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LRBa0077/1
MED&GMM:eev&kjf:jm
2015 - 2016 LEGISLATURE
SENATE AMENDMENT 4,
TO SENATE BILL 44
February 25, 2015 - Offered by Senators Wirch, Shilling, Risser, Erpenbach,
Miller, Vinehout, Ringhand, Harris Dodd, C. Larson, L. Taylor, Carpenter,
Hansen and Lassa.
SB44-SA4,1,11 At the locations indicated, amend the bill as follows:
SB44-SA4,1,5 21. Page 1, line 5: after "to a labor organization" insert ", a state minimum wage,
3extending the time limit for emergency rule procedures, providing an exemption
4from emergency rule procedures, providing an exemption from rule-making
5procedures, requiring the exercise of rule-making authority,".
SB44-SA4,1,6 62. Page 1, line 7: before that line insert:
SB44-SA4,1,7 7" Section 1ag. 49.141 (1) (g) of the statutes is amended to read:
SB44-SA4,1,108 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
9ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
10whichever is applicable.
SB44-SA4,1am 11Section 1am. 103.06 (1) (b) 5. of the statutes is amended to read:
SB44-SA4,2,3
1103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as
2required under rules promulgated under s. 104.04 104.035, an employee, as defined
3in s. 104.01 (2).
SB44-SA4,1b 4Section 1b. 103.06 (1) (c) 5. of the statutes is amended to read:
SB44-SA4,2,75 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as
6required under rules promulgated under s. 104.04 104.035, an employer, as defined
7in s. 104.01 (3).
SB44-SA4,1bm 8Section 1bm. 103.06 (3) (a) 4. of the statutes is amended to read:
SB44-SA4,2,139 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked
10by its employees, the wages paid to those employees, any deductions from those
11wages, and any other information that the employer is required to keep under rules
12promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages
13as required under s. 103.457.
SB44-SA4,1c 14Section 1c. 103.06 (4) (a) 1. of the statutes is amended to read:
SB44-SA4,2,2115 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment
16and examine and copy any records that the employer is required to keep under rules
17promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records,
18records of wage withholdings, records of work activity and hours of work, and records
19or indicia of the employment status of persons performing work for the employer; and
20any other records relating to compliance with the requirements specified in sub. (3)
21(a).
SB44-SA4,1cm 22Section 1cm. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB44-SA4,2,2423 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
24104
s. 104.035 or under federal law, whichever is greater, for the work.
SB44-SA4,1d 25Section 1d. 103.70 (2) (b) 3. of the statutes is amended to read:
SB44-SA4,3,2
1103.70 (2) (b) 3. The minor is paid the applicable minimum wage under
2 ch. 104
s. 104.035 or under federal law, whichever is greater, for the work.
SB44-SA4,1dm 3Section 1dm. 104.001 (1) of the statutes is amended to read:
SB44-SA4,3,104 104.001 (1) The legislature finds that the provision of a living minimum wage
5that is uniform throughout the state is a matter of statewide concern and that the
6enactment of a living minimum wage ordinance by a city, village, town, or county
7would be logically inconsistent with, would defeat the purpose of, and would go
8against the spirit of this chapter. Therefore, this chapter shall be construed as an
9enactment of statewide concern for the purpose of providing a living minimum wage
10that is uniform throughout the state.
SB44-SA4,1e 11Section 1e. 104.001 (2) of the statutes is amended to read:
SB44-SA4,3,1412 104.001 (2) A city, village, town, or county may not enact and administer an
13ordinance establishing a living minimum wage. Any city, village, town, or county
14living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB44-SA4,1em 15Section 1em. 104.01 (intro.) of the statutes is amended to read:
SB44-SA4,3,17 16104.01 Definitions. (intro.) The following terms as used in In this chapter
17shall be construed as follows:
SB44-SA4,1f 18Section 1f. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB44-SA4,1fm 19Section 1fm. 104.01 (1d) of the statutes is created to read:
SB44-SA4,3,2120 104.01 (1d) "Agricultural employee" means an employee who is employed in
21the operation of farm premises, as described in s. 102.04 (3).
SB44-SA4,1g 22Section 1g. 104.01 (1g) of the statutes is created to read:
SB44-SA4,4,223 104.01 (1g) "Consumer price index" means the average of the consumer price
24index over each 12-month period for all urban consumers, U.S. city average, all

1items, not seasonally adjusted, as determined by the bureau of labor statistics of the
2U.S. department of labor.
SB44-SA4,1gm 3Section 1gm. 104.01 (5) of the statutes is repealed.
SB44-SA4,1h 4Section 1h. 104.01 (5m) of the statutes is created to read:
SB44-SA4,4,65 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
6is in the first 90 consecutive days of employment with his or her employer.
SB44-SA4,1hm 7Section 1hm. 104.01 (7m) of the statutes is created to read:
SB44-SA4,4,108 104.01 (7m) "Tipped employee" means an employee who in the course of
9employment customarily and regularly receives money or other gratuities from
10persons other than the employee's employer.
SB44-SA4,1i 11Section 1i. 104.01 (8) of the statutes is amended to read:
SB44-SA4,4,1312 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
13means
any compensation for labor measured by time, piece, or otherwise.
SB44-SA4,1im 14Section 1im. 104.02 and 104.03 of the statutes are consolidated, renumbered
15104.02 and amended to read:
SB44-SA4,4,22 16104.02 Living Minimum wage prescribed: requirement to pay. Every
17wage paid or agreed to be paid by any employer to any employee, except as otherwise
18provided in s. 104.07, shall be not less than a living the applicable minimum wage
19established under s. 104.035. 104.03 Unlawful wages. Any employer paying,
20offering to pay, or agreeing to pay any employee a wage lower or less in value than
21 a living the applicable minimum wage established under s. 104.035 is guilty of a
22violation of this chapter.
SB44-SA4,1k 23Section 1k. 104.035 of the statutes is created to read:
SB44-SA4,4,25 24104.035 Minimum wage; established. (1) Employees generally. Except
25as provided in subs. (2) to (4), the minimum wage is as follows:
SB44-SA4,5,2
1(a) For wages earned before the first day of the 15th month beginning after
2publication .... [LRB inserts date], $8.20 per hour.
SB44-SA4,5,53 (b) For wages earned beginning on the first day of the 15th month beginning
4after publication .... [LRB inserts date], and ending on the last day of the 26th month
5beginning after publication .... [LRB inserts date], $9.15 per hour.
SB44-SA4,5,86 (c) For wages earned beginning on the first day of the 27th month beginning
7after publication .... [LRB inserts date], and ending on the last day of the 38th month
8beginning after publication .... [LRB inserts date], $10.10 per hour.
SB44-SA4,5,119 (d) For wages earned beginning on the first day of the 39th month beginning
10after publication .... [LRB inserts date], the amount determined by the department
11by rule promulgated under sub. (5).
SB44-SA4,5,17 12(2) Tipped employees. Except as provided in subs. (3) and (4), if an employer
13of a tipped employee establishes by the employer's payroll records that, when adding
14the tips received by the tipped employee in a week to the wages paid to the tipped
15employee in that week, the tipped employee receives not less than the applicable
16minimum wage specified in sub. (1), the minimum wage for the tipped employee is
17as follows:
SB44-SA4,5,1918 (a) For wages earned before the first day of the 15th month beginning after
19publication .... [LRB inserts date], $3 per hour.
SB44-SA4,5,2220 (b) For wages earned beginning on the first day of the 15th month beginning
21after publication .... [LRB inserts date], the amounts determined by the department
22by rule promulgated under sub. (5).
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