Rep. Jay Hoffman
Filed: 5/6/2021
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1 | AMENDMENT TO SENATE BILL 696
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2 | AMENDMENT NO. ______. Amend Senate Bill 696 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | adding Section 11-5-11 as follows: | ||||||
6 | (65 ILCS 5/11-5-11 new) | ||||||
7 | Sec. 11-5-11. Portable audiovisual rigging at special | ||||||
8 | events. | ||||||
9 | (a) In municipalities that require permits for special | ||||||
10 | events, no person may perform, or employ, direct or allow a | ||||||
11 | person to perform, portable audiovisual rigging at a permitted | ||||||
12 | special event unless the person performing such work holds a | ||||||
13 | valid rigging certification from the Entertainment Technician | ||||||
14 | Certification Program operated by the Entertainment Services | ||||||
15 | and Technology Association. | ||||||
16 | (b) As used in this Section: |
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1 | "Portable audiovisual rigging" means the temporary | ||||||
2 | installation or operation of portable mechanical rigging and | ||||||
3 | static rigging for the overhead suspension of portable | ||||||
4 | audiovisual equipment, including, but not limited to: audio, | ||||||
5 | video, lighting, backdrops, scenery, and other effects at a | ||||||
6 | special event. "Portable audiovisual rigging" does not include | ||||||
7 | freight handling or the transportation of heavy equipment. | ||||||
8 | "Special event" means a planned temporary aggregation of | ||||||
9 | attractions, including, but not limited to, public | ||||||
10 | entertainment, food and beverage service facilities, sales of | ||||||
11 | souvenirs or other merchandise, or similar attractions, that | ||||||
12 | is: | ||||||
13 | (1) conducted on the public way; or | ||||||
14 | (2) conducted primarily outdoors on property open to | ||||||
15 | the public, other than the public way, and which: | ||||||
16 | (A) includes activities that require the issuance | ||||||
17 | of a municipal temporary food establishment license, | ||||||
18 | municipal special event liquor license, or similar | ||||||
19 | license; or | ||||||
20 | (B) requires special municipal services, | ||||||
21 | including, but not limited to: street closures; the | ||||||
22 | provision of barricades, garbage cans, stages, or | ||||||
23 | special no parking signs; special electrical services; | ||||||
24 | or special police protection. | ||||||
25 | "Special event" does not include a parade or athletic | ||||||
26 | event for which a separate permit is required, a neighborhood |
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1 | block party at which no food, beverages, or merchandise are | ||||||
2 | sold; indoor or outdoor events taking place on properties | ||||||
3 | owned by the Metropolitan Pier and Exposition Authority; | ||||||
4 | indoor or outdoor events taking place on hotel or convention | ||||||
5 | center property in the State; a citywide festival conducted | ||||||
6 | under an intergovernmental agreement authorized by ordinance; | ||||||
7 | the installation of tents; or hangings of banners. | ||||||
8 | (c) A home rule municipality may not regulate portable | ||||||
9 | audiovisual rigging in a manner inconsistent with this | ||||||
10 | Section. This Section is a limitation under subsection (i) of | ||||||
11 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
12 | concurrent exercise by home rule units of powers and functions | ||||||
13 | exercised by the State.
