Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB816 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 816
5	5	December 8, 2023 - Introduced by Representatives MADISON, CLANCY, STUBBS,
6	6	DRAKE, J. ANDERSON, BALDEH, CONLEY, CONSIDINE, EMERSON, JOERS, MOORE
7	7	OMOKUNDE, PALMERI, SHELTON, SINICKI, SUBECK and NEUBAUER, cosponsored by
8	8	Senators TAYLOR and L. JOHNSON. Referred to Committee on Corrections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 301.30, 303.01 (4), 303.08 (3) and 303.10 (10) of the statutes;
11	11	relating to: minimum wage for all inmates and residents of state correctional
12	12	institutions and county jails or houses of correction and making an
13	13	appropriation.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law provides that the Department of Corrections sets the rate of pay
16	16	for inmates working in state correctional institutions and the Prison Industries
17	17	Board sets wages for inmates employed by the Bureau of Correctional Enterprises.
18	18	Under current law, BCE employees may be paid an hourly rate plus an incentive
19	19	wage based on productivity in some instances, but wages may not be set at a rate that
20	20	would cause a deficit on operations.
21	21	The bill provides that all inmates and residents that perform labor must be paid
22	22	a wage, and in addition to the standards under current law, provides that no inmate
23	23	or resident of a state correctional institution may be paid a wage that is less than the
24	24	rate for tipped workers, which is currently $2.33 per hour. The bill removes the
25	25	provision that wages may not be set at a rate that would cause a deficit on operations.
26	26	The bill increases all wages established by the Prison Industries Board for
27	27	payment to inmates employed by BCE by $2.33 on the effective date of the bill.
28	28	The bill provides that any prisoner in a county jail or county work camp must
29	29	be paid a wage that is not less than the rate for tipped workers, which is currently
30	30	$2.33 per hour.
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36	36	ASSEMBLY BILL 816
37	37	The bill also provides to DOC $58,933,600 in fiscal year 2023-24 and
38	38	$88,400,400 in fiscal year 2024-25 to pay the wages of inmates in state correctional
39	39	institutions and $873,300 in fiscal year 2023-24 and $1,310,000 in fiscal year
40	40	2024-25 to pay the wages of inmates engaged in labor under BCE.
41	41	For further information see the state fiscal estimate, which will be printed as
42	42	an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 301.30 of the statutes is amended to read:
46	46	301.30 Inmate wages, allowances and release payments. The
47	47	department may pay a wage or an allowance and a release payment to inmates at
48	48	its institutions. The department shall prescribe the amounts of pay and such hours,
49	49	health and other conditions in connection with employment as are reasonable, but
50	50	all inmates that perform labor shall be paid a wage and the wage or allowance paid
51	51	under this section may not be set at a rate that is less than the hourly rate established
52	52	under s. 104.035 (3) (a) 1. or its equivalent weekly allowance.
53	53	SECTION 2. 303.01 (4) of the statutes is amended to read:
54	54	303.01 (4) WAGE STANDARDS. All inmates and residents that perform labor shall
55	55	be paid a wage that is. The wage that inmates and residents are paid shall be based
56	56	on the productivity of the work the inmates and residents perform. Wages may be
57	57	established at an hourly rate plus an incentive wage based on productivity and
58	58	piecework formulas may be created. However, wages shall, but wages may not be set
59	59	at a rate such as to cause a deficit on operations that is less than the hourly rate
60	60	established under s. 104.035 (3) (a) 1. Changes in inmate and resident wage rate
61	61	schedules may not be made without approval of the prison industries board.
62	62	SECTION 3. 303.08 (3) of the statutes is amended to read:
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83	83	SECTION 3
84	84	ASSEMBLY BILL 816
85	85	303.08 (3) The sheriff shall endeavor to secure employment or employment
86	86	training for unemployed prisoners under this section. An employer that employs a
87	87	prisoner for work under this section shall pay the prisoner at a rate not less than the
88	88	hourly rate established under s. 104.035 (3) (a) 1. If a prisoner is employed for wages
89	89	or salary or receives unemployment insurance or employment training benefits
90	90	while in custody in the jail, the sheriff shall collect the wages or salary or require the
91	91	prisoner to turn over the wages, salary or benefits in full when received. The sheriff
92	92	shall deposit the wages, salary or benefits in a trust checking account and shall keep
93	93	a ledger showing the status of the account of each prisoner. Such wages or salary are
94	94	not subject to garnishment in the hands of either the employer or the sheriff during
95	95	the prisoner's term, and shall be disbursed only as provided in this section; but for
96	96	tax purposes they are income of the prisoner.
97	97	SECTION 4. 303.10 (10) of the statutes is amended to read:
98	98	303.10 (10) An employer that employs a prisoner for work under this section
99	99	shall pay the prisoner at a rate set by the county board by ordinance, except that such
100	100	rate may not be less than the hourly rate established under s. 104.035 (3) (a) 1.
101	101	SECTION 5.0Nonstatutory provisions.
102	102	(1) Notwithstanding s. 303.01 (4), the inmate and resident wage rate schedules
103	103	established under s. 303.01 (4) shall be increased by $2.33 per hour on the effective
104	104	date of this subsection.
105	105	SECTION 6.0Fiscal changes.
106	106	(1) WAGES OF INMATES OF STATE CORRECTIONAL INSTITUTIONS. In the schedule
107	107	under s. 20.005 (3) for the appropriation to the department of corrections under s.
108	108	20.410 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $58,933,600
109	109	to pay the wages of inmates in state correctional institutions. In the schedule under
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136	136	SECTION 6 ASSEMBLY BILL 816
137	137	s. 20.005 (3) for the appropriation to the department of corrections under s. 20.410
138	138	(1) (a), the dollar amount for fiscal year 2024-25 is increased by $88,400,400 to pay
139	139	the wages of inmates in state correctional institutions.
140	140	(2) WAGES OF INMATES UNDER THE BUREAU OF CORRECTIONAL ENTERPRISES. In the
141	141	schedule under s. 20.005 (3) for the appropriation to the department of corrections
142	142	under s. 20.410 (1) (a), the dollar amount for fiscal year 2023-24 is increased by
143	143	$873,300 to pay the wages of inmates engaged in labor under the bureau of
144	144	correctional enterprises. In the schedule under s. 20.005 (3) for the appropriation to
145	145	the department of corrections under s. 20.410 (1) (a), the dollar amount for fiscal year
146	146	2024-25 is increased by $1,310,000 to pay the wages of inmates engaged in labor
147	147	under the bureau of correctional enterprises.
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