Full Text of SB0696 102nd General Assembly
SB0696enr 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 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: | 17 | | "Portable audiovisual rigging" means the temporary | 18 | | installation or operation of portable mechanical rigging and | 19 | | static rigging for the overhead suspension of portable | 20 | | audiovisual equipment, including, but not limited to: audio, | 21 | | video, lighting, backdrops, scenery, and other effects at a | 22 | | special event. "Portable audiovisual rigging" does not include | 23 | | freight handling or the transportation of heavy equipment. |
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| 1 | | "Special event" means a planned temporary aggregation of | 2 | | attractions, including, but not limited to, public | 3 | | entertainment, food and beverage service facilities, sales of | 4 | | souvenirs or other merchandise, or similar attractions, that | 5 | | is: | 6 | | (1) conducted on the public way; or | 7 | | (2) conducted primarily outdoors on property open to | 8 | | the public, other than the public way, and which: | 9 | | (A) includes activities that require the issuance | 10 | | of a municipal temporary food establishment license, | 11 | | municipal special event liquor license, or similar | 12 | | license; or | 13 | | (B) requires special municipal services, | 14 | | including, but not limited to: street closures; the | 15 | | provision of barricades, garbage cans, stages, or | 16 | | special no parking signs; special electrical services; | 17 | | or special police protection. | 18 | | "Special event" does not include a parade or athletic | 19 | | event for which a separate permit is required, a neighborhood | 20 | | block party at which no food, beverages, or merchandise are | 21 | | sold; indoor or outdoor events taking place on properties | 22 | | owned by the Metropolitan Pier and Exposition Authority; | 23 | | indoor or outdoor events taking place on hotel or convention | 24 | | center property in the State; a citywide festival conducted | 25 | | under an intergovernmental agreement authorized by ordinance; | 26 | | a motion picture, film, or television production; the |
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| 1 | | installation of tents; or hangings of banners. | 2 | | (c) A home rule municipality may not regulate portable | 3 | | audiovisual rigging in a manner inconsistent with this | 4 | | Section. This Section is a limitation under subsection (i) of | 5 | | Section 6 of Article VII of the Illinois Constitution on the | 6 | | concurrent exercise by home rule units of powers and functions | 7 | | exercised by the State.
| 8 | | Section 10. The Child Labor Law is amended by adding | 9 | | Section 0.5 and by changing Sections 8, 10, 11, and 12 as | 10 | | follows: | 11 | | (820 ILCS 205/0.5 new) | 12 | | Sec. 0.5. Definitions. As used in this Act: | 13 | | "District Superintendent of Schools" means an individual | 14 | | employed by a board of education in accordance with Section | 15 | | 10-21.4 of the School Code and shall also include the chief | 16 | | executive officer of a school district in a city with over | 17 | | 500,000 inhabitants. | 18 | | "Duly authorized agent" means an individual who has been | 19 | | designated by a Regional or District Superintendent of Schools | 20 | | as their agent for the limited purpose of issuing employment | 21 | | certificates to minors under the age of 16, and may include | 22 | | officials of any public school district, charter school, or | 23 | | any State-recognized, non-public school. | 24 | | "Regional Superintendent of Schools" means the chief |
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| 1 | | administrative officer of an educational service region | 2 | | pursuant to Section 3A-2 of the School Code.