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14 | Section 10. The Child Labor Law is amended by changing | ||||||
15 | Sections 8, 11, and 12 as follows:
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16 | (820 ILCS 205/8) (from Ch. 48, par. 31.8)
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17 | Sec. 8. Authority to issue employment certificates. | ||||||
18 | (a) Notwithstanding the provisions of this Act, the City | ||||||
19 | or County
Superintendent of Schools, or their duly authorized | ||||||
20 | agents, are authorized
to issue an employment certificate for | ||||||
21 | any minor under sixteen (16) years
of age, said certificate | ||||||
22 | authorizing and permitting the appearance of such
minor in a | ||||||
23 | play or musical comedy with a professional traveling | ||||||
24 | theatrical
production on the stage of a duly licensed theatre |
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1 | wherein not more than
two performances are given in any one day | ||||||
2 | and not more than eight
performances are given in any one week, | ||||||
3 | or nine when a holiday occurs
during the week, or in a musical | ||||||
4 | recital or concert: Provided, that such
minor is accompanied | ||||||
5 | by his parent or guardian or by a person in whose care
the | ||||||
6 | parent or guardian has placed the minor and whose connection | ||||||
7 | with the
performance or with the operation of the theatre in | ||||||
8 | which the minor is to
appear is limited to the care of such | ||||||
9 | minor or of minors appearing therein:
And provided further, | ||||||
10 | that such minor shall not appear on said stage or in
a musical | ||||||
11 | recital or concert, attend rehearsals, or be present in
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12 | connection with such appearance or rehearsals, in the theatre | ||||||
13 | where the
play or musical comedy is produced or in the place | ||||||
14 | where the concert or
recital is given, for more than a total of | ||||||
15 | six (6) hours in any one day, or
on more than six (6) days in | ||||||
16 | any one week, or for more than a total of
twenty-four (24) | ||||||
17 | hours in any one week, or after the hour of 11
postmeridian; | ||||||
18 | and provided further, no such minor shall be excused from
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19 | attending school except as authorized pursuant to Section 26-1 | ||||||
20 | of the
School Code. Application for such certificate shall be | ||||||
21 | made by the
manager of the theatre, or by the person in the | ||||||
22 | district responsible for
the musical recital or concert, and | ||||||
23 | by the parent or guardian of such minor
to the City or County | ||||||
24 | Superintendent of Schools or his authorized agent at
least | ||||||
25 | fourteen (14) days in advance of such appearance. The City or | ||||||
26 | County
Superintendent of Schools or his agent may issue a |
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1 | permit if satisfied that
adequate provision has been made for | ||||||
2 | the educational instruction of such
minor, for safeguarding | ||||||
3 | his health and for the proper moral supervision of
such minor, | ||||||
4 | and that proper rest and dressing room facilities are provided
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5 | in the theatre for such minor.
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6 | (b) Notwithstanding the provisions of this Act, the City | ||||||
7 | or Regional
Superintendent of Schools, or their duly | ||||||
8 | authorized agents, are authorized
to issue an employment | ||||||
9 | certificate for any minor under 16 years of age,
such | ||||||
10 | certificate authorizing and permitting the appearance of such | ||||||
11 | minor as
a model or in a motion picture, radio or television | ||||||
12 | production: Provided,
that no such minor shall be excused from | ||||||
13 | attending school except as
authorized pursuant to Section 26-1 | ||||||
14 | of The School Code. The Department of
Labor shall promulgate | ||||||
15 | rules and regulations to carry out the provisions of
this | ||||||
16 | subsection. Such rules and regulations shall be designed to | ||||||
17 | protect
the health and welfare of child models or actors and to | ||||||
18 | insure that the
conditions under which minors are employed, | ||||||
19 | used or exhibited will not
impair their health, welfare, | ||||||
20 | development or proper education.
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21 | (c) In situations where a minor from another state seeks | ||||||
22 | to obtain an Illinois employment certificate, the Department | ||||||
23 | shall work with a City or Regional Superintendent of Schools, | ||||||
24 | or the State Superintendent of Education, or his or her duly | ||||||
25 | authorized agents, to issue the certificate. The | ||||||
26 | Superintendent may waive the requirement in Section 12 of this |
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1 | Act that a minor submit his or her application in person, if | ||||||
2 | the minor resides in another state. | ||||||
3 | (Source: P.A. 96-1247, eff. 7-23-10.)
