Date of enactment:
2023 Senate Bill 436 Date of publication*:
2023 WISCONSIN ACT
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.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.445 (1) (gk) of the statutes is repealed.
SECTION 2. 49.472 (3) (e) of the statutes is amended
to read:
49.472 (3) (e) The individual is legally able to work
in all employment settings without a permit under s.
103.70.
SECTION 3. 60.33 (8m) of the statutes is repealed.
SECTION 4. 61.25 (6m) of the statutes is repealed.
SECTION 5. 62.03 (1) of the statutes, as affected by
2023 Wisconsin Act 19, is amended to read:
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.
SECTION 6. 62.09 (11) (k) of the statutes is repealed.
SECTION 7. 102.60 of the statutes is repealed and
recreated to read:
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.
SECTION 8. 103.21 (3) of the statutes is repealed.
SECTION 9. 103.245 of the statutes is repealed.
SECTION 10. 103.25 of the statutes is repealed.
SECTION 11. 103.26 of the statutes is repealed.
SECTION 12. 103.27 (2) of the statutes is repealed.
SECTION 13. 103.275 (5) (a) of the statutes is
repealed.
SECTION 14. 103.275 (5) (c) 1. of the statutes is
amended to read:
103.275 (5) (c) 1. Allow the department to inspect the
certificate issued under sub. (2) or any street trade per-
mits obtained under s. 103.25.
SECTION 15. 103.275 (6) (a) (intro.) of the statutes is
amended to read:
103.275 (6) (a) (intro.) When a house−to−house
employer obtains a stamp from a municipal clerk under
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 436
s. 103.25 (3m) (b), the A house−to−house employer shall
provide notice that a minor is or will be conducting a
street trade for the house−to−house employer in the
municipality to the following:
SECTION 16. 103.275 (7) (d) 5. of the statutes is
amended to read:
103.275 (7) (d) 5. Failed to comply with s. 103.23,
103.24, 103.25 or 103.27 or the rules of the department.
SECTION 17. 103.28 (2) of the statutes is repealed.
SECTION 18. 103.64 (3) of the statutes is repealed.
SECTION 19. 103.695 of the statutes is repealed.
SECTION 20. 103.70 of the statutes is repealed.
SECTION 21. 103.71 of the statutes is repealed.
SECTION 22. 103.72 of the statutes is repealed.
SECTION 23. 103.73 of the statutes is repealed.
SECTION 24. 103.74 (intro.) and (2) of the statutes are
consolidated, renumbered 103.74 and amended to read:
103.74 Duties of employers of minors. Every
employer employing a minor under 16 years of age for
whom a permit is required, except in work described
under s. 103.67 (2) (f) to (g) or in street trades, shall: (2)
Keep keep a record for each employed minor’s name,
address, date of birth, the time of beginning and ending
work and the time for meals each day and the total hours
worked each day and each week.
SECTION 25. 103.74 (1) of the statutes is repealed.
SECTION 26. 103.75 of the statutes is repealed.
SECTION 27. 103.76 of the statutes is amended to
read:
103.76 Proof of age in court. Whenever in any pro-
ceeding in any court under any of the labor laws or under
ch. 102 there is any doubt of the age of a minor or as to
whether an individual is a minor, a permit authorizing the
employment of the minor issued under s. 103.70 or an age
certificate issued under s. 103.75 shall be conclusive evi-
dence. In the absence of such permit or certificate, a birth
certificate, a verified baptismal certificate, a valid opera-
tor’s license issued under ch. 343 that contains the photo-
graph 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 can-
not be secured, the record of age stated in the first school
enrollment of the child shall be admissible as evidence of
age.
SECTION 28. 103.79 of the statutes is amended to
read:
103.79 Minor golf caddies. The department may
investigate and fix by general or special order reasonable
regulations related to the provision of caddy services by
minors. The regulations may include a waiver or modifi-
cation of permit requirements for caddies. The investiga-
tions and orders shall be made as provided under s.
103.005. The orders are subject to review as provided in
ch. 227.
SECTION 29. 103.80 (2) of the statutes is amended to
read:
103.80 (2) The failure of any employer to produce for
inspection by the department, or school attendance offi-
cers, a permit 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.
SECTION 30. 103.805 of the statutes is repealed.
SECTION 31. 103.81 (2m) (c) of the statutes is
amended to read:
103.81 (2m) (c) Employment described under s.
103.70 (2) 103.67 (2) (f) to (g).
SECTION 32. 118.163 (2) (e) of the statutes is
repealed.
SECTION 33. 120.13 (34) of the statutes is repealed.
SECTION 34. 938.245 (2) (a) 5. b. of the statutes is
amended to read:
938.245 (2) (a) 5. b. In addition to any other employ-
ment or duties permitted under ch. 103 or any rule or
order under ch. 103, a juvenile under 14 years of age who
is participating in a restitution project provided by the
county or who is performing services for the victim as
restitution may, for the purpose of making restitution, be
employed or perform any duties under any circumstances
in which a juvenile 14 or 15 years of age is permitted to
be employed or to perform duties under ch. 103 or any
rule or order under ch. 103. A juvenile who is participat-
ing in a restitution project provided by the county or who
is performing services for the victim as restitution is
exempt from the permit requirement under s. 103.70 (1).
SECTION 35. 938.32 (1t) (a) 2. of the statutes is
amended to read:
938.32 (1t) (a) 2. In addition to any other employ-
ment or duties permitted under ch. 103 or any rule or
order under ch. 103, a juvenile under 14 years of age who
is participating in a restitution project provided by the
county or who is performing services for the victim as
restitution may, for the purpose of making restitution
under the consent decree, be employed or perform any
duties under any circumstances in which a juvenile 14 or
15 years of age is permitted to be employed or to perform
duties under ch. 103 or any rule or order under ch. 103.
A juvenile who is participating in a restitution project
provided by the county or who is performing services for
the victim as restitution is exempt from the permit
requirement under s. 103.70 (1).
SECTION 36. 938.34 (5) (b) of the statutes is amended
to read:
938.34 (5) (b) In addition to any other employment
or duties permitted under ch. 103 or any rule or order
under ch. 103, a juvenile under 14 years of age who is par-
ticipating in a restitution project provided by the county − 3 − 2023 Wisconsin Act 2023 Senate Bill 436
or who is performing services for the victim as restitution
may, for the purpose of making restitution ordered by the
court under this subsection, be employed or perform any
duties under any circumstances in which a juvenile 14 or
15 years of age is permitted to be employed or perform
duties under ch. 103 or any rule or order under ch. 103.
A juvenile who is participating in a restitution project
provided by the county or who is performing services for
the victim as restitution is exempt from the permit
requirement under s. 103.70 (1).
SECTION 37. 938.34 (5g) (c) of the statutes is
amended to read:
938.34 (5g) (c) In addition to any other employment
or duties permitted under ch. 103 or any rule or order
under ch. 103, a juvenile under 14 years of age who is par-
ticipating in a supervised work program or other commu-
nity service work may, for purposes of performing the
supervised work or other community service work, be
employed or perform any duties under any circumstances
in which a juvenile 14 or 15 years of age is permitted to
be employed or perform duties under ch. 103 or any rule
or order under ch. 103. A juvenile who is participating
in a supervised work program or other community ser-
vice work is exempt from the permit requirement under
s. 103.70 (1).
SECTION 38. 938.342 (1g) (e) of the statutes is
repealed.