LRB-0094/1
MED:kjf
2017 - 2018 LEGISLATURE
January 18, 2017 - Introduced by Representatives Loudenbeck, Ballweg,
Bernier, Bowen, Brandtjen, E. Brooks, R. Brooks, Doyle, Duchow,
Horlacher, Hutton, Jacque, Jagler, Jarchow, Kitchens, Knodl, Kooyenga,
Kremer, Krug, Kulp, Milroy, Mursau, Ohnstad, Petersen, Petryk, Quinn,
Rodriguez, Rohrkaste, Skowronski, Spiros, Swearingen, C. Taylor,
Thiesfeldt, Tittl, Tranel, Tusler, Weatherston, Summerfield and
Zimmerman, cosponsored by Senators Kapenga, Craig, Darling, Feyen,
Harsdorf, Marklein and Stroebel. Referred to Committee on Labor.
AB25,1,8 1An Act to repeal 103.19, 103.70 (2) (c) and 103.71 (1) (a) and (b); to renumber
2and amend
103.71 (1) (intro.); to amend 20.445 (1) (gk), 103.005 (14) (a),
3103.25 (1), 103.25 (3), 103.27 (2), 103.28 (2), 103.64 (3), 103.70 (1), 103.70 (2) (a),
4103.70 (2) (b) (intro.), 103.73 (3), 103.74 (intro.), 103.74 (1), 103.75 (1), 103.76,
5103.80 (2), 103.81 (1), 103.81 (2), 118.56 (3) (a), 120.13 (34) and 948.015 (1); to
6repeal and recreate
103.20; and to create 103.81 (2m) of the statutes;
7relating to: child labor permits and modifying references to child labor in the
8statutes.
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.

This bill eliminates the requirements to obtain such permits and identification
cards for minors who are 16 years of age or older.
The bill also changes terminology in current law to refer to “the employment of
minors” instead of “child labor” and repeals an obsolete provision regarding certain
performances featuring children.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB25,1 1Section 1 . 20.445 (1) (gk) of the statutes is amended to read:
AB25,2,72 20.445 (1) (gk) Child labor permit Permit system for employment of minors; fees.
3The amounts in the schedule to fund the cost of the department's information
4technology systems, including the department's child labor permit system for the
5employment of minors
, and to fund other operational expenses of the division of
6equal rights in the department. All moneys received from fees collected under s.
7103.805 (1) shall be credited to this appropriation account.
AB25,2 8Section 2 . 103.005 (14) (a) of the statutes is amended to read:
AB25,2,129 103.005 (14) (a) The department shall administer and enforce, so far as not
10except where otherwise provided for in the statutes, the laws relating to child labor,
11employment, and employment offices and all other laws relating to the regulation of
12employment
.
AB25,3 13Section 3 . 103.19 of the statutes is repealed.
AB25,4 14Section 4 . 103.20 of the statutes is repealed and recreated to read:
AB25,2,16 15103.20 Penalty. Any person who violates s. 103.15 (2) or (3), 103.17, or 103.18
16shall be fined not more than $100.
AB25,5 17Section 5. 103.25 (1) of the statutes is amended to read:
AB25,3,4
1103.25 (1) A minor under 16 years of age shall not be employed or permitted
2to work at any street trade unless the minor's employer first obtains from the
3department or a permit officer a street trade permit and the minor first obtains an
4identification card, both issued in accordance with this section.
AB25,6 5Section 6 . 103.25 (3) of the statutes is amended to read:
AB25,3,146 103.25 (3) The form and requisites of street trade permits shall be the same as
7those specified for child labor permits in authorizing the employment of minors
8under
s. 103.73, except as provided in sub. (3m) and except that the permits may be
9issued on special street trade permit forms, in a form determined by the department.
10Each minor for whom a street trade permit is issued shall be provided by the
11department or the permit officer issuing the permit with a street trade identification
12card, in a form determined by the department. The minor shall carry the
13identification card while engaged in street trade employment and shall may not
14transfer it to any other person.
AB25,7 15Section 7. 103.27 (2) of the statutes is amended to read:
AB25,3,2016 103.27 (2) Every employer shall receive and file a street trade permit
17authorizing employment of each minor under 16 years of age by him or her the
18employer
before the minor is permitted to work; and shall keep the permit on file and
19allow inspection of the permit at any time by the department or any police or school
20attendance officer.
AB25,8 21Section 8. 103.28 (2) of the statutes is amended to read:
AB25,3,2522 103.28 (2) The failure of an employer to produce for inspection by the
23department or any school attendance or police officer a permit required for a minor
24under 16 years of age employed in street trades is prima facie evidence of unlawful
25employment of the minor.
AB25,9
1Section 9. 103.64 (3) of the statutes is amended to read:
AB25,4,32 103.64 (3) “Permit officer" shall mean any means a person designated by the
3department to issue child labor permits authorizing the employment of minors.
AB25,10 4Section 10. 103.70 (1) of the statutes is amended to read:
AB25,4,145 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31,
6103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as
7may be provided under s. 103.79, a minor under 16 years of age may not be employed
8or permitted to work at any gainful occupation or employment, unless employed
9under an apprentice contract under s. 106.01,
unless 12 years and over and engaged
10in farming, unless 14 years and over and enrolled in a youth apprenticeship program
11under s. 106.13, or unless there is first obtained from the department or a permit
12officer a written permit authorizing the employment of the minor within those
13periods of time stated in the permit, which may not exceed the maximum hours
14prescribed by law.
AB25,11 15Section 11. 103.70 (2) (a) of the statutes is amended to read:
AB25,4,2016 103.70 (2) (a) A minor under 16 years of age may be employed without a permit
17in or around a home in work usual to the home of the employer, if the work is not in
18connection with or a part of the business, trade, or profession of the employer; is in
19accordance with the minimum age stated in s. 103.67 (2) (f); and is not specifically
20prohibited by ss. 103.64 to 103.82 or by an order of the department.
AB25,12 21Section 12. 103.70 (2) (b) (intro.) of the statutes is amended to read:
AB25,5,222 103.70 (2) (b) (intro.) A minor under 16 years of age may be employed without
23a permit by a nonprofit organization in and around the home of an elderly person or
24a person with a disability to perform snow shoveling, lawn mowing, leaf raking, or

