Full Text of SB0696 102nd General Assembly
SB0696 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0696 Introduced 2/25/2021, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
| 820 ILCS 205/8 | from Ch. 48, par. 31.8 | 820 ILCS 205/11 | from Ch. 48, par. 31.11 | 820 ILCS 205/12 | from Ch. 48, par. 31.12 |
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Amends the Child Labor Law to provide that a person authorized to issue employment certificates to minors may determine that a minor may utilize a remote application process. Provides that a minor shall be accompanied by his or her parent, guardian, or custodian, whether applying in person or remotely. Removes certain provisions allowing the City or County Superintendent of Schools to waive the in-person application requirement if a minor resides in another state. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Labor Law is amended by changing | 5 | | Sections 8, 11, and 12 as follows:
| 6 | | (820 ILCS 205/8) (from Ch. 48, par. 31.8)
| 7 | | Sec. 8. Authority to issue employment certificates. | 8 | | (a) Notwithstanding the provisions of this Act, the City | 9 | | or County
Superintendent of Schools, or their duly authorized | 10 | | agents, are authorized
to issue an employment certificate for | 11 | | any minor under sixteen (16) years
of age, said certificate | 12 | | authorizing and permitting the appearance of such
minor in a | 13 | | play or musical comedy with a professional traveling | 14 | | theatrical
production on the stage of a duly licensed theatre | 15 | | wherein not more than
two performances are given in any one day | 16 | | and not more than eight
performances are given in any one week, | 17 | | or nine when a holiday occurs
during the week, or in a musical | 18 | | recital or concert: Provided, that such
minor is accompanied | 19 | | by his parent or guardian or by a person in whose care
the | 20 | | parent or guardian has placed the minor and whose connection | 21 | | with the
performance or with the operation of the theatre in | 22 | | which the minor is to
appear is limited to the care of such | 23 | | minor or of minors appearing therein:
And provided further, |
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| 1 | | that such minor shall not appear on said stage or in
a musical | 2 | | recital or concert, attend rehearsals, or be present in
| 3 | | connection with such appearance or rehearsals, in the theatre | 4 | | where the
play or musical comedy is produced or in the place | 5 | | where the concert or
recital is given, for more than a total of | 6 | | six (6) hours in any one day, or
on more than six (6) days in | 7 | | any one week, or for more than a total of
twenty-four (24) | 8 | | hours in any one week, or after the hour of 11
postmeridian; | 9 | | and provided further, no such minor shall be excused from
| 10 | | attending school except as authorized pursuant to Section 26-1 | 11 | | of the
School Code. Application for such certificate shall be | 12 | | made by the
manager of the theatre, or by the person in the | 13 | | district responsible for
the musical recital or concert, and | 14 | | by the parent or guardian of such minor
to the City or County | 15 | | Superintendent of Schools or his authorized agent at
least | 16 | | fourteen (14) days in advance of such appearance. The City or | 17 | | County
Superintendent of Schools or his agent may issue a | 18 | | permit if satisfied that
adequate provision has been made for | 19 | | the educational instruction of such
minor, for safeguarding | 20 | | his health and for the proper moral supervision of
such minor, | 21 | | and that proper rest and dressing room facilities are provided
| 22 | | in the theatre for such minor.
| 23 | | (b) Notwithstanding the provisions of this Act, the City | 24 | | or Regional
Superintendent of Schools, or their duly | 25 | | authorized agents, are authorized
to issue an employment | 26 | | certificate for any minor under 16 years of age,
such |
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| 1 | | certificate authorizing and permitting the appearance of such | 2 | | minor as
a model or in a motion picture, radio or television | 3 | | production: Provided,
that no such minor shall be excused from | 4 | | attending school except as
authorized pursuant to Section 26-1 | 5 | | of The School Code. The Department of
Labor shall promulgate | 6 | | rules and regulations to carry out the provisions of
this | 7 | | subsection. Such rules and regulations shall be designed to | 8 | | protect
the health and welfare of child models or actors and to | 9 | | insure that the
conditions under which minors are employed, | 10 | | used or exhibited will not
impair their health, welfare, | 11 | | development or proper education.
