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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.
SB21-SSA1,3078f 18Section 3078f. 104.01 (5m) of the statutes is created to read:
SB21-SSA1,910,2019 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
20is in the first 90 consecutive days of employment with his or her employer.
SB21-SSA1,3078fm 21Section 3078fm. 104.01 (7m) of the statutes is created to read:
SB21-SSA1,910,2422 104.01 (7m) "Tipped employee" means an employee who in the course of
23employment customarily and regularly receives money or other gratuities from
24persons other than the employee's employer.
SB21-SSA1,3078g 25Section 3078g. 104.01 (8) of the statutes is amended to read:
SB21-SSA1,911,2
1104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
2means
any compensation for labor measured by time, piece, or otherwise.
SB21-SSA1,3078gm 3Section 3078gm. 104.02 and 104.03 of the statutes are consolidated,
4renumbered 104.02 and amended to read:
SB21-SSA1,911,12 5104.02 Living Minimum wage prescribed: requirement to pay. Every
6wage paid or agreed to be paid by any employer to any employee, except as otherwise
7provided in s. 104.07, shall be not less than a living the applicable minimum wage
8established under s. 104.035. 104.03 Unlawful wages. Any employer paying,
9offering to pay, or agreeing to pay any employee a wage lower or less in value than
10 a living the applicable minimum wage established under s. 104.035 is guilty of a
11violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties
12provided in s. 103.005 (12)
.
SB21-SSA1,3078h 13Section 3078h. 104.035 of the statutes is created to read:
SB21-SSA1,911,15 14104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
15Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.
SB21-SSA1,911,2016 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m)
17(b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with
18meals or lodging in accordance with rules promulgated by the department under s.
19104.045 (2), the employer may deduct the following amounts from the wages of the
20employee:
SB21-SSA1,911,2121 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,911,2222 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,911,24 23(2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m)
24to (8), the minimum wage for a minor employee is $7.25 per hour.
SB21-SSA1,912,5
1(b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and
2(4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with
3meals or lodging in accordance with rules promulgated by the department under s.
4104.045 (2), the employer may deduct the following amounts from the wages of the
5employee:
SB21-SSA1,912,66 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,912,77 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,912,9 8(2m) Opportunity employees. (a) Minimum rates. Except as provided in subs.
9(3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.
SB21-SSA1,912,1310 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and
11subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals
12or lodging in accordance with rules promulgated by the department under s. 104.045
13(2), the employer may deduct the following amounts from the wages of the employee:
SB21-SSA1,912,1414 1. For lodging, $47.20 per week or $6.75 per day.
SB21-SSA1,912,1515 2. For meals, $70.80 per week or $3.35 per meal.
SB21-SSA1,912,21 16(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
17(8), if an employer of a tipped employee establishes by the employer's payroll records
18that, when adding the tips received by the tipped employee in a week to the wages
19paid to the tipped employee in that week, the tipped employee receives not less than
20the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage
21for the tipped employee is as follows:
SB21-SSA1,912,2322 1. For wages earned by a tipped employee who is not an opportunity employee,
23$2.33 per hour.
SB21-SSA1,912,2524 2. For wages earned by a tipped employee who is an opportunity employee,
25$2.13 per hour.
SB21-SSA1,913,4
1(b) Allowances for meals and lodging. If an employer furnishes a tipped
2employee with meals or lodging in accordance with rules promulgated by the
3department under s. 104.045 (2), the employer may deduct the applicable amounts
4specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.
SB21-SSA1,913,6 5(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
6(7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.
SB21-SSA1,913,107 (b) Allowances for meals and lodging. If an employer furnishes an agricultural
8employee with meals or lodging in accordance with rules promulgated by the
9department under s. 104.045 (2), the employer may deduct the following amounts
10from the wages of the employee:
SB21-SSA1,913,1111 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,913,1212 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,913,16 13(5) Camp counselors. The minimum wage for a counselor at a seasonal
14recreational or educational camp, including a day camp, is $350 per week if meals
15and lodging are not furnished, $265 per week if only meals are furnished, and $210
16per week if both meals and lodging are furnished.
SB21-SSA1,913,18 17(6) Golf caddies. The minimum wage for a golf caddy is $10.50 for caddying
1818 holes and $5.90 for caddying 9 holes.
SB21-SSA1,913,20 19(7) Minimum wage established by department. The department shall
20promulgate rules providing the minimum wage for all of the following:
SB21-SSA1,913,2221 (a) An employee or worker with a disability covered under a license under s.
22104.07.
SB21-SSA1,913,2323 (b) A student learner.
SB21-SSA1,913,2524 (c) A student employed by an independent college or university for less than
2520 hours per week.
SB21-SSA1,914,3
1(8) Employment exempted by department. The department shall promulgate
2rules exempting from the minimum wage requirements under subs. (1) to (7) all of
3the following:
SB21-SSA1,914,54 (a) A person engaged in casual employment in and around an employer's home
5on an irregular or intermittent basis for not more than 15 hours per week.
SB21-SSA1,914,96 (b) A person who resides in the home of an employer who, due to advanced age
7or physical or mental disability, cannot care for his or her own needs, for the purpose
8of companionship and who spends not more than 15 hours per week on general
9household work for the employer.
SB21-SSA1,914,1110 (c) An elementary or secondary school student performing student work-like
11activities in the student's school.
SB21-SSA1,914,12 12(9) Gender-specific minimum wage prohibited.
SB21-SSA1,3078hm 13Section 3078hm. 104.04 (title) of the statutes is repealed.
SB21-SSA1,3078i 14Section 3078i. 104.04 of the statutes is renumbered 104.035 (9) and amended
15to read:
SB21-SSA1,915,216 104.035 (9) The department shall investigate, ascertain, determine, and fix
17such reasonable classifications, and shall impose general or special orders,
18determining the living wage, and shall carry out the purposes of this chapter. Such
19investigations, classifications, and orders shall be made as provided under s.
20103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
21for any violation of this chapter. In determining the living wage, the department may
22consider the effect that an increase in the living wage might have on the economy of
23the state, including the effect of a living wage increase on job creation, retention, and
24expansion, on the availability of entry-level jobs, and on regional economic
25conditions within the state.
The department may not establish a different minimum

1wage for men and women. Said orders shall be subject to review in the manner
2provided in ch. 227.
SB21-SSA1,3078im 3Section 3078im. 104.045 of the statutes is renumbered 104.045 (intro.) and
4amended to read:
SB21-SSA1,915,7 5104.045 Tipped employees Tips, meals, lodging, and hours worked.
6(intro.) The department shall by rule determine what amount of promulgate rules
7governing all of the following:
SB21-SSA1,915,9 8(1) The counting of tips or similar gratuities may be counted toward fulfillment
9of the employer's obligation under this chapter.
SB21-SSA1,3078j 10Section 3078j. 104.045 (2) and (3) of the statutes are created to read:
SB21-SSA1,915,1211 104.045 (2) The deduction of meals or lodging provided by an employer to an
12employee from the employer's obligation under this chapter.
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