AB25: Bill Text

LRB-0094/1

MED:kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 25

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 An Act to repeal 103.19, 103.70 (2) (c) and 103.71 (1) (a) and (b); to renumber and amend 103.71 (1) (intro.); to amend 20.445 (1) (gk), 103.005 (14) (a), 103.25 (1), 103.25 (3), 103.27 (2), 103.28 (2), 103.64 (3), 103.70 (1), 103.70 (2) (a), 103.70 (2) (b) (intro.), 103.73 (3), 103.74 (intro.), 103.74 (1), 103.75 (1), 103.76, 103.80 (2), 103.81 (1), 103.81 (2), 118.56 (3) (a), 120.13 (34) and 948.015 (1); to repeal and recreate 103.20; and to create 103.81 (2m) of the statutes; relating to: child labor permits and modifying references to child labor in the statutes.

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 Section 1. 20.445 (1) (gk) of the statutes is amended to read:

AB25,2,7 20.445 (1) (gk) Child labor permit Permit system for employment of minors; fees. The amounts in the schedule to fund the cost of the department's information technology systems, including the department's child labor permit system for the employment of minors, and to fund other operational expenses of the division of equal rights in the department. All moneys received from fees collected under s. 103.805 (1) shall be credited to this appropriation account.

AB25,2 Section 2. 103.005 (14) (a) of the statutes is amended to read:

AB25,2,12 103.005 (14) (a) The department shall administer and enforce, so far as not except where otherwise provided for in the statutes, the laws relating to child labor, employment, and employment offices and all other laws relating to the regulation of employment.

AB25,3 Section 3. 103.19 of the statutes is repealed.

AB25,4 Section 4. 103.20 of the statutes is repealed and recreated to read:

AB25,2,16 103.20 Penalty. Any person who violates s. 103.15 (2) or (3), 103.17, or 103.18 shall be fined not more than $100.

AB25,5 Section 5. 103.25 (1) of the statutes is amended to read:

AB25,3,4 103.25 (1) A minor under 16 years of age shall not be employed or permitted to work at any street trade unless the minor's employer first obtains from the department or a permit officer a street trade permit and the minor first obtains an identification card, both issued in accordance with this section.

AB25,6 Section 6. 103.25 (3) of the statutes is amended to read:

AB25,3,14 103.25 (3) The form and requisites of street trade permits shall be the same as those specified for child labor permits in authorizing the employment of minors under s. 103.73, except as provided in sub. (3m) and except that the permits may be issued on special street trade permit forms, in a form determined by the department. Each minor for whom a street trade permit is issued shall be provided by the department or the permit officer issuing the permit with a street trade identification card, in a form determined by the department. The minor shall carry the identification card while engaged in street trade employment and shall may not transfer it to any other person.

AB25,7 Section 7. 103.27 (2) of the statutes is amended to read:

AB25,3,20 103.27 (2) Every employer shall receive and file a street trade permit authorizing employment of each minor under 16 years of age by him or her the employer before the minor is permitted to work; and shall keep the permit on file and allow inspection of the permit at any time by the department or any police or school attendance officer.

AB25,8 Section 8. 103.28 (2) of the statutes is amended to read:

AB25,3,25 103.28 (2) The failure of an employer to produce for inspection by the department or any school attendance or police officer a permit required for a minor under 16 years of age employed in street trades is prima facie evidence of unlawful employment of the minor.

AB25,9 Section 9. 103.64 (3) of the statutes is amended to read:

AB25,4,3 103.64 (3) “Permit officer" shall mean any means a person designated by the department to issue child labor permits authorizing the employment of minors.

AB25,10 Section 10. 103.70 (1) of the statutes is amended to read:

AB25,4,14 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor under 16 years of age may not be employed or permitted to work at any gainful occupation or employment, unless employed under an apprentice contract under s. 106.01, unless 12 years and over and engaged in farming, unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, or unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which may not exceed the maximum hours prescribed by law.

AB25,11 Section 11. 103.70 (2) (a) of the statutes is amended to read:

AB25,4,20 103.70 (2) (a) A minor under 16 years of age may be employed without a permit in or around a home in work usual to the home of the employer, if the work is not in connection with or a part of the business, trade, or profession of the employer; is in accordance with the minimum age stated in s. 103.67 (2) (f); and is not specifically prohibited by ss. 103.64 to 103.82 or by an order of the department.

AB25,12 Section 12. 103.70 (2) (b) (intro.) of the statutes is amended to read:

AB25,5,2 103.70 (2) (b) (intro.) A minor under 16 years of age may be employed without a permit by a nonprofit organization in and around the home of an elderly person or 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, if all of the following apply:

AB25,13 Section 13. 103.70 (2) (c) of the statutes is repealed.

