HB-4786, As Passed House, October 28, 2003

HOUSE BILL No. 4786

May 28, 2003, Introduced by Reps. Kooiman, Shaffer, Tobocman, Milosch, LaJoy, Vander Veen, Stahl, Spade, Brandenburg, Nofs, Voorhees, Amos, Acciavatti, Huizenga, Murphy, Farhat and Hart and referred to the Committee on Employment Relations, Training and Safety.

                                                                             A bill to amend 1978 PA 90, entitled                                              

"Youth employment standards act,"                                           

by amending section 19 (MCL 409.119).                                       

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 19.  (1) This act shall not apply to or prohibit a                     

2   minor from engaging in any of the following activities:                     

3       (a) Domestic work or chores in connection with a private                    

4   residences residence.                                                     

5       (b) Soliciting, distributing, selling, or offering for sale                 

6   newspapers, magazines, periodicals, political, or advertising               

7   matter.                                                                     

8       (c) Shoe shining.                                                           

9       (d) Services performed as  members a member of a recognized                

10  youth oriented  organizations organization that  are is engaged           

11  in citizenship training and character building, if the services             

House Bill No. 4786 as amended October 28, 2003

1   are not intended to replace employees in occupations for which              

2   workers are ordinarily paid.                                                

3       (e) Employment in a business owned and operated by the parent               

4   or guardian of the minor.  For the purposes of this subdivision,            

5   a business  shall be is considered to be owned by the parent or            

6   guardian of the minor if the parent or guardian is either the               

7   sole owner, partner, or stockholder in the business and  shall              

8   be a business is considered to be operated by the parent or                

9   guardian of the minor if he or she devotes substantially all of             

10  his or her working hours to the operation of the business.                  

11      (f) Farm work if the employment is not in violation of a                    

12  standard established by the department of  labor consumer and              

13  industry services.  Farm work means [only] the work activity designated     

14  in  major groups 01 and 02 of the standard industrial                       

15  classification manual, United States bureau of the budget, 1972             

16  edition sector 11 - agriculture, forestry, fishing, and hunting,           

17  of the North American industry classification system - United               

18  States, 1997, published by the office of management and budget.             

19  Farm work includes any practices performed on a farm as an                  

20  incident to or in conjunction with  such  farming operations,

21  including preparation for market and delivery to storage,  or

22  market, or  to  carriers for  transportation transport to                  

23  market.                                                                     

24      (g) Employment by a school, academy, or college in which the                

25  student  minor  14 years of age or older  is enrolled if the               

26  minor is 14 years old or older.                                             

27  (h) [Nonhazardous construction] work or operations performed as an unpaid   

House Bill No. 4786 as amended October 28, 2003

1   volunteer, if the construction work or operations are performed             

2   under adult supervision for a charitable housing organization.              

3   As used in this subdivision:                                                

4                                                                                [

5                                                                               

6                                                                               

7                                                                               

8  

9       (i)] "Charitable housing organization" means a nonprofit                    

10  charitable organization the primary purpose of which is the                 

11  construction or renovation of residential housing for conveyance            

12  to a low-income person.                                                     

13      [(ii)] "Family income" and "statewide median gross income"                   

14  mean those terms as defined in section 11 of the state housing              

15  development authority act of 1966, 1966 PA 346, MCL 125.1411.               

16      [(iii)] "Low-income person" means a person with a family income              

17  of not more than 60% of the statewide median gross income.

[(iv) "Nonhazardous construction work or operations" means construction work or operations that are performed at a construction site of a new single family home and do not involve the use of power tools, woodworking machinery, or hazardous substances or other activities that would constitute a great risk of serious injury.  Activities that would constitute a great risk of serious injury include, but are not limited to, all of the following:

     (A) Excavation.

     (B) Highway, bridge, or street construction.

     (C) Wrecking.

     (D) Demolition.

     (E) New commercial or new multiple residential construction.]

18      (2) If a minor is required by law to attend school, the work                

19  may only be performed outside of school hours, unless the minor             

20  is enrolled and employed under a work-related educational                   

21  program.