| 3 | | (820 ILCS 205/8) (from Ch. 48, par. 31.8)
| 4 | | Sec. 8. Authority to issue employment certificates. | 5 | | (a) Notwithstanding the provisions of this Act, the | 6 | | Regional or District City or County
Superintendent of Schools, | 7 | | or their duly authorized agents, are authorized
to issue an | 8 | | employment certificate for any minor under sixteen (16) years
| 9 | | of age, said certificate authorizing and permitting the | 10 | | appearance of such
minor in a play or musical comedy with a | 11 | | professional traveling theatrical
production on the stage of a | 12 | | duly licensed theatre wherein not more than
two performances | 13 | | are given in any one day and not more than eight
performances | 14 | | are given in any one week, or nine when a holiday occurs
during | 15 | | the week, or in a musical recital or concert: Provided, that | 16 | | such
minor is accompanied by his parent or guardian or by a | 17 | | person in whose care
the parent or guardian has placed the | 18 | | minor and whose connection with the
performance or with the | 19 | | operation of the theatre in which the minor is to
appear is | 20 | | limited to the care of such minor or of minors appearing | 21 | | therein:
And provided further, that such minor shall not | 22 | | appear on said stage or in
a musical recital or concert, attend | 23 | | rehearsals, or be present in
connection with such appearance | 24 | | or rehearsals, in the theatre where the
play or musical comedy | 25 | | is produced or in the place where the concert or
recital is |
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| 1 | | given, for more than a total of six (6) hours in any one day, | 2 | | or
on more than six (6) days in any one week, or for more than | 3 | | a total of
twenty-four (24) hours in any one week, or after the | 4 | | hour of 11
postmeridian; and provided further, no such minor | 5 | | shall be excused from
attending school except as authorized | 6 | | pursuant to Section 26-1 of the
School Code. Application for | 7 | | such certificate shall be made by the
manager of the theatre, | 8 | | or by the person in the district responsible for
the musical | 9 | | recital or concert, and by the parent or guardian of such minor
| 10 | | to the Regional or District City or County Superintendent of | 11 | | Schools or his authorized agent at
least fourteen (14) days in | 12 | | advance of such appearance. The Regional or District City or | 13 | | County
Superintendent of Schools or his agent may issue a | 14 | | permit if satisfied that
adequate provision has been made for | 15 | | the educational instruction of such
minor, for safeguarding | 16 | | his health and for the proper moral supervision of
such minor, | 17 | | and that proper rest and dressing room facilities are provided
| 18 | | in the theatre for such minor.
| 19 | | (b) Notwithstanding the provisions of this Act, the City | 20 | | or Regional
or District Superintendent of Schools, or their | 21 | | duly authorized agents, are authorized
to issue an employment | 22 | | certificate for any minor under 16 years of age,
such | 23 | | certificate authorizing and permitting the appearance of such | 24 | | minor as
a model or in a motion picture, radio or television | 25 | | production: Provided,
that no such minor shall be excused from | 26 | | attending school except as
authorized pursuant to Section 26-1 |
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| 1 | | of The School Code. The Department of
Labor shall promulgate | 2 | | rules and regulations to carry out the provisions of
this | 3 | | subsection. Such rules and regulations shall be designed to | 4 | | protect
the health and welfare of child models or actors and to | 5 | | insure that the
conditions under which minors are employed, | 6 | | used or exhibited will not
impair their health, welfare, | 7 | | development or proper education.
| 8 | | (c) In situations where a minor from another state seeks | 9 | | to obtain an Illinois employment certificate, the Department | 10 | | shall work with a City or Regional or District Superintendent | 11 | | of Schools, or the State Superintendent of Education, or his | 12 | | or her duly authorized agents, to issue the certificate. The | 13 | | Superintendent may waive the requirement in Section 12 of this | 14 | | Act that a minor submit his or her application in person, if | 15 | | the minor resides in another state. | 16 | | (Source: P.A. 96-1247, eff. 7-23-10.)
| 17 | | (820 ILCS 205/10) (from Ch. 48, par. 31.10)
| 18 | | Sec. 10.
