HB4285 103RD GENERAL ASSEMBLY

LRB103 35684 SPS 65759 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4285

Introduced 1/16/2024, by Rep. Travis Weaver

SYNOPSIS AS INTRODUCED:

820 ILCS 205/0.5
820 ILCS 205/1	from Ch. 48, par. 31.1
820 ILCS 205/6	from Ch. 48, par. 31.6
820 ILCS 205/13	from Ch. 48, par. 31.13

Amends the Child Labor Law. Provides that a minor 14 or 15 years of age may work at an otherwise prohibited workplace if none of the minor's job duties: (1) require any education, formal training, certification, or license; (2) involve the use of any equipment or machinery that poses a substantial risk of causing any serious bodily injury or death; (3) involve the use of or proximity to hazardous materials; or (4) require the minor to work hours past curfew. Provides that every employer of minors between the ages of 14 and 16 years shall record the name of the parent or guardian who gives the minor permission to work. Provides that any employer, upon termination of the employment of a minor, shall immediately send by certified mail notification to the parent or guardian on record that the minor's employment has been terminated. Defines terms.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Labor Law is amended by changing Sections 0.5, 1, 6, and 13 as follows:

(820 ILCS 205/0.5)

(Text of Section before amendment by P.A. 103-556)

Sec. 0.5. Definitions. As used in this Act:

"District Superintendent of Schools" means an individual employed by a board of education in accordance with Section 10-21.4 of the School Code and shall also include the chief executive officer of a school district in a city with over 500,000 inhabitants.

"Duly authorized agent" means an individual who has been designated by a Regional or District Superintendent of Schools as their agent for the limited purpose of issuing employment certificates to minors under the age of 16, and may include officials of any public school district, charter school, or any State-recognized, non-public school.

"Hazardous material" has the meaning set forth in Section 2.05 of the Hazardous Materials Emergency Act.

"Regional Superintendent of Schools" means the chief administrative officer of an educational service region pursuant to Section 3A-2 of the School Code.

(Source: P.A. 102-32, eff. 6-25-21.)

(Text of Section after amendment by P.A. 103-556)

Sec. 0.5. Definitions. As used in this Act:

"District Superintendent of Schools" means an individual employed by a board of education in accordance with Section 10-21.4 of the School Code and shall also include the chief executive officer of a school district in a city with over 500,000 inhabitants.

"Duly authorized agent" means an individual who has been designated by a Regional or District Superintendent of Schools as their agent for the limited purpose of issuing employment certificates to minors under the age of 16, and may include officials of any public school district, charter school, or any State-recognized, non-public school.

"Family" means a group of persons related by blood or marriage, including civil partnerships, or whose close relationship with each other is considered equivalent to a family relationship by the individuals.

"Hazardous material" has the meaning set forth in Section 2.05 of the Hazardous Materials Emergency Act.

"Online platform" means any public-facing website, web application, or digital application, including a mobile application. "Online platform" includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.

"Regional Superintendent of Schools" means the chief administrative officer of an educational service region pursuant to Section 3A-2 of the School Code.

"Vlog" means content shared on an online platform in exchange for compensation.

"Vlogger" means an individual or family that creates video content, performed in Illinois, in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of that content creation. "Vlogger" does not include any person under the age of 16 who produces his or her own vlogs.

(Source: P.A. 102-32, eff. 6-25-21; 103-556, eff. 7-1-24.)

(820 ILCS 205/1) (from Ch. 48, par. 31.1)

Sec. 1. Restricted occupations for minors.

(a) No minor under 16 years of age, except minors 14 or 15 years of age who are participating in federally funded work experience career education programs under the direction of the State Board of Education, at any time shall be employed, permitted or allowed to work in any gainful occupation in connection with any theater, concert hall or place of amusement, or any mercantile institution, store, office, hotel, laundry, manufacturing establishment, mill, cannery, factory or workshop, restaurant, lunchroom, beauty parlor, barber shop, bakery, or coal, brick or lumber yard, or in any type of construction work within this State, unless the minor's job duties satisfy the requirements of subsection (b) ; however, minors between 14 and 16 years of age may be employed, permitted, or allowed to work outside school hours and during school vacations but not in dangerous or hazardous factory work or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law.

(b) A minor 14 or 15 years of age may work at any place listed in subsection (a) if none of the job duties:

(1) require any education, formal training, certification, or license;

(2) involve the use of any equipment or machinery that poses a substantial risk of causing any serious bodily injury or death;

(3) involve the use of or proximity to hazardous materials; or

(4) require the minor to work hours past curfew.

(c) No minor under 12 years of age, except members of the farmer's own family who live with the farmer at his principal place of residence, at any time shall be employed, permitted or allowed to work in any gainful occupation in connection with agriculture, except that any minor of 10 years of age or more may be permitted to work in a gainful occupation in connection with agriculture during school vacations or outside of school hours.

(Source: P.A. 91-357, eff. 7-29-99.)

(820 ILCS 205/6) (from Ch. 48, par. 31.6)

Sec. 6. It shall be the duty of every employer of minors between the ages of 14 and 16 years employed for or in connection with any gainful occupation mentioned in Section 1 to keep a register upon the premises where the work is being done on which register shall be recorded the name, age, and place of residence of every minor between the ages of 14 and 16 years and the name of the parent or guardian who gives the minor permission to work. It shall be unlawful for any person, firm or corporation to hire or employ or to permit or allow to work in or for or in connection with any of the gainful occupations mentioned in Section 1, any minor between the ages of 14 and 16 years unless there is first procured and placed on file on the premises where the work is being done, employment certificates issued as hereinafter provided and accessible to the authorized officers and employees of the Department of Labor, and to the truant officers and other school officials charged with the enforcement of the compulsory education law.

(Source: P.A. 84-551.)

(820 ILCS 205/13) (from Ch. 48, par. 31.13)

Sec. 13. Every employer, during the period of employment of a minor under 16 years of age, shall keep on file at the place of employment an employment certificate issued for such minor. Any employer, upon termination of the employment of such minor, shall (i) immediately send by certified mail notification to the parent or guardian on record that the minor's employment has been terminated and (ii) immediately return the certificate issued to the issuing officer. An employment certificate shall be valid only for the employer for whom issued, and a new certificate shall not be issued for the employment of a minor under 16 years of age except on the presentation of a new statement of intention to employ. The failure of any employer to produce for inspection such employment certificate for each minor in his establishment shall be prima facie evidence that the minor is employed without a certificate.

(Source: P.A. 78-607.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.