Illinois General Assembly - Full Text of HB4285
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4285  103rd General Assembly

HB4285 103RD GENERAL ASSEMBLY

 


 
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.


LRB103 35684 SPS 65759 b

 

 

A BILL FOR

 

HB4285LRB103 35684 SPS 65759 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Labor Law is amended by changing
5Sections 0.5, 1, 6, and 13 as follows:
 
6    (820 ILCS 205/0.5)
7    (Text of Section before amendment by P.A. 103-556)
8    Sec. 0.5. Definitions. As used in this Act:
9    "District Superintendent of Schools" means an individual
10employed by a board of education in accordance with Section
1110-21.4 of the School Code and shall also include the chief
12executive officer of a school district in a city with over
13500,000 inhabitants.
14    "Duly authorized agent" means an individual who has been
15designated by a Regional or District Superintendent of Schools
16as their agent for the limited purpose of issuing employment
17certificates to minors under the age of 16, and may include
18officials of any public school district, charter school, or
19any State-recognized, non-public school.
20    "Hazardous material" has the meaning set forth in Section
212.05 of the Hazardous Materials Emergency Act.
22    "Regional Superintendent of Schools" means the chief
23administrative officer of an educational service region

 

 

HB4285- 2 -LRB103 35684 SPS 65759 b

1pursuant to Section 3A-2 of the School Code.
2(Source: P.A. 102-32, eff. 6-25-21.)
 
3    (Text of Section after amendment by P.A. 103-556)
4    Sec. 0.5. Definitions. As used in this Act:
5    "District Superintendent of Schools" means an individual
6employed by a board of education in accordance with Section
710-21.4 of the School Code and shall also include the chief
8executive officer of a school district in a city with over
9500,000 inhabitants.
10    "Duly authorized agent" means an individual who has been
11designated by a Regional or District Superintendent of Schools
12as their agent for the limited purpose of issuing employment
13certificates to minors under the age of 16, and may include
14officials of any public school district, charter school, or
15any State-recognized, non-public school.
16    "Family" means a group of persons related by blood or
17marriage, including civil partnerships, or whose close
18relationship with each other is considered equivalent to a
19family relationship by the individuals.
20    "Hazardous material" has the meaning set forth in Section
212.05 of the Hazardous Materials Emergency Act.
22    "Online platform" means any public-facing website, web
23application, or digital application, including a mobile
24application. "Online platform" includes a social network,
25advertising network, mobile operating system, search engine,

 

 

HB4285- 3 -LRB103 35684 SPS 65759 b

1email service, or Internet access service.
2    "Regional Superintendent of Schools" means the chief
3administrative officer of an educational service region
4pursuant to Section 3A-2 of the School Code.
5    "Vlog" means content shared on an online platform in
6exchange for compensation.
7    "Vlogger" means an individual or family that creates video
8content, performed in Illinois, in exchange for compensation,
9and includes any proprietorship, partnership, company, or
10other corporate entity assuming the name or identity of a
11particular individual or family for the purposes of that
12content creation. "Vlogger" does not include any person under
13the age of 16 who produces his or her own vlogs.
14(Source: P.A. 102-32, eff. 6-25-21; 103-556, eff. 7-1-24.)
 
15    (820 ILCS 205/1)  (from Ch. 48, par. 31.1)
16    Sec. 1. Restricted occupations for minors.
17    (a) No minor under 16 years of age, except minors 14 or 15
18years of age who are participating in federally funded work
19experience career education programs under the direction of
20the State Board of Education, at any time shall be employed,
21permitted or allowed to work in any gainful occupation in
22connection with any theater, concert hall or place of
23amusement, or any mercantile institution, store, office,
24hotel, laundry, manufacturing establishment, mill, cannery,
25factory or workshop, restaurant, lunchroom, beauty parlor,

 

 

HB4285- 4 -LRB103 35684 SPS 65759 b

1barber shop, bakery, or coal, brick or lumber yard, or in any
2type of construction work within this State, unless the
3minor's job duties satisfy the requirements of subsection (b) ;
4however, minors between 14 and 16 years of age may be employed,
5permitted, or allowed to work outside school hours and during
6school vacations but not in dangerous or hazardous factory
7work or in any occupation otherwise prohibited by law or by
8order or regulation made in pursuance of law.
9    (b) A minor 14 or 15 years of age may work at any place
10listed in subsection (a) if none of the job duties:
11        (1) require any education, formal training,
12    certification, or license;
13        (2) involve the use of any equipment or machinery that
14    poses a substantial risk of causing any serious bodily
15    injury or death;
16        (3) involve the use of or proximity to hazardous
17    materials; or
18        (4) require the minor to work hours past curfew.
19    (c) No minor under 12 years of age, except members of the
20farmer's own family who live with the farmer at his principal
21place of residence, at any time shall be employed, permitted
22or allowed to work in any gainful occupation in connection
23with agriculture, except that any minor of 10 years of age or
24more may be permitted to work in a gainful occupation in
25connection with agriculture during school vacations or outside
26of school hours.

 

 

HB4285- 5 -LRB103 35684 SPS 65759 b

1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (820 ILCS 205/6)  (from Ch. 48, par. 31.6)
3    Sec. 6. It shall be the duty of every employer of minors
4between the ages of 14 and 16 years employed for or in
5connection with any gainful occupation mentioned in Section 1
6to keep a register upon the premises where the work is being
7done on which register shall be recorded the name, age, and
8place of residence of every minor between the ages of 14 and 16
9years and the name of the parent or guardian who gives the
10minor permission to work. It shall be unlawful for any person,
11firm or corporation to hire or employ or to permit or allow to
12work in or for or in connection with any of the gainful
13occupations mentioned in Section 1, any minor between the ages
14of 14 and 16 years unless there is first procured and placed on
15file on the premises where the work is being done, employment
16certificates issued as hereinafter provided and accessible to
17the authorized officers and employees of the Department of
18Labor, and to the truant officers and other school officials
19charged with the enforcement of the compulsory education law.
20(Source: P.A. 84-551.)
 
21    (820 ILCS 205/13)  (from Ch. 48, par. 31.13)
22    Sec. 13. Every employer, during the period of employment
23of a minor under 16 years of age, shall keep on file at the
24place of employment an employment certificate issued for such

 

 

HB4285- 6 -LRB103 35684 SPS 65759 b

1minor. Any employer, upon termination of the employment of
2such minor, shall (i) immediately send by certified mail
3notification to the parent or guardian on record that the
4minor's employment has been terminated and (ii) immediately
5return the certificate issued to the issuing officer. An
6employment certificate shall be valid only for the employer
7for whom issued, and a new certificate shall not be issued for
8the employment of a minor under 16 years of age except on the
9presentation of a new statement of intention to employ. The
10failure of any employer to produce for inspection such
11employment certificate for each minor in his establishment
12shall be prima facie evidence that the minor is employed
13without a certificate.
14(Source: P.A. 78-607.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.