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4 | (820 ILCS 205/11) (from Ch. 48, par. 31.11)
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5 | Sec. 11. Employment certificate issuance; duration; | ||||||
6 | revocation. | ||||||
7 | (a) The employment certificate shall be issued by the City | ||||||
8 | or County
Superintendent of Schools or by their duly | ||||||
9 | authorized agents and shall be
valid for a period of one year. | ||||||
10 | The person
issuing these certificates shall have authority to | ||||||
11 | administer the oaths
provided for herein, but no fee shall be | ||||||
12 | charged. It shall be the duty of
the school board or local | ||||||
13 | school authority, to designate a place or places
where | ||||||
14 | certificates shall be issued and recorded, and physical | ||||||
15 | examinations
made without fee, as hereinafter provided, and to | ||||||
16 | establish and maintain
the necessary records and clerical | ||||||
17 | services for carrying out the provisions
of this Act.
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18 | The issuing officer shall notify the principal of the | ||||||
19 | school attended by
the minor for whom an employment | ||||||
20 | certificate for out of school work is
issued by him.
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21 | The parent or legal guardian of a minor, or the principal | ||||||
22 | of the school
attended by the minor for whom an employment
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23 | certificate has been issued may ask for the revocation of the | ||||||
24 | certificate
by petition to the Department of Labor in writing, | ||||||
25 | stating the reasons he
believes that the employment is |
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1 | interfering with the best physical,
intellectual or moral | ||||||
2 | development of the minor. The Department of Labor
shall | ||||||
3 | thereupon revoke the employment certificate by notice in | ||||||
4 | writing to
the employer of the minor.
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5 | (b) In situations where a minor from another state seeks | ||||||
6 | to obtain an Illinois employment certificate, the Department | ||||||
7 | shall work with a City or Regional Superintendent of Schools, | ||||||
8 | or the State Superintendent of Education, or his or her duly | ||||||
9 | authorized agents, to issue the certificate. The | ||||||
10 | Superintendent may waive the requirement in Section 12 of this | ||||||
11 | Act that a minor submit his or her application in person, if | ||||||
12 | the minor resides in another state. | ||||||
13 | (Source: P.A. 96-1247, eff. 7-23-10.)
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14 | (820 ILCS 205/12) (from Ch. 48, par. 31.12)
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15 | Sec. 12.
The person authorized to issue employment | ||||||
16 | certificates shall
issue a certificate only after examining | ||||||
17 | and approving the
written application and other papers | ||||||
18 | required under this Section. The
application shall be signed | ||||||
19 | by the applicant's parent or legal guardian. The
application | ||||||
20 | shall be submitted in person by the minor desiring employment , | ||||||
21 | unless the issuing officer determines that the minor may | ||||||
22 | utilize a remote application process . The
minor shall be | ||||||
23 | accompanied by his or
her parent, guardian, or custodian , | ||||||
24 | whether applying in person or remotely . The following papers | ||||||
25 | shall be submitted
with the application:
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1 | 1. A statement of intention to employ signed by the | ||||||
2 | prospective
employer, or by someone duly authorized by him, | ||||||
3 | setting forth the
specific nature of the occupation in which | ||||||
4 | he intends to employ such
minor and the exact hours of the day | ||||||
5 | and number of hours per day and
days per week during which the | ||||||
6 | minor shall be employed.
