AB442,,1 2023 ASSEMBLY BILL 442

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,,2 An Act to repeal 20.445 (1) (gk), 60.33 (8m), 61.25 (6m), 62.09 (11) (k), 103.21 (3), 103.245, 103.25, 103.26, 103.27 (2), 103.275 (5) (a), 103.28 (2), 103.64 (3), 103.695, 103.70, 103.71, 103.72, 103.73, 103.74 (1), 103.75, 103.805, 118.163 (2) (e), 120.13 (34) and 938.342 (1g) (e); to consolidate, renumber and amend 103.74 (intro.) and (2); to amend 49.472 (3) (e), 62.03 (1), 103.275 (5) (c) 1., 103.275 (6) (a) (intro.), 103.275 (7) (d) 5., 103.76, 103.79, 103.80 (2), 103.81 (2m) (c), 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., 938.34 (5) (b) and 938.34 (5g) (c); and to repeal and recreate 102.60 of the statutes; relating to: permits authorizing the employment of minors.

AB442,,3 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.

AB442,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB442,1 Section 1. 20.445 (1) (gk) of the statutes is repealed.

AB442,2 Section 2. 49.472 (3) (e) of the statutes is amended to read:

AB442,,7 49.472 (3) (e) The individual is legally able to work in all employment settings without a permit under s. 103.70.

AB442,3 Section 3. 60.33 (8m) of the statutes is repealed.

AB442,4 Section 4. 61.25 (6m) of the statutes is repealed.

AB442,5 Section 5. 62.03 (1) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

AB442,,11 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j), (k), and (m), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class cities under special charter.

AB442,6 Section 6. 62.09 (11) (k) of the statutes is repealed.

AB442,7 Section 7. 102.60 of the statutes is repealed and recreated to read:

AB442,,14 102.60 Minor illegally employed. When the injury is sustained by a minor who is illegally employed, the employer, in addition to paying compensation to the minor and death benefits to the dependents of the minor, shall pay to the department, for deposit into the fund established under s. 102.65, an amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the minor is, at the time of the injury, illegally employed.

AB442,8 Section 8. 103.21 (3) of the statutes is repealed.

AB442,9 Section 9. 103.245 of the statutes is repealed.

AB442,10 Section 10. 103.25 of the statutes is repealed.

AB442,11 Section 11. 103.26 of the statutes is repealed.

AB442,12 Section 12. 103.27 (2) of the statutes is repealed.