SB41: Bill Text

LRB-1244/1

GMM:cmh&kg:km

1999 - 2000 LEGISLATURE

1999 Senate BILL 41

February 16, 1999 - Introduced by Senators Wirch, Schultz, Breske, Roessler, George, Rude, Farrow and A. Lasee, cosponsored by Representatives Powers, Bock, Freese, Gard, Handrick, Hoven, Hundertmark, Jeskewitz, Kelso, Kreuser, F. Lasee, Owens, Porter, Ryba, Seratti, Skindrud, Stone, Sykora, Turner, Young, Ziegelbauer and Gundrum. Referred to Committee on Labor.

SB41,1,6 An Act to renumber 103.23 (2); to renumber and amend 103.71 (2) (a); to amend 103.21 (1), 103.21 (6), 103.25 (3m) (c), 103.275 (8), 103.30, 103.67 (2) (c), 103.71 (2) (b) (intro.) and 103.81 (1); and to create 103.21 (1v), 103.21 (5r), 103.23 (2) (b), 103.64 (1v), 103.64 (6) and 103.71 (2) (a) 2. of the statutes; relating to: employment of minors 11 years of age in the sale or distribution of newspapers or shoppers guides.

Analysis by the Legislative Reference Bureau

Under current law, a minor may be employed in a street trade such as the sale or distribution of newspapers or magazines only if the minor is at least 12 years of age, except that a minor under 12 years of age may work in fund-raising sales for a nonprofit organization, a public school or a private school. To be employed in a street trade, a minor must obtain an identification card and the minor's employer must obtain a permit from the department of workforce development (DWD) or from a local permit officer designated by DWD. A minor may be employed only during certain hours designated by DWD so that the minor's employment does not interfere with school attendance.

This bill permits a minor who is at least 11 years of age to be employed in the sale or distribution of newspapers or shoppers guides if the usual permit procedure is followed. Work in street trades other than newspaper or shoppers guide sales or distribution and fund-raising sales remains limited to those minors who are at least 12 years of age.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB41, s. 1 Section 1. 103.21 (1) of the statutes is amended to read:

SB41,2,11 103.21 (1) Every minor selling or distributing newspapers, shoppers guides or magazines on the streets any street or other public place, or from house to house, is in an "employment" and an "employe," " employe"; and each independent news agency or (in or, in the absence of all such agencies), each selling agency of a publisher or (in or, in the absence of all such agencies), each publisher, whose newspapers, shoppers guides or magazines the minor sells or distributes, is an "employer" of the minor. Every minor engaged in any other street trade is in an "employment" and an "employe," "employe"; and each person furnishing the minor articles for sale or distribution or regularly furnishing the minor material for blacking boots is the minor's "employer".

SB41, s. 2 Section 2. 103.21 (1v) of the statutes is created to read:

SB41,2,15 103.21 (1v) "Newspaper" means a publication that is printed and distributed at daily, weekly or other short, periodic intervals for the dissemination of current news and information of a general character and of a general interest to the public.

SB41, s. 3 Section 3. 103.21 (5r) of the statutes is created to read:

SB41,2,17 103.21 (5r) "Shoppers guide" has the meaning given in s. 77.54 (15).

SB41, s. 4 Section 4. 103.21 (6) of the statutes is amended to read:

SB41,3,2 103.21 (6) "Street trade" means the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers, shoppers guides or magazines, or the blacking of boots, on any street or other public place or from house to house.

SB41, s. 5 Section 5. 103.23 (2) of the statutes is renumbered 103.23 (2) (a).

SB41, s. 6 Section 6. 103.23 (2) (b) of the statutes is created to read:

SB41,3,6 103.23 (2) (b) A minor who is 11 years of age or over may be employed or permitted to work in the sale or distribution of newspapers or shoppers guides.

SB41, s. 7 Section 7. 103.25 (3m) (c) of the statutes is amended to read:

SB41,3,10 103.25 (3m) (c) This subsection does not apply to employment of a minor by a newspaper or shoppers guide publisher or in a fund-raising sale for a nonprofit organization, a public school or a private school.

SB41, s. 8 Section 8. 103.275 (8) of the statutes is amended to read:

SB41,3,14 103.275 (8) Exception. This section does not apply to the employment of a minor by a newspaper or shoppers guide publisher or in a fund-raising sale for a nonprofit organization, a public school or a private school.

SB41, s. 9 Section 9. 103.30 of the statutes is amended to read:

SB41,3,23 103.30 Penalty on newspapers and shoppers guides for allowing minors to loiter around premises. A newspaper or shoppers guide publisher or printer or person having for sale or distribution newspapers, shoppers guides or magazines shall may not permit any minor under 18 years of age to loiter or remain around any premises where the newspapers, shoppers guides or magazines are printed, assembled, prepared for sale or distribution, distributed or sold when the minor is required under s. 118.15 to attend school. Any person violating this section is subject to the penalties specified in s. 103.29.

SB41, s. 10 Section 10. 103.64 (1v) of the statutes is created to read:

SB41,4,3 103.64 (1v) "Newspaper" means a publication that is printed and distributed at daily, weekly or other short, periodic intervals for the dissemination of current news and information of a general character and of a general interest to the public.

SB41, s. 11 Section 11. 103.64 (6) of the statutes is created to read:

SB41,4,5 103.64 (6) "Shoppers guide" has the meaning given in s. 77.54 (15).

SB41, s. 12 Section 12. 103.67 (2) (c) of the statutes is amended to read:

SB41,4,11 103.67 (2) (c) Minors 11 years of age or older may be employed in the sale or distribution of newspapers or shoppers guides, minors 12 years of age or older may be employed in other street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or private schools, as provided in ss. 103.21 to 103.31.

SB41, s. 13 Section 13. 103.71 (2) (a) of the statutes is renumbered 103.71 (2) (a) (intro.) and amended to read:

SB41,4,14 103.71 (2) (a) (intro.) The employment of minors 11 to 13 years of age as follows:

SB41,4,15 1. As ball monitors at high school football games as provided in s. 103.67 (2) (i).

SB41, s. 14 Section 14. 103.71 (2) (a) 2. of the statutes is created to read:

SB41,4,18 103.71 (2) (a) 2. In the sale or distribution of newspapers or shoppers guides as provided in s. 103.67 (2) (c).

SB41, s. 15 Section 15. 103.71 (2) (b) (intro.) of the statutes is amended to read:

SB41,4,21 103.71 (2) (b) (intro.) The employment of minors 12 years of age and over as follows:

SB41, s. 16 Section 16. 103.81 (1) of the statutes is amended to read:

SB41,5,3 103.81 (1) During the term that the public schools are in session, a person shall not no person may advertise or cause or permit any advertisement to be published in any newspaper or shoppers guide for the labor or services of any minor during school hours in any employment for which a child labor permit is required under s. 103.70 which does not specifically state the minimum age of the minor whose services are desired, which age must be 18 years or over.

SB41,5,4 (End)