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Public Act 102-0032
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| SB0696 Enrolled | LRB102 10728 BMS 16057 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
adding Section 11-5-11 as follows:
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(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. |
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"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 |
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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.
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Section 10. The Child Labor Law is amended by adding |
Section 0.5 and by changing Sections 8, 10, 11, and 12 as |
follows:
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(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 |
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administrative officer of an educational service region |
pursuant to Section 3A-2 of the School Code.
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(820 ILCS 205/8) (from Ch. 48, par. 31.8)
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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
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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 |
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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
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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
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in the theatre for such minor.
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(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 |
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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.
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(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.)
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(820 ILCS 205/10) (from Ch. 48, par. 31.10)
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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 |
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and
the person issuing it shall:
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(i) mail the original to the minor's employer,
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(ii) send copies to the State Department of
Labor and |
to the minor's parent or legal guardian, and
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(iii) retain a copy in his files.
