2023 - 2024 LEGISLATURE
September 28, 2023 - Introduced by Representatives Moses, Binsfeld,
Armstrong, Behnke, Bodden, Brandtjen, Edming, Goeben, Gundrum, Krug,
Magnafici, Nedweski, O'Connor, Rettinger and Schmidt, cosponsored by
Senators Tomczyk, Felzkowski and Stroebel. Referred to Committee on
Labor and Integrated Employment.
AB442,1,9 1An Act to repeal 20.445 (1) (gk), 60.33 (8m), 61.25 (6m), 62.09 (11) (k), 103.21
2(3), 103.245, 103.25, 103.26, 103.27 (2), 103.275 (5) (a), 103.28 (2), 103.64 (3),
3103.695, 103.70, 103.71, 103.72, 103.73, 103.74 (1), 103.75, 103.805, 118.163 (2)
4(e), 120.13 (34) and 938.342 (1g) (e); to consolidate, renumber and amend
5103.74 (intro.) and (2); to amend 49.472 (3) (e), 62.03 (1), 103.275 (5) (c) 1.,
6103.275 (6) (a) (intro.), 103.275 (7) (d) 5., 103.76, 103.79, 103.80 (2), 103.81 (2m)
7(c), 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., 938.34 (5) (b) and 938.34 (5g) (c); and
8to repeal and recreate 102.60 of the statutes; relating to: permits
9authorizing the employment of minors.
Analysis by the Legislative Reference Bureau
Subject to certain exceptions, current law prohibits a minor who is 14 or 15
years of age 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 these requirements to obtain permits and other associated
provisions.
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:
AB442,1 1Section 1. 20.445 (1) (gk) of the statutes is repealed.
AB442,2 2Section 2. 49.472 (3) (e) of the statutes is amended to read:
AB442,2,43 49.472 (3) (e) The individual is legally able to work in all employment settings
4without a permit under s. 103.70.
AB442,3 5Section 3. 60.33 (8m) of the statutes is repealed.
AB442,4 6Section 4. 61.25 (6m) of the statutes is repealed.
AB442,5 7Section 5. 62.03 (1) of the statutes, as affected by 2023 Wisconsin Act 19, is
8amended to read:
AB442,2,119 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j),
10(k),
and (m), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class
11cities under special charter.
AB442,6 12Section 6. 62.09 (11) (k) of the statutes is repealed.
AB442,7 13Section 7. 102.60 of the statutes is repealed and recreated to read:
AB442,2,19 14102.60 Minor illegally employed. When the injury is sustained by a minor
15who is illegally employed, the employer, in addition to paying compensation to the
16minor and death benefits to the dependents of the minor, shall pay to the department,
17for deposit into the fund established under s. 102.65, an amount equal to double the
18amount recoverable by the injured employee, but not to exceed $15,000, if the minor
19is, at the time of the injury, illegally employed.
AB442,8
1Section 8. 103.21 (3) of the statutes is repealed.
AB442,9 2Section 9. 103.245 of the statutes is repealed.
AB442,10 3Section 10. 103.25 of the statutes is repealed.
AB442,11 4Section 11. 103.26 of the statutes is repealed.
AB442,12 5Section 12. 103.27 (2) of the statutes is repealed.
AB442,13 6Section 13. 103.275 (5) (a) of the statutes is repealed.
AB442,14 7Section 14. 103.275 (5) (c) 1. of the statutes is amended to read:
AB442,3,98 103.275 (5) (c) 1. Allow the department to inspect the certificate issued under
9sub. (2) or any street trade permits obtained under s. 103.25.
AB442,15 10Section 15. 103.275 (6) (a) (intro.) of the statutes is amended to read:
AB442,3,1411 103.275 (6) (a) (intro.) When a house-to-house employer obtains a stamp from
12a municipal clerk under s. 103.25 (3m) (b), the
A house-to-house employer shall
13provide notice that a minor is or will be conducting a street trade for the
14house-to-house employer in the municipality to the following:
AB442,16 15Section 16. 103.275 (7) (d) 5. of the statutes is amended to read:
AB442,3,1716 103.275 (7) (d) 5. Failed to comply with s. 103.23, 103.24, 103.25 or 103.27 or
17the rules of the department.
AB442,17 18Section 17. 103.28 (2) of the statutes is repealed.
AB442,18 19Section 18. 103.64 (3) of the statutes is repealed.
AB442,19 20Section 19. 103.695 of the statutes is repealed.
AB442,20 21Section 20. 103.70 of the statutes is repealed.
AB442,21 22Section 21. 103.71 of the statutes is repealed.
AB442,22 23Section 22. 103.72 of the statutes is repealed.
AB442,23 24Section 23. 103.73 of the statutes is repealed.
AB442,24
1Section 24. 103.74 (intro.) and (2) of the statutes are consolidated,
2renumbered 103.74 and amended to read:
AB442,4,8 3103.74 Duties of employers of minors. Every employer employing a minor
4under 16 years of age for whom a permit is required, except in work described under
5s. 103.67 (2) (f) to (g) or in
street trades, shall: (2) Keep keep a record for each
6employed minor's name, address, date of birth, the time of beginning and ending
7work and the time for meals each day and the total hours worked each day and each
8week.