| 12 | | (c) In situations where a minor from another state seeks | 13 | | to obtain an Illinois employment certificate, the Department | 14 | | shall work with a City or Regional Superintendent of Schools, | 15 | | or the State Superintendent of Education, or his or her duly | 16 | | authorized agents, to issue the certificate. The | 17 | | Superintendent may waive the requirement in Section 12 of this | 18 | | Act that a minor submit his or her application in person, if | 19 | | the minor resides in another state. | 20 | | (Source: P.A. 96-1247, eff. 7-23-10.)
| 21 | | (820 ILCS 205/11) (from Ch. 48, par. 31.11)
| 22 | | Sec. 11. Employment certificate issuance; duration; | 23 | | revocation. | 24 | | (a) The employment certificate shall be issued by the City | 25 | | or County
Superintendent of Schools or by their duly |
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| 1 | | authorized agents and shall be
valid for a period of one year. | 2 | | The person
issuing these certificates shall have authority to | 3 | | administer the oaths
provided for herein, but no fee shall be | 4 | | charged. It shall be the duty of
the school board or local | 5 | | school authority, to designate a place or places
where | 6 | | certificates shall be issued and recorded, and physical | 7 | | examinations
made without fee, as hereinafter provided, and to | 8 | | establish and maintain
the necessary records and clerical | 9 | | services for carrying out the provisions
of this Act.
| 10 | | The issuing officer shall notify the principal of the | 11 | | school attended by
the minor for whom an employment | 12 | | certificate for out of school work is
issued by him.
| 13 | | The parent or legal guardian of a minor, or the principal | 14 | | of the school
attended by the minor for whom an employment
| 15 | | certificate has been issued may ask for the revocation of the | 16 | | certificate
by petition to the Department of Labor in writing, | 17 | | stating the reasons he
believes that the employment is | 18 | | interfering with the best physical,
intellectual or moral | 19 | | development of the minor. The Department of Labor
shall | 20 | | thereupon revoke the employment certificate by notice in | 21 | | writing to
the employer of the minor.
| 22 | | (b) In situations where a minor from another state seeks | 23 | | to obtain an Illinois employment certificate, the Department | 24 | | shall work with a City or Regional Superintendent of Schools, | 25 | | or the State Superintendent of Education, or his or her duly | 26 | | authorized agents, to issue the certificate. The |
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| 1 | | Superintendent may waive the requirement in Section 12 of this | 2 | | Act that a minor submit his or her application in person, if | 3 | | the minor resides in another state. | 4 | | (Source: P.A. 96-1247, eff. 7-23-10.)
| 5 | | (820 ILCS 205/12) (from Ch. 48, par. 31.12)
| 6 | | Sec. 12.
The person authorized to issue employment | 7 | | certificates shall
issue a certificate only after examining | 8 | | and approving the
written application and other papers | 9 | | required under this Section. The
application shall be signed | 10 | | by the applicant's parent or legal guardian. The
application | 11 | | shall be submitted in person by the minor desiring employment , | 12 | | unless the issuing officer determines that the minor may | 13 | | utilize a remote application process . The
minor shall be | 14 | | accompanied by his or
her parent, guardian, or custodian , | 15 | | whether applying in person or remotely . The following papers | 16 | | shall be submitted
with the application:
| 17 | | 1. A statement of intention to employ signed by the | 18 | | prospective
employer, or by someone duly authorized by him, | 19 | | setting forth the
specific nature of the occupation in which | 20 | | he intends to employ such
minor and the exact hours of the day | 21 | | and number of hours per day and
days per week during which the | 22 | | minor shall be employed.
