2017 - 2018 LEGISLATURE
January 26, 2017 - Introduced by Senators Kapenga, Craig,
Harsdorf, Marklein and Stroebel, cosponsored 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 and Weatherston.
Referred to Committee on Public Benefits, Licensing and State-Federal
1An Act to repeal
103.19, 103.70 (2) (c) and 103.71 (1) (a) and (b); to renumber
103.71 (1) (intro.); to amend
20.445 (1) (gk), 103.005 (14) (a), 3
103.25 (1), 103.25 (3), 103.27 (2), 103.28 (2), 103.64 (3), 103.70 (1), 103.70 (2) (a), 4
103.70 (2) (b) (intro.), 103.73 (3), 103.74 (intro.), 103.74 (1), 103.75 (1), 103.76, 5
103.80 (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
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:
20.445 (1) (gk) of the statutes is amended to read:
(gk) Child labor permit Permit system for employment of minors; fees. 3
The amounts in the schedule to fund the cost of the department's information 4
technology systems, including the department's child labor
permit system for the
5employment of minors
, and to fund other operational expenses of the division of 6
equal rights in the department.
All moneys received from fees collected under s. 7
103.805 (1) shall be credited to this appropriation account.
103.005 (14) (a) of the statutes is amended to read:
(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, 11
employment offices and all other laws relating to the regulation of
103.19 of the statutes is repealed.
103.20 of the statutes is repealed and recreated to read:
Any person who violates s. 103.15 (2) or (3), 103.17, or 103.18 16
shall be fined not more than $100.
103.25 (1) of the statutes is amended to read:
A minor under 16 years of age
shall not be employed or permitted 2
to work at any street trade unless the minor's employer first obtains from the 3
department or a permit officer a street trade permit and the minor first obtains an 4
identification card, both issued in accordance with this section.
103.25 (3) of the statutes is amended to read:
The form and requisites of street trade permits shall be the same as 7
those specified for child labor
permits in authorizing the employment of minors
s. 103.73, except as provided in sub. (3m) and except that the permits may be 9
issued on special street trade permit forms, in a form determined by the department. 10
Each minor for whom a street trade permit is issued shall be provided by the 11
department or the permit officer issuing the permit with a street trade identification 12
card, in a form determined by the department. The minor shall carry the 13
identification card while engaged in street trade employment and
transfer it to any other person.
103.27 (2) of the statutes is amended to read:
Every employer shall receive and file a street trade permit 17
authorizing employment of each minor under 16 years of age
by him or her the
before the minor is permitted to work; and shall keep the permit on file and 19
allow inspection of the permit at any time by the department or any police or school 20
103.28 (2) of the statutes is amended to read:
The failure of an employer to produce for inspection by the 23
department 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 25
employment of the minor.
103.64 (3) of the statutes is amended to read:
“Permit officer" shall mean any means a
person designated by the 3
department to issue child labor
permits authorizing the employment of minors
103.70 (1) of the statutes is amended to read:
Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 6
103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as 7
may be provided under s. 103.79, a minor under 16 years of age
may not be employed 8
or 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 10
in farming, unless 14 years and over and enrolled in a youth apprenticeship program 11
under s. 106.13, or unless there is first obtained from the department or a permit 12
officer a written permit authorizing the employment of the minor within those 13
periods of time stated in the permit, which may not exceed the maximum hours 14
prescribed by law.
103.70 (2) (a) of the statutes is amended to read:
(a) A minor under 16 years of age
may be employed without a permit 17
in or around a home in work usual to the home of the employer, if the work is not in 18
connection with or a part of the business, trade, or profession of the employer; is in 19
accordance with the minimum age stated in s. 103.67 (2) (f); and is not specifically 20
prohibited by ss. 103.64 to 103.82 or by an order of the department.
103.70 (2) (b) (intro.) of the statutes is amended to read:
(b) (intro.) A minor under 16 years of age
may be employed without 23
a permit by a nonprofit organization in and around the home of an elderly person or 24
a person with a disability to perform snow shoveling, lawn mowing, leaf raking, or
other similar work usual to the home of the elderly person or person with a disability, 2
if all of the following apply:
103.70 (2) (c) of the statutes is repealed.
103.71 (1) (intro.) of the statutes is renumbered 103.71 (1) and 5
amended to read:
Except as provided in s. 103.78, a permit shall not be issued 7
authorizing any minor 14 to 18 years of age
to be employed during the hours that the 8
minor 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:.
103.71 (1) (a) and (b) of the statutes are repealed.
103.73 (3) of the statutes is amended to read:
A child labor
duly issued authorizing the employment of a
14minor issued under s. 103.70
shall be conclusive evidence of the age of the minor for 15
whom it was issued in any proceeding under any of the labor laws and under ch. 102, 16
as to any act or thing occurring subsequent to the date such the
permit was issued.
103.74 (intro.) of the statutes is amended to read:
18103.74 Duties of employers of minors.
(intro.) Every employer employing 19
a minor under 18 16 years of age
for whom a permit is required, except in street 20
103.74 (1) of the statutes is amended to read:
Receive and file a child labor
permit authorizing employment of the 23
minor by him or her the employer
before the minor is permitted to do any work, and 24
shall keep the permit on file and allow inspection of the permit at any time by the
department or any school attendance officer. A permit shall be valid only for the 2
employer for whom which it is
103.75 (1) of the statutes is amended to read:
The department or persons designated by the department may issue 5
certificates of age for minors under 16 years of age
under rules the department deems 6
necessary. In issuing a certificate of age for such
a minor, the department or person 7
designated by the department shall accept as evidence of the minor's age the 8
evidence specified in s. 103.73 (1) (a) in the manner specified in s. 103.73 (1) (a). The 9
certificate is conclusive evidence of the age of the minor to whom issued in any 10
proceeding under any of the labor laws and under ch. 102 as to any act or thing 11
occurring subsequent to the date the certificate was issued.
103.76 of the statutes is amended to read:
13103.76 Proof of age in court.
Whenever in any proceeding in any court under 14
any 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.
age certificate for the minor issued under s. 103.75
shall be conclusive 17
evidence. In the absence of such permit or certificate, a duly attested
certificate, a verified baptismal certificate, a valid operator's license issued under ch. 19
343 that contains the photograph of the license holder,
or an identification card 20
issued under s. 343.50 shall be produced and filed with the court. Upon proof that 21
the birth certificate, baptismal certificate, operator's license or identification card 22
cannot be secured, the record of age stated in the first school enrollment of the child 23
shall be admissible as evidence of the minor's age.