YOUTH WORK PERMIT EXCEPTION S.B. 860:
COMMITTEE SUMMARY
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Senate Bill 860 (as introduced 9-23-09)
Sponsor: Senator Jason E. Allen
Committee: Commerce and Tourism
Date Completed: 1-26-10
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 charitable organization.
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 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.
Currently, a work permit is not required for 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.
That 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.
(Section 501(c)(3) of the Internal Revenue Code provides an exemption from Federal income taxes for a corporation, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, public safety testing, literary, or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals, if none of its net earnings benefit any private shareholder or individual, no substantial part of its activities is carrying on propaganda, or otherwise attempting to influence legislation, and it does not participate or intervene in any political campaign on behalf of or against any candidate for public office.)
MCL 409.104 Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Elizabeth Pratt
Maria Tyszkiewicz
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. SB860/0910