2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 25
May 10, 2017 - Offered by Senator
1An Act to create
103.73 (1) (c) of the statutes; relating to: child labor permits.
Analysis by the Legislative Reference Bureau
Subject to certain exceptions, current law prohibits a minor from being
employed or permitted to work at any employment unless the minor's employer
obtains a written permit authorizing the employment of the minor. Subject to certain
exceptions, current law also prohibits a minor from being permitted to work at any
“street trade” unless 1) the minor's employer obtains a street trade permit; and 2) the
minor obtains an identification card. Street trade permits must contain certain
information but otherwise be in the same format as child labor permits. Such
permits are issued by the Department of Workforce Development or by certain other
permit officers designated by DWD. Under DWD's current rules relating to child
labor permits, in order for a permit to be issued, a letter or signature must be
presented from the minor's parent, guardian, or court-ordered foster parent
consenting to the employment.
This substitute amendment codifies this letter or signature requirement. Also,
if the minor has been adjudged in need of protection or services and is, by court order,
under the supervision of the Department of Children and Families, the Department
of Corrections, a county department of human services or social services, or a
licensed child welfare agency (collectively, “agency”), the substitute amendment
allows a letter or signature of an employee of that agency who provides services to
the minor in lieu of the letter or signature of a parent, guardian, or court-ordered
foster parent. Finally, the substitute amendment allows a letter or signature of
certain school officials in lieu of the letter or signature of a parent, guardian, or
court-ordered foster parent if the minor is an unaccompanied youth.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
103.73 (1) (c) of the statutes is created to read:
(c) One of the following:
1. A letter from the minor's parent, guardian, or court-ordered foster parent 4
consenting to the employment or a countersignature of the parent, guardian, or 5
foster parent on the employer's letter under par. (b).
2. If the minor has been adjudged to be in need of protection or services and is 7
under the supervision of the department of children and families, the department of 8
corrections, a county department under s. 46.22 or 46.23, or a child welfare agency 9
licensed under s. 48.60 pursuant to a court order under s. 48.345, 48.363, 48.365, 10
938.34, 938.363, or 938.365, a letter from an employee of that supervising agency 11
who provides services to that minor or a countersignature of such an employee on the 12
employer's letter under par. (b).
3. If the minor is not in the physical custody of a parent, guardian, legal 14
custodian, foster parent or other physical custodian described in s. 48.62 (2), group 15
home, residential care center for children and youth, shelter care facility, juvenile 16
detention facility, or juvenile correctional facility, a letter from a teacher, school 17
administrator, school counselor, or school social worker at the minor's school, or a 18
countersignature of such an individual on the employer's letter under par. (b).