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Public Act 102-0032


 

Public Act 0032 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0032
 
SB0696 EnrolledLRB102 10728 BMS 16057 b

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

Effective Date: 6/25/2021