1other similar work usual to the home of the elderly person or person with a disability,
2if all of the following apply:
AB25,13 3Section 13. 103.70 (2) (c) of the statutes is repealed.
AB25,14 4Section 14. 103.71 (1) (intro.) of the statutes is renumbered 103.71 (1) and
5amended to read:
AB25,5,106 103.71 (1) Except as provided in s. 103.78, a permit shall not be issued
7authorizing any minor 14 to 18 years of age to be employed during the hours that the
8minor is required to attend school under s. 118.15, unless the minor has completed
9high school. The department and its permit officers shall accept as evidence of the
10minor's completion of high school either:
.
AB25,15 11Section 15. 103.71 (1) (a) and (b) of the statutes are repealed.
AB25,16 12Section 16 . 103.73 (3) of the statutes is amended to read:
AB25,5,1613 103.73 (3) A child labor permit duly issued authorizing the employment of a
14minor issued under s. 103.70
shall be conclusive evidence of the age of the minor for
15whom it was issued in any proceeding under any of the labor laws and under ch. 102,
16as to any act or thing occurring subsequent to the date such the permit was issued.
AB25,17 17Section 17. 103.74 (intro.) of the statutes is amended to read:
AB25,5,20 18103.74 Duties of employers of minors. (intro.) Every employer employing
19a minor under 18 16 years of age for whom a permit is required, except in street
20trades, shall:
AB25,18 21Section 18 . 103.74 (1) of the statutes is amended to read:
AB25,6,222 103.74 (1) Receive and file a child labor permit authorizing employment of the
23minor by him or her the employer before the minor is permitted to do any work, and
24shall keep the permit on file and allow inspection of the permit at any time by the

1department or any school attendance officer. A permit shall be valid only for the
2employer for whom which it is issued.
AB25,19 3Section 19. 103.75 (1) of the statutes is amended to read:
AB25,6,114 103.75 (1) The department or persons designated by the department may issue
5certificates of age for minors under 16 years of age under rules the department deems
6necessary. In issuing a certificate of age for such a minor, the department or person
7designated by the department shall accept as evidence of the minor's age the
8evidence specified in s. 103.73 (1) (a) in the manner specified in s. 103.73 (1) (a). The
9certificate is conclusive evidence of the age of the minor to whom issued in any
10proceeding under any of the labor laws and under ch. 102 as to any act or thing
11occurring subsequent to the date the certificate was issued.
AB25,20 12Section 20 . 103.76 of the statutes is amended to read:
AB25,6,23 13103.76 Proof of age in court. Whenever in any proceeding in any court under
14any of the labor laws or under ch. 102 there is any doubt of the age of a minor, a duly
15issued child labor
permit authorizing the employment of the minor issued under s.
16103.70
or an age certificate for the minor issued under s. 103.75 shall be conclusive
17evidence. In the absence of such permit or certificate, a duly attested birth
18certificate, a verified baptismal certificate, a valid operator's license issued under ch.
19343 that contains the photograph of the license holder, or an identification card
20issued under s. 343.50 shall be produced and filed with the court. Upon proof that
21the birth certificate, baptismal certificate, operator's license or identification card
22cannot be secured, the record of age stated in the first school enrollment of the child
23shall be admissible as evidence of the minor's age.
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