| 23 | | 2. Evidence of age showing that the minor is of the age | 24 | | required by
this Act, which evidence shall be documentary, and | 25 | | shall be required in
the order designated, as follows:
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| 1 | | a. a birth certificate or transcript thereof furnished | 2 | | by the State
or County or a signed statement of the | 3 | | recorded date and place of birth
issued by a registrar of | 4 | | vital records, or other officer
charged with the duty of | 5 | | recording births, such registration having been
completed | 6 | | within 10 years after the date of birth;
| 7 | | b. a certificate of baptism, or transcript thereof, | 8 | | duly certified,
showing the date of birth and place of | 9 | | baptism of the child;
| 10 | | c. other documentary proof of age (other than a school | 11 | | record or an
affidavit of age) such as a bona fide record | 12 | | of the date and place of
the child's birth, kept in the | 13 | | Bible in which the records of births,
marriages and deaths | 14 | | in the family of the child are preserved; a
certificate of | 15 | | confirmation or other church ceremony at least one year
| 16 | | old, showing the age of the child and the date and place of | 17 | | the
confirmation or ceremony; or a certificate of arrival | 18 | | in the United
States, issued by the United States | 19 | | Immigration Officer, showing the age
of the child; or a | 20 | | life insurance policy at least one year old showing
the | 21 | | age of the child;
| 22 | | d. If none of the proofs of age described in items a, b | 23 | | and c are
obtainable, and only in that case, the issuing | 24 | | officer may accept a
certificate signed by a physician, | 25 | | who shall be a public health officer or
a public school | 26 | | physician, stating that he has examined the child and that
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| 1 | | in his opinion the child is at least of the age required by | 2 | | this Act. The
certificate shall show the height and weight | 3 | | of the child, the condition of
the child's teeth, and any | 4 | | other facts concerning the child's physical
development | 5 | | revealed by the examination and upon which his opinion as | 6 | | to
the child's age is based, and shall be accompanied by a | 7 | | school record of age.
| 8 | | 3. A statement on a form approved by the Department of | 9 | | Labor and signed
by the principal of the school that the minor | 10 | | attends, or during school
holidays when the principal is not | 11 | | available, then by the regional
superintendent of schools or | 12 | | by a person designated by him for that
purpose, showing the | 13 | | minor's name, address, social security number, grade
last | 14 | | completed, and the
names of his parents, provided that the | 15 | | statement shall be required only in
the case of a minor who is | 16 | | employed on school days outside school hours, or
on Saturdays | 17 | | or other school holidays during the school term.
| 18 | | 4. A statement of physical fitness signed by a public | 19 | | health or
public school physician who has examined the minor, | 20 | | certifying that the
minor is physically fit to be employed in | 21 | | all legal occupations or to be
employed in legal occupations | 22 | | under limitations specified. If the
statement of physical | 23 | | fitness is limited, the employment certificate
issued thereon | 24 | | shall state clearly the limitations upon its use, and
shall be | 25 | | valid only when used under the limitations so stated.
| 26 | | In any case where the physician deems it advisable he
may |
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| 1 | | issue a certificate of physical fitness for a specified period | 2 | | of time,
at the expiration of which the person for whom it was | 3 | | issued shall appear
and be re-examined before being permitted | 4 | | to continue work.
| 5 | | Examinations shall be made in accordance with the | 6 | | standards and
procedures prescribed by the State Director of | 7 | | the Department of Labor, in
consultation with the State | 8 | | Director of the Department of Public Health and
the State | 9 | | Superintendent of Education, and shall be recorded on a form
| 10 | | furnished by the Department of Labor. When made by public | 11 | | health or public
school physicians, the examination shall be | 12 | | made without charge to the
minor. In case a public health or | 13 | | public school physician is not
available, a statement from a | 14 | | private physician who has examined the minor
may be accepted, | 15 | | provided that the examination is made in accordance with
the | 16 | | standards and procedures established by the Department of | 17 | | Labor.
| 18 | | If the issuing officer refuses to issue a certificate to a | 19 | | minor, the
issuing officer shall send to the principal of the | 20 | | school last attended by
the minor the name and address of the | 21 | | minor and the reason for the refusal
to issue the certificate.
| 22 | | (Source: P.A. 87-895; 88-365.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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