AB25,14 Section 14. 103.71 (1) (intro.) of the statutes is renumbered 103.71 (1) and amended to read:

AB25,5,10 103.71 (1) Except as provided in s. 103.78, a permit shall not be issued authorizing any minor 14 to 18 years of age to be employed during the hours that the minor is required to attend school under s. 118.15, unless the minor has completed high school. The department and its permit officers shall accept as evidence of the minor's completion of high school either:.

AB25,15 Section 15. 103.71 (1) (a) and (b) of the statutes are repealed.

AB25,16 Section 16. 103.73 (3) of the statutes is amended to read:

AB25,5,16 103.73 (3) A child labor permit duly issued authorizing the employment of a minor issued under s. 103.70 shall be conclusive evidence of the age of the minor for whom it was issued in any proceeding under any of the labor laws and under ch. 102, as to any act or thing occurring subsequent to the date such the permit was issued.

AB25,17 Section 17. 103.74 (intro.) of the statutes is amended to read:

AB25,5,20 103.74 Duties of employers of minors. (intro.) Every employer employing a minor under 18 16 years of age for whom a permit is required, except in street trades, shall:

AB25,18 Section 18. 103.74 (1) of the statutes is amended to read:

AB25,6,2 103.74 (1) Receive and file a child labor permit authorizing employment of the minor by him or her the employer before the minor is permitted to do any work, and 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 employer for whom which it is issued.

AB25,19 Section 19. 103.75 (1) of the statutes is amended to read:

AB25,6,11 103.75 (1) The department or persons designated by the department may issue certificates of age for minors under 16 years of age under rules the department deems necessary. In issuing a certificate of age for such a minor, the department or person designated by the department shall accept as evidence of the minor's age the evidence specified in s. 103.73 (1) (a) in the manner specified in s. 103.73 (1) (a). The certificate is conclusive evidence of the age of the minor to whom issued in any proceeding under any of the labor laws and under ch. 102 as to any act or thing occurring subsequent to the date the certificate was issued.

AB25,20 Section 20. 103.76 of the statutes is amended to read:

AB25,6,23 103.76 Proof of age in court. Whenever in any proceeding in any court under any of the labor laws or under ch. 102 there is any doubt of the age of a minor, a duly issued child labor permit authorizing the employment of the minor issued under s. 103.70 or an age certificate for the minor issued under s. 103.75 shall be conclusive evidence. In the absence of such permit or certificate, a duly attested birth certificate, a verified baptismal certificate, a valid operator's license issued under ch. 343 that contains the photograph of the license holder, or an identification card issued under s. 343.50 shall be produced and filed with the court. Upon proof that the birth certificate, baptismal certificate, operator's license or identification card cannot be secured, the record of age stated in the first school enrollment of the child shall be admissible as evidence of the minor's age.

AB25,21 Section 21. 103.80 (2) of the statutes is amended to read:

AB25,7,6 103.80 (2) The failure of any employer to produce for inspection to by the department, or school attendance officers, the a permit provided for in required for a minor under 16 years of age under s. 103.70 shall be prima facie evidence of unlawful employment of the minor. The presence of any minor in any factory, workshop or other place of employment shall be prima facie evidence of the employment of the minor.

AB25,22 Section 22. 103.81 (1) of the statutes is amended to read:

AB25,7,13 103.81 (1) During Except as provided in sub. (2m), during the term that the public schools are in session, a person shall not advertise or cause or permit any advertisement to be published in any newspaper 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.

AB25,23 Section 23. 103.81 (2) of the statutes is amended to read:

AB25,7,17 103.81 (2) A Except as provided in sub. (2m), a person shall not solicit in the schools or homes of this state, minors of permit age to leave school and enter their employment, if a child labor permit is required for that employment by s. 103.70.

AB25,24 Section 24. 103.81 (2m) of the statutes is created to read:

AB25,7,20 103.81 (2m) Subsections (1) and (2) do not apply with respect to any of the following:

AB25,7,21 (a) Employment as an election inspector as provided in s. 7.30 (2) (am).

AB25,7,22 (b) Employment during school hours when permitted under s. 103.67.

AB25,7,23 (c) Employment described under s. 103.70 (2).

AB25,7,24 (d) Employment described under s. 103.78.

AB25,25 Section 25. 118.56 (3) (a) of the statutes is amended to read:

AB25,8,3 118.56 (3) (a) Comply with state child labor laws relating to the employment of minors and any applicable federal labor law requirements for age and immigration status.

AB25,26 Section 26. 120.13 (34) of the statutes is amended to read:

AB25,8,6 120.13 (34) Street trade and child labor minor employment permit officer. Act as permit officer if designated under ss. 103.245 (1) (a) and 103.695 (1) (a).

AB25,27 Section 27. 948.015 (1) of the statutes is amended to read:

AB25,8,9 948.015 (1) Sections 103.19 to 103.32 103.21 to 103.31 and 103.64 to 103.82, relating to the employment of minors.

AB25,8,10 (End)