Employment certificates shall permit employment | 19 | | during the school
vacation or outside of school hours. The | 20 | | employment certificate shall be
signed by the Regional or | 21 | | District City or County Superintendent of Schools or their | 22 | | duly
authorized agents and shall be in such a form as to show | 23 | | on its face the
information and evidence required by Section | 24 | | 11 to be filed before the
certificate is issued. An original | 25 | | certificate and 3 copies of the
certificate shall be issued |
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| 1 | | and
the person issuing it shall:
| 2 | | (i) mail the original to the minor's employer,
| 3 | | (ii) send copies to the State Department of
Labor and | 4 | | to the minor's parent or legal guardian, and
| 5 | | (iii) retain a copy in his files.
| 6 | | (Source: P.A. 88-365.)
| 7 | | (820 ILCS 205/11) (from Ch. 48, par. 31.11)
| 8 | | Sec. 11. Employment certificate issuance; duration; | 9 | | revocation. | 10 | | (a) The employment certificate shall be issued by the | 11 | | Regional or District City or County
Superintendent of Schools | 12 | | or by their duly authorized agents and shall be
valid for a | 13 | | period of one year. The person
issuing these certificates | 14 | | shall have authority to administer the oaths
provided for | 15 | | herein, but no fee shall be charged. It shall be the duty of
| 16 | | the school board or local school authority, to designate a | 17 | | place or places
where certificates shall be issued and | 18 | | recorded, and physical examinations
made without fee, as | 19 | | hereinafter provided, and to establish and maintain
the | 20 | | necessary records and clerical services for carrying out the | 21 | | provisions
of this Act.
| 22 | | The issuing officer shall notify the principal of the | 23 | | school attended by
the minor for whom an employment | 24 | | certificate for out of school work is
issued by him.
| 25 | | The parent or legal guardian of a minor, or the principal |
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| 1 | | of the school
attended by the minor for whom an employment
| 2 | | certificate has been issued may ask for the revocation of the | 3 | | certificate
by petition to the Department of Labor in writing, | 4 | | stating the reasons he
believes that the employment is | 5 | | interfering with the best physical,
intellectual or moral | 6 | | development of the minor. The Department of Labor
shall | 7 | | thereupon revoke the employment certificate by notice in | 8 | | writing to
the employer of the minor.
| 9 | | (b) In situations where a minor from another state seeks | 10 | | to obtain an Illinois employment certificate, the Department | 11 | | shall work with a City or Regional or District Superintendent | 12 | | of Schools, or the State Superintendent of Education, or his | 13 | | or her duly authorized agents, to issue the certificate. The | 14 | | Superintendent may waive the requirement in Section 12 of this | 15 | | Act that a minor submit his or her application in person, if | 16 | | the minor resides in another state. | 17 | | (Source: P.A. 96-1247, eff. 7-23-10.)
| 18 | | (820 ILCS 205/12) (from Ch. 48, par. 31.12)
| 19 | | Sec. 12.
The person authorized to issue employment | 20 | | certificates shall
issue a certificate only after examining | 21 | | and approving the
written application and other papers | 22 | | required under this Section. The
application shall be signed | 23 | | by the applicant's parent or legal guardian. The
application | 24 | | shall be submitted in person by the minor desiring employment , | 25 | | unless the issuing officer determines that the minor may |
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| 1 | | utilize a remote application process . The
minor shall be | 2 | | accompanied by his or
her parent, guardian, or custodian , | 3 | | whether applying in person or remotely . The following papers | 4 | | shall be submitted
with the application:
| 5 | | 1. A statement of intention to employ signed by the | 6 | | prospective
employer, or by someone duly authorized by him, | 7 | | setting forth the
specific nature of the occupation in which | 8 | | he intends to employ such
minor and the exact hours of the day | 9 | | and number of hours per day and
days per week during which the | 10 | | minor shall be employed.
