Full Text of SB0696 102nd General Assembly
SB0696eng 102ND GENERAL ASSEMBLY |
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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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