
2read:
SB21-SSA1-SA46,4,63 103.02 (1) No person may be employed or be permitted to work in any place of
4employment or at any employment for such any period of time during any day, night,
5or week, as that is dangerous or prejudicial to the person's life, health, safety, or
6welfare.
SB21-SSA1-SA46,4,19 7(2) The department shall investigate, ascertain, determine, and fix such
8reasonable classification, classifications, issue general or special orders, and
9promulgate rules fixing a period of time, or hours of beginning and ending work
10during any day, night, or week, which shall that may be necessary to protect the life,
11health, safety, or welfare of any person, or to carry out the purposes of ss. 103.01 to
12103.03. The department shall, by rule, classify such periods of time into periods to
13be paid for at regular rates and periods to be paid for at the rate of at least one and
14one-half
1.5 times the regular rates. Such investigations, classifications, rules, and
15orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12)
16shall apply to and be imposed for any violation of ss. 103.01 to 103.03
. Such orders
17shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m)
18applies to discharge or other discriminatory acts arising in connection with any
19proceeding under this section.
SB21-SSA1-SA46,3 20Section 3. 103.02 (3) of the statutes is created to read:
SB21-SSA1-SA46,4,2321 103.02 (3) The employment of any person in any employment or place of
22employment at any time other than the permissible hours of labor under this section
23shall be prima facie evidence of a violation of this section.
SB21-SSA1-SA46,4 24Section 4. 103.023 of the statutes is created to read:
SB21-SSA1-SA46,5,2
1103.023 Hours of labor; exempt employees. (1) Definitions. In this
2section:
SB21-SSA1-SA46,5,53 (a) "Compensated on a salary basis" means to receive regularly each pay period
4a predetermined amount constituting all or part of the employee's compensation,
5which amount is not subject to reduction because of any of the following:
SB21-SSA1-SA46,5,66 1. Variations in the quality or quantity of the work performed.
SB21-SSA1-SA46,5,87 2. Absences from work occasioned by the employer or by the operating
8requirements of the employer's business.
SB21-SSA1-SA46,5,109 3. The fact that work is not available, so long as the employee is ready, willing,
10and able to work.
SB21-SSA1-SA46,5,1711 (b) "Employee employed in a bona fide administrative capacity" means an
12employee who is compensated on a salary basis at a rate of not less than the rate
13determined under sub. (3), exclusive of board, lodging, or other facilities, whose
14primary duty is the performance of office or nonmanual work directly related to the
15management or general business operations of the employer or of the employer's
16customers, and whose primary duty includes the exercise of discretion and
17independent judgment with respect to matters of significance.
SB21-SSA1-SA46,6,418 (c) "Employee employed in a bona fide executive capacity" means an employee
19who is compensated on a salary basis at a rate of not less than the rate determined
20under sub. (3), exclusive of board, lodging, or other facilities, whose primary duty is
21management of the enterprise in which he or she is employed or a department or
22subdivision of that enterprise, who customarily and regularly directs the work of two
23or more other employees, and who has the authority to hire and fire other employees
24or whose suggestions and recommendations as to the hiring, firing, advancement,
25promotion, or any other change in status of other employees are given particular

1weight. In this paragraph, "customarily and regularly directs" means to direct with
2a frequency that is greater than occasional, but not necessarily constant, including
3direction that is normally and recurrently performed every work week, but not
4including isolated or one-time direction.
SB21-SSA1-SA46,6,115 (d) "Employee employed in a bona fide professional capacity" means an
6employee who is compensated on a salary or fee basis at a rate of not less than the
7rate determined under sub. (3), exclusive of board, lodging, or other facilities and
8whose primary duty is the performance of work requiring knowledge of an advanced
9type in a field of science or learning customarily acquired by a prolonged course of
10specialized intellectual instruction or requiring invention, imagination, originality,
11or talent in a recognized field of artistic or creative endeavor.
SB21-SSA1-SA46,6,1312 (e) "Exempt employee" means an employee employed in a bona fide
13administrative, executive, or professional capacity.
SB21-SSA1-SA46,6,1714 (f) "Primary duty" means the principal, main, major, or most important duty
15that an employee performs as determined on the basis of all the factors in a particular
16case, with the major emphasis on the character of the employee's job as a whole,
17including all of the following factors:
SB21-SSA1-SA46,6,1918 1. The relative importance of the employee's duties as an exempt employee as
19compared to other types of duties.
SB21-SSA1-SA46,6,2120 2. The amount of time spent by the employee performing the duties of an
21exempt employee.
SB21-SSA1-SA46,6,2222 3. The employee's relative freedom from direct supervision.
