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New law to watch traveling sales crews

August 03, 2002

By Stan Milam/Special to the Gazette

The father of one of the magazine sales crew victims in a 1999 fatal van crash on Interstate 90/39 near Janesville says legislation passed by the Senate to regulate crews is "a good start" but more needs to be done.

Phil Ellenbecker of Verona said Friday a bill authored by Sen. Herb Kohl, D-Wis., "is a step in the right direction," but more work is needed in terms of criminal penalties and regulation.

Ellenbecker's daughter, 18-year-old Malinda Turvey, died of head injuries when the van she was riding in crashed on I-90/39 near the rest area north of Janesville. Six others died in the March 25, 1999, crash.

The victims were working for YES, Youth Employment Services, selling magazine subscriptions door-to-door. The crash occurred when the driver of the van, Jeremy Holmes, tried to switch driving duties with a passenger while the van was traveling down the highway.

Holmes was sentenced to seven years in prison. The crew supervisor, Choan Lane, was sentenced to 3½ years in prison.

Kohl's bill, approved unanimously by the Senate on Thursday, prohibits children younger than 18 from selling door-to-door as part of a traveling sales crew that takes employees away from their residence for more than 24 hours.

"The horrible van crash that claimed those young lives shed light on an industry that too often tolerated the exploitation of children," Kohl said in a news release announcing the Senate passage of his bill. "We have heard cases of industry recruiters preying on kids with false and misleading promises," Kohl said. "We have seen instances of verbal and physical abuse of these young workers. And, we have found working conditions that should be illegal--and will be soon."

A bill similar to Kohl's is pending in the House. Ellenbecker said he was particularly concerned about how the legislation would affect the country's labor laws. "Unless we get to the core of this issue, nothing will change," he said. "Right now, these young people are considered private contractors and have no rights. It's one thing to address children under 18, but we need to look at the overall problem."

Turvey was 18 when she died.

A spokesperson for Kohl said the bill amends labor standards and supersedes state laws. "The bill also brings in the Department of Labor in any enforcement action," said Lynn Becker, Kohl's press secretary.

"I appreciate what the senator has done, but I hope we can build on this legislation," Ellenbecker said. "We need to look at all the young people working in this industry, not just those under 18."

Ellenbecker was asked if the current legislation provided some relief from the pain caused by his loss. "No, not really," he said. "Until we really clamp down on this industry and enact meaningful regulations and enforceable criminal penalties, nothing will make much of a difference.



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