AB442,25 9Section 25. 103.74 (1) of the statutes is repealed.
AB442,26 10Section 26. 103.75 of the statutes is repealed.
AB442,27 11Section 27. 103.76 of the statutes is amended to read:
AB442,4,22 12103.76 Proof of age in court. Whenever in any proceeding in any court under
13any of the labor laws or under ch. 102 there is any doubt of the age of a minor or as
14to whether an individual is a minor, a permit authorizing the employment of the
15minor issued under s. 103.70 or an age certificate issued under s. 103.75 shall be
16conclusive evidence. In the absence of such permit or certificate,
a birth certificate,
17a verified baptismal certificate, a valid operator's license issued under ch. 343 that
18contains the photograph of the license holder, or an identification card issued under
19s. 343.50 shall be produced and filed with the court. Upon proof that the birth
20certificate, baptismal certificate, operator's license or identification card cannot be
21secured, the record of age stated in the first school enrollment of the child shall be
22admissible as evidence of age.
AB442,28 23Section 28. 103.79 of the statutes is amended to read:
AB442,5,3 24103.79 Minor golf caddies. The department may investigate and fix by
25general or special order reasonable regulations related to the provision of caddy

1services by minors. The regulations may include a waiver or modification of permit
2requirements for caddies.
The investigations and orders shall be made as provided
3under s. 103.005. The orders are subject to review as provided in ch. 227.
AB442,29 4Section 29. 103.80 (2) of the statutes is amended to read:
AB442,5,95 103.80 (2) The failure of any employer to produce for inspection by the
6department, or school attendance officers, a permit required for a minor under 16
7years of age under s. 103.70 shall be prima facie evidence of unlawful employment
8of the minor.
The presence of any minor in any factory, workshop or other place of
9employment shall be prima facie evidence of the employment of the minor.
AB442,30 10Section 30. 103.805 of the statutes is repealed.
AB442,31 11Section 31. 103.81 (2m) (c) of the statutes is amended to read:
AB442,5,1212 103.81 (2m) (c) Employment described under s. 103.70 (2) 103.67 (2) (f) to (g).
AB442,32 13Section 32. 118.163 (2) (e) of the statutes is repealed.
AB442,33 14Section 33. 120.13 (34) of the statutes is repealed.
AB442,34 15Section 34. 938.245 (2) (a) 5. b. of the statutes is amended to read:
AB442,5,2416 938.245 (2) (a) 5. b. In addition to any other employment or duties permitted
17under ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who
18is participating in a restitution project provided by the county or who is performing
19services for the victim as restitution may, for the purpose of making restitution, be
20employed or perform any duties under any circumstances in which a juvenile 14 or
2115 years of age is permitted to be employed or to perform duties under ch. 103 or any
22rule or order under ch. 103. A juvenile who is participating in a restitution project
23provided by the county or who is performing services for the victim as restitution is
24exempt from the permit requirement under s. 103.70 (1).
AB442,35 25Section 35. 938.32 (1t) (a) 2. of the statutes is amended to read:
AB442,6,9
1938.32 (1t) (a) 2. In addition to any other employment or duties permitted
2under ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who
3is participating in a restitution project provided by the county or who is performing
4services for the victim as restitution may, for the purpose of making restitution under
5the consent decree, be employed or perform any duties under any circumstances in
6which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties
7under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in
8a restitution project provided by the county or who is performing services for the
9victim as restitution is exempt from the permit requirement under s. 103.70 (1).
AB442,36 10Section 36. 938.34 (5) (b) of the statutes is amended to read:
AB442,6,2011 938.34 (5) (b) In addition to any other employment or duties permitted under
12ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who is
13participating in a restitution project provided by the county or who is performing
14services for the victim as restitution may, for the purpose of making restitution
15ordered by the court under this subsection, be employed or perform any duties under
16any circumstances in which a juvenile 14 or 15 years of age is permitted to be
17employed or perform duties under ch. 103 or any rule or order under ch. 103. A
18juvenile who is participating in a restitution project provided by the county or who
19is performing services for the victim as restitution is exempt from the permit
20requirement under s. 103.70 (1).
AB442,37 21Section 37. 938.34 (5g) (c) of the statutes is amended to read:
AB442,7,522 938.34 (5g) (c) In addition to any other employment or duties permitted under
23ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who is
24participating in a supervised work program or other community service work may,
25for purposes of performing the supervised work or other community service work, be

1employed or perform any duties under any circumstances in which a juvenile 14 or
215 years of age is permitted to be employed or perform duties under ch. 103 or any
3rule or order under ch. 103. A juvenile who is participating in a supervised work
4program or other community service work is exempt from the permit requirement
5under s. 103.70 (1).
AB442,38 6Section 38. 938.342 (1g) (e) of the statutes is repealed.
AB442,7,77 (End)
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