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7 | 2. Evidence of age showing that the minor is of the age | ||||||
8 | required by
this Act, which evidence shall be documentary, and | ||||||
9 | shall be required in
the order designated, as follows:
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10 | a. a birth certificate or transcript thereof furnished | ||||||
11 | by the State
or County or a signed statement of the | ||||||
12 | recorded date and place of birth
issued by a registrar of | ||||||
13 | vital records, or other officer
charged with the duty of | ||||||
14 | recording births, such registration having been
completed | ||||||
15 | within 10 years after the date of birth;
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16 | b. a certificate of baptism, or transcript thereof, | ||||||
17 | duly certified,
showing the date of birth and place of | ||||||
18 | baptism of the child;
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19 | c. other documentary proof of age (other than a school | ||||||
20 | record or an
affidavit of age) such as a bona fide record | ||||||
21 | of the date and place of
the child's birth, kept in the | ||||||
22 | Bible in which the records of births,
marriages and deaths | ||||||
23 | in the family of the child are preserved; a
certificate of | ||||||
24 | confirmation or other church ceremony at least one year
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25 | old, showing the age of the child and the date and place of | ||||||
26 | the
confirmation or ceremony; or a certificate of arrival |
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1 | in the United
States, issued by the United States | ||||||
2 | Immigration Officer, showing the age
of the child; or a | ||||||
3 | life insurance policy at least one year old showing
the | ||||||
4 | age of the child;
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5 | d. If none of the proofs of age described in items a, b | ||||||
6 | and c are
obtainable, and only in that case, the issuing | ||||||
7 | officer may accept a
certificate signed by a physician, | ||||||
8 | who shall be a public health officer or
a public school | ||||||
9 | physician, stating that he has examined the child and that
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10 | in his opinion the child is at least of the age required by | ||||||
11 | this Act. The
certificate shall show the height and weight | ||||||
12 | of the child, the condition of
the child's teeth, and any | ||||||
13 | other facts concerning the child's physical
development | ||||||
14 | revealed by the examination and upon which his opinion as | ||||||
15 | to
the child's age is based, and shall be accompanied by a | ||||||
16 | school record of age.
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17 | 3. A statement on a form approved by the Department of | ||||||
18 | Labor and signed
by the principal of the school that the minor | ||||||
19 | attends, or during school
holidays when the principal is not | ||||||
20 | available, then by the regional
superintendent of schools or | ||||||
21 | by a person designated by him for that
purpose, showing the | ||||||
22 | minor's name, address, social security number, grade
last | ||||||
23 | completed, and the
names of his parents, provided that the | ||||||
24 | statement shall be required only in
the case of a minor who is | ||||||
25 | employed on school days outside school hours, or
on Saturdays | ||||||
26 | or other school holidays during the school term.
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1 | 4. A statement of physical fitness signed by a public | ||||||
2 | health or
public school physician who has examined the minor, | ||||||
3 | certifying that the
minor is physically fit to be employed in | ||||||
4 | all legal occupations or to be
employed in legal occupations | ||||||
5 | under limitations specified. If the
statement of physical | ||||||
6 | fitness is limited, the employment certificate
issued thereon | ||||||
7 | shall state clearly the limitations upon its use, and
shall be | ||||||
8 | valid only when used under the limitations so stated.
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9 | In any case where the physician deems it advisable he
may | ||||||
10 | issue a certificate of physical fitness for a specified period | ||||||
11 | of time,
at the expiration of which the person for whom it was | ||||||
12 | issued shall appear
and be re-examined before being permitted | ||||||
13 | to continue work.
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14 | Examinations shall be made in accordance with the | ||||||
15 | standards and
procedures prescribed by the State Director of | ||||||
16 | the Department of Labor, in
consultation with the State | ||||||
17 | Director of the Department of Public Health and
the State | ||||||
18 | Superintendent of Education, and shall be recorded on a form
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19 | furnished by the Department of Labor. When made by public | ||||||
20 | health or public
school physicians, the examination shall be | ||||||
21 | made without charge to the
minor. In case a public health or | ||||||
22 | public school physician is not
available, a statement from a | ||||||
23 | private physician who has examined the minor
may be accepted, | ||||||
24 | provided that the examination is made in accordance with
the | ||||||
25 | standards and procedures established by the Department of | ||||||
26 | Labor.
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1 | If the issuing officer refuses to issue a certificate to a | ||||||
2 | minor, the
issuing officer shall send to the principal of the | ||||||
3 | school last attended by
the minor the name and address of the | ||||||
4 | minor and the reason for the refusal
to issue the certificate.
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5 | (Source: P.A. 87-895; 88-365.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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