SB21-SSA1-SA46,6,2523 4. The relationship between the employee's salary and the wages paid to other
24employees for the kind of work, other than the work of an exempt employee,
25performed by the employee.
SB21-SSA1-SA46,7,5
1(2) Exempt employees. In promulgating rules under s. 103.02 (2) classifying
2periods of time into periods to be paid for at regular rates and periods to be paid for
3at a rate of at least 1.5 times the regular rates, the department shall exempt from
4the application of those rules employees employed in a bona fide administrative,
5executive, or professional capacity.
SB21-SSA1-SA46,7,17 6(3) Pay rate determination. (a) For the purpose of sub. (1) (b), (c), and (d), the
7rate of compensation shall be $970 per week until the first day of the 18th month
8beginning after the effective date of this paragraph .... [LRB inserts date]. By the
9first day of the 18th month beginning after the effective date of this paragraph ....
10[LRB inserts date], and annually thereafter, the department shall, subject to par. (c),
11promulgate rules to revise that rate. The department shall revise the rate of
12compensation by calculating the percentage difference between the consumer price
13index for the 12-month period ending on the last day of the last month for which that
14information is available and the consumer price index for the 12-month period
15ending on the last day of the month 12 months prior to that month, adjusting the rate
16then in effect by that percentage difference, and rounding that result to the nearest
17multiple of 5 cents.
SB21-SSA1-SA46,7,2518 (b) The department may use the emergency rule procedures under s. 227.24 to
19promulgate the rules required under par. (a). Notwithstanding s. 227.24 (1) (a) and
20(3), the department may promulgate those rules as emergency rules without
21providing evidence that promulgating those rules as emergency rules is necessary
22to preserve the public peace, health, safety, or welfare and without a finding of
23emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
24required to prepare a statement of the scope of those rules or to submit those rules
25in final draft form to the governor for approval.
SB21-SSA1-SA46,8,4
1(c) Paragraph (a) does not apply if the consumer price index for the 12-month
2period ending on the last day of the last month for which that information is available
3has not increased over the consumer price index for the 12-month period ending on
4the last day of the month 12 months prior to that month.
SB21-SSA1-SA46,5 5Section 5. 103.03 of the statutes is amended to read:
SB21-SSA1-SA46,8,15 6103.03 Violations; penalty. The employment of any person in any
7employment or place of employment at any time other than the permissible hours of
8labor shall be prima facie evidence of a violation of this section
Any employer that
9violates s. 103.02 or 103.023 is subject to the penalties under s. 103.005 (12)
. Every
10day for each person employed, and every week for each person employed, during
11which any employer fails to observe or to comply with any order of the department,
12or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or
13103.023
, shall constitute a separate offense. Section 111.322 (2m) applies to
14discharge or other discriminatory acts arising in connection with any proceeding
15under s. 103.02 or 103.023.
SB21-SSA1-SA46,6 16Section 6. 103.06 (1) (b) 5. of the statutes is amended to read:
SB21-SSA1-SA46,8,1917 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as
18required under rules promulgated under s. 104.04 104.035, an employee, as defined
19in s. 104.01 (2).
SB21-SSA1-SA46,7 20Section 7. 103.06 (1) (c) 5. of the statutes is amended to read:
SB21-SSA1-SA46,8,2321 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as
22required under rules promulgated under s. 104.04 104.035, an employer, as defined
23in s. 104.01 (3).
SB21-SSA1-SA46,8 24Section 8. 103.06 (3) (a) 4. of the statutes is amended to read:
SB21-SSA1-SA46,9,5
1103.06 (3) (a) 4. That the employer is maintaining records of the hours worked
2by its employees, the wages paid to those employees, any deductions from those
3wages, and any other information that the employer is required to keep under rules
4promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages
5as required under s. 103.457.
SB21-SSA1-SA46,9 6Section 9. 103.06 (4) (a) 1. of the statutes is amended to read:
SB21-SSA1-SA46,9,137 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment
8and examine and copy any records that the employer is required to keep under rules
9promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records,
10records of wage withholdings, records of work activity and hours of work, and records
11or indicia of the employment status of persons performing work for the employer; and
12any other records relating to compliance with the requirements specified in sub. (3)
13(a).
SB21-SSA1-SA46,10 14Section 10. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB21-SSA1-SA46,9,1615 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
16104
s. 104.035 or under federal law, whichever is greater, for the work.
SB21-SSA1-SA46,11 17Section 11. 103.70 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1-SA46,9,1918 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under
19 ch. 104
s. 104.035 or under federal law, whichever is greater, for the work.
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