Act No. 80

Public Acts of 2011

Approved by the Governor

July 12, 2011

Filed with the Secretary of State

July 12, 2011

EFFECTIVE DATE: July 12, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

regular session of 2011

Introduced by Reps. Goike, Outman, Denby, LaFontaine, Shaughnessy, Shirkey, Callton, Cotter, Tyler, Huuki, Daley, Poleski, Pettalia, Franz, Genetski, Agema, Glardon, Foster, Kurtz, O’Brien, Lyons, Price, Zorn, Rendon, Jacobsen, MacGregor, Horn, Johnson, Hughes, Gilbert, Wayne Schmidt, Bumstead, Potvin, Hooker, Pscholka, Haveman, Townsend, Irwin, Ouimet, Dillon, Melton, Rutledge, Liss, Santana, Switalski, Meadows, Lindberg, Hovey-Wright, Tlaib, McMillin and Damrow

ENROLLED HOUSE BILL No. 4727

AN ACT to amend 1978 PA 90, entitled “An act to provide for the legal employment and protection of minors; to provide for the issuance and revocation of work permits; to provide for the regulation of hours and conditions of employment of minors; to prescribe powers and duties of the departments of labor and education; to provide for the enforcement of this act; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 409.104), as amended by 2010 PA 221.

The People of the State of Michigan enact:

Sec. 4. (1) Except as provided in subsection (3), a minor shall not be employed in an occupation regulated by this act until the person proposing to employ the minor procures from the minor and keeps on file at the place of employment a copy of the work permit or a temporary permit. The work permit shall 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, and a copy of the work permit shall be placed in the minor’s permanent school file for as long as the minor is employed. A temporary permit is valid for 10 days from the date of issue. A work permit may be issued by the school district in which the minor’s place of employment is located, or by the public school academy or nonpublic school nearest that place of employment. An issuing officer may administer oaths in relation to work permits.

(2) Immediately after the termination of the minor’s employment, the employer shall return the permit to the issuing officer.

(3) The work permit requirement of subsection (1) does not apply to any of the following:

(a) A minor 13 years of age or older who is employed in farming operations involving detasseling, roguing, hoeing, or any similar act involved in the production of seed. This exception applies only when a minor is employed during school vacation periods or when the minor is not regularly enrolled in school. An employer shall keep on file at the place of employment evidence of the age of any minor employed under this work permit exception. Evidence of the age of the minor shall be established as provided in section 5(b).

(b) 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 in, section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3).

(c) A minor who is performing work as an unpaid volunteer for a fair or exhibition operated and managed under 1929 PA 11, MCL 46.151 to 46.153, or held by an agricultural or horticultural society under 1855 PA 80, MCL 453.231 to 453.240.

(4) A work permit exception in subsection (3) does not provide an exemption from any other provision of this act.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor