Bill Summary – FastDemocracy

67th Legislature                                                                                                      HB 282.1
                                                      HOUSE BILL NO. 282
   INTRODUCED BY F. ANDERSON, E. BUTTREY, D. BEDEY, S. BERGLEE, M. BERTOGLIO, J. CARLSON, R.
                                FITZGERALD, S. GALLOWAY, S. GIST, S. GREEF, L. JONES
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO THE EMPLOYMENT OF
   MINORS; ALLOWING STUDENT-EMPLOYEES 16 YEARS OF AGE OR OLDER TO PERFORM WORK
   FUNCTIONS UNDER CERTAIN CIRCUMSTANCES; REVISING EXEMPTIONS IN AGRICULTURE TO
   ALLOW A STUDENT-LEARNER TO PERFORM REGULAR WORK FUNCTIONS; AND AMENDING
   SECTIONS 41-2-103, 41-2-107, 41-2-109, AND 41-2-110, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 41-2-103, MCA, is amended to read:
              "41-2-103.    Definitions. As used in this part, the following definitions apply:
              (1)   "Agriculture" means:
              (a)   all aspects of farming, including the cultivation and tillage of the soil;
              (b)   (i) dairying; and
              (ii) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities,
   including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U.S.C.
   1141j(g);
              (c)   the raising of livestock, bees, fur-bearing animals, or poultry; and
              (d)   any practices, including forestry or lumbering operations, performed by a farmer or on a farm as
   an incident to or in conjunction with farming operations, including preparation for market or delivery to storage,
   to market, or to carriers for transportation to market.
              (2)   "Department" means the department of labor and industry provided for in 2-15-1701.
              (3)   "Domestic service" means an occasional, irregular, or incidental nonhazardous occupational
   activity related to and conducted in or around a private residence, including but not limited to babysitting, pet
   sitting or similar household chore, and manual yard work. Domestic service specifically excludes industrial
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67th Legislature                                                                                                      HB 282.1
   homework.
              (4)   (a) "Employed" or "employment" means an occupation engaged in, permitted, or suffered, with or
   without compensation in money or other valuable consideration, whether paid to the minor or to some other
   person, including but not limited to occupations as servant, agent, subagent, or independent contractor.
              (b)   The term does not include casual, community service, nonrevenue raising, uncompensated
   activities.
              (5)   "Employer" includes an individual, partnership, association, corporation, business trust, person, or
   group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
              (6)   "Minor" means an individual under 18 years of age, except for an individual who:
              (a)   has received a high school diploma or a high school equivalency diploma; or
              (b)   is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program;
   or
              (c)   is 16 years of age or older and is a student-employee under the direct and close supervision of a
   qualified and experienced person with experience in the occupation in which the minor is employed as provided
   in 41-2-110.
              (7)   "Occupation" means:
              (a)   an occupation, service, trade, business, or industry in which employees are employed;
              (b)   any branch or group of industries in which employees are employed; or
              (c)   any employment or class of employment in which employees are employed."
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              Section 2. Section 41-2-107, MCA, is amended to read:
              "41-2-107.    Prohibited employment of minors who are 16 and 17 years of age. Unless working as
   an apprentice, or student-learner, or student-employee under the provisions of 41-2-110, a minor 16 or 17
   years of age may not be employed in or in connection with any of the following occupations:
              (1)   manufacturing or storing explosives or articles containing explosive components;
              (2)   logging and the operation of a sawmill, lath mill, or shingle mill;
              (3)   the operation of power-driven woodworking machines;
              (4)   an occupation involving exposure to a radioactive substance or ionizing radiation;
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67th Legislature                                                                                                      HB 282.1
              (5)   the operation of a freight elevator, except for a freight elevator permitted for use under the child
   labor provisions of the federal Fair Labor Standards Act of 1938, or other power-driven hoisting apparatus;
              (6)   the operation of a power-driven metal forming, punching, and shearing machine;
              (7)   a mining occupation;
              (8)   slaughtering, meatpacking, meat processing, or rendering;
              (9)   the operation of a power-driven bakery machine;
              (10) the operation of a power-driven paper products machine;
              (11) the manufacture of brick, tile, or similar products;
              (12) the operation of a circular saw, bandsaw, or guillotine shears;
              (13) a wrecking or demolition operation;
              (14) an excavation operation;
              (15) a roofing operation;
              (16) riding outside a motor vehicle to assist in transporting or delivering goods; and
              (17) a coal mining operation."
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              Section 3. Section 41-2-109, MCA, is amended to read:
              "41-2-109.     Exemptions from prohibited occupations in agriculture. (1) The prohibitions from
   employment in agricultural operations provided for in 41-2-106(7) do not apply to the employment of a student-
   learner who is 14 or 15 years of age if all of the following requirements are met:
              (a)   The student-learner is enrolled in a K-12 career and vocational/technical education training
   program in agriculture under a recognized state or local educational authority or in a substantially similar
   program conducted by a private school.
              (b)   The student-learner is employed under a written agreement, providing that:
              (i)   the work is incidental to training;
              (ii) the work is intermittent, for short periods of time, and under the direct and close supervision of a
   qualified and experienced person;
              (iii) safety instruction is given by the school and correlated by the employer with on-the-job training;
   and
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67th Legislature                                                                                                      HB 282.1
              (iv) a schedule of organized and progressive work processes to be performed on the job has been
   prepared.
              (c)   The written agreement contains the name of the student-learner and is signed by the employer
   and by a person authorized to represent the educational authority or school.
              (d)   Copies of each agreement are kept on file both by the educational authority or school and by the
   employer.
              (2)   The prohibitions in 41-2-106(7) do not apply to the employment of a minor who is 14 or 15 years of
   age in those occupations in which the minor has successfully completed a work training program, including
   safety instruction and training in the use of machinery, under the 4-H program of the federal extension service,
   a program of the United States department of education, or a similar program if the safety program has been
   approved by the department and if the minor is employed outside school hours on the equipment for which the
   minor has been trained."
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              Section 4. Section 41-2-110, MCA, is amended to read:
              "41-2-110.    Exemptions from prohibited employment of minors who are 16 or 17 years of age.
   (1) The prohibitions in 41-2-107 do not apply to the employment of an apprentice, or student-learner, or
   student-employee who is 16 or 17 years of age if the minor is employed under the following conditions:
              (a)   for an apprentice, if:
              (i)   the minor is employed in a craft recognized as an apprenticeable trade;
              (ii) the work is incidental to the minor's training;
              (iii) the work is intermittent, for short periods of time, and under the direct and close supervision of a
   journeyman as a necessary part of the apprentice training; and
              (iv) the minor is registered by the bureau of apprenticeship and training of the United States
   department of labor as employed in accordance with the standards established by that bureau or is registered
   by the department as employed in accordance with the standards of the department;
              (b)   for a student-learner, if:
              (i)   the student-learner is enrolled in a course of study and training in a cooperative vocational training
   program under a recognized state or local educational authority or in a course of study in a substantially similar
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67th Legislature                                                                                                     HB 282.1
   program conducted by a private school;
              (ii) the student-learner is employed under a written agreement, providing that:
              (A)   the work of the student-learner is incidental to the student-learner's training;
              (B)   the work is intermittent, for short periods of time, and under the direct and close supervision of a
   qualified and experienced person;
              (C)   safety instruction is given by the school and correlated by the employer with on-the-job training;
   and
              (D)   a schedule of organized and progressive work processes to be performed on the job has been
   prepared;
              (iii) the written agreement contains the name of the student-learner and is signed by the employer and
   the school coordinator or principal; and
              (iv) copies of each agreement are kept on file both by the educational authority or school and by the
   employer. ;
              (c)   (i) for a student-employee, if:
              (A)   the student-employee is under the direct and close supervision of a qualified and experienced
   person with experience in the occupation in which the minor is employed; and
              (B)   safety instruction is given by the employer of the student-employee.
              (ii) A student-employee that qualifies under this subsection (1)(c) may perform any work function as
   required by the occupation.
              (2)   This exemption for the employment of student-learners may be revoked by the department in any
   situation if the department finds that reasonable precautions have not been observed for the safety of minors
   employed under the exemption.
              (3)   A high school graduate who is 16 or 17 years of age may be employed in an occupation in which
   the graduate has completed training as a student-learner as provided in this section."
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Statutes affected: 
HB0282_1.pdf: 41-2-103, 41-2-107, 41-2-109, 41-2-110
HB0282_X.pdf: 41-2-103, 41-2-107, 41-2-109, 41-2-110
Introduced: 41-2-103, 41-2-107, 41-2-109, 41-2-110