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House Bill 4727 (as passed by the House)
Sponsor: Representative Ken Goike
House Committee: Commerce
Senate Committee: Economic Development

Date Completed: 6-29-11

CONTENT The bill would amend the Youth Employment Standards Act to make an exception to the work permit requirement for a minor who was performing unpaid volunteer work for a fair or exhibition operated under the enabling act for county fairs or held by an agricultural or horticultural society.

The Act establishes the minimum age at which minors may be employed, limits the number of hours in a day and a week that minors may work, and prohibits the employment of minors in an occupation that is hazardous to a minor's health or well-being or contrary to standards established under the Act. (A "minor" is a person under the age of 18.)

As a rule, a minor may not be employed in an occupation regulated by the Act until the prospective employer obtains a work permit or a temporary permit from the minor. The work permit must be issued by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school at which the minor is enrolled.

Under the bill, a work permit would not be required for a minor who was performing work as an unpaid volunteer for a fair or exhibition operated and managed under Public Act 11 of 1929 or held by an agricultural or horticultural society under Public Act 80 of 1855.

Currently, a work permit is not required for either of the following:

-- A minor at least 13 years old who is employed in farming operations involved in the production of seed, but only during school vacation periods or when the minor is not regularly enrolled in school.
-- A minor who is performing work as an unpaid volunteer for an organization that is recognized as tax-exempt under, or whose purposes, structure, or activities are exclusively those that are described by, Section 501(c)(3) of the Internal Revenue Code.

The work permit exception does not provide an exemption from any other provisions of the Act. Under the bill, this also would apply to a minor performing voluntary work for a county fair or a fair or exhibition held by an agricultural or horticultural society.

(Public Act 11 of 1929 authorizes the county board of commissioners, in any county that holds the title to fairgrounds, to manage and control the fairgrounds for the purpose of conducting agricultural fairs, and to levy a tax up to 0.1 mill in order to pay the necessary
expenses of a fair. Public Act 88 of 1855 authorizes the formation of and regulates local agricultural and horticultural societies.)

MCL 409.104 Legislative Analyst: Patrick Affholter

The bill would have no fiscal impact on State or local government.

Fiscal Analyst: Josh Sefton

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4727/1112