| 11 | | 2. Evidence of age showing that the minor is of the age | 12 | | required by
this Act, which evidence shall be documentary, and | 13 | | shall be required in
the order designated, as follows:
| 14 | | a. a birth certificate or transcript thereof furnished | 15 | | by the State
or County or a signed statement of the | 16 | | recorded date and place of birth
issued by a registrar of | 17 | | vital records, or other officer
charged with the duty of | 18 | | recording births, such registration having been
completed | 19 | | within 10 years after the date of birth;
| 20 | | b. a certificate of baptism, or transcript thereof, | 21 | | duly certified,
showing the date of birth and place of | 22 | | baptism of the child;
| 23 | | c. other documentary proof of age (other than a school | 24 | | record or an
affidavit of age) such as a bona fide record | 25 | | of the date and place of
the child's birth, kept in the | 26 | | Bible in which the records of births,
marriages and deaths |
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| 1 | | in the family of the child are preserved; a
certificate of | 2 | | confirmation or other church ceremony at least one year
| 3 | | old, showing the age of the child and the date and place of | 4 | | the
confirmation or ceremony; or a certificate of arrival | 5 | | in the United
States, issued by the United States | 6 | | Immigration Officer, showing the age
of the child; or a | 7 | | life insurance policy at least one year old showing
the | 8 | | age of the child;
| 9 | | d. If none of the proofs of age described in items a, b | 10 | | and c are
obtainable, and only in that case, the issuing | 11 | | officer may accept a
certificate signed by a physician, | 12 | | who shall be a public health officer or
a public school | 13 | | physician, stating that he has examined the child and that
| 14 | | in his opinion the child is at least of the age required by | 15 | | this Act. The
certificate shall show the height and weight | 16 | | of the child, the condition of
the child's teeth, and any | 17 | | other facts concerning the child's physical
development | 18 | | revealed by the examination and upon which his opinion as | 19 | | to
the child's age is based, and shall be accompanied by a | 20 | | school record of age.
| 21 | | 3. A statement on a form approved by the Department of | 22 | | Labor and signed
by the principal of the school that the minor | 23 | | attends, or during school
holidays when the principal is not | 24 | | available, then by the Regional or District Superintendent of | 25 | | Schools regional
superintendent of schools or by a person | 26 | | designated by him for that
purpose, showing the minor's name, |
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| 1 | | address, social security number, grade
last completed, and the
| 2 | | names of his parents, provided that the statement shall be | 3 | | required only in
the case of a minor who is employed on school | 4 | | days outside school hours, or
on Saturdays or other school | 5 | | holidays during the school term.
| 6 | | 4. A statement of physical fitness signed by a public | 7 | | health or
public school physician who has examined the minor, | 8 | | certifying that the
minor is physically fit to be employed in | 9 | | all legal occupations or to be
employed in legal occupations | 10 | | under limitations specified. If the
statement of physical | 11 | | fitness is limited, the employment certificate
issued thereon | 12 | | shall state clearly the limitations upon its use, and
shall be | 13 | | valid only when used under the limitations so stated.
| 14 | | In any case where the physician deems it advisable he
may | 15 | | issue a certificate of physical fitness for a specified period | 16 | | of time,
at the expiration of which the person for whom it was | 17 | | issued shall appear
and be re-examined before being permitted | 18 | | to continue work.
| 19 | | Examinations shall be made in accordance with the | 20 | | standards and
procedures prescribed by the State Director of | 21 | | the Department of Labor, in
consultation with the State | 22 | | Director of the Department of Public Health and
the State | 23 | | Superintendent of Education, and shall be recorded on a form
| 24 | | furnished by the Department of Labor. When made by public | 25 | | health or public
school physicians, the examination shall be | 26 | | made without charge to the
minor. In case a public health or |
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| 1 | | public school physician is not
available, a statement from a | 2 | | private physician who has examined the minor
may be accepted, | 3 | | provided that the examination is made in accordance with
the | 4 | | standards and procedures established by the Department of | 5 | | Labor.
| 6 | | If the issuing officer refuses to issue a certificate to a | 7 | | minor, the
issuing officer shall send to the principal of the | 8 | | school last attended by
the minor the name and address of the | 9 | | minor and the reason for the refusal
to issue the certificate.
| 10 | | (Source: P.A. 87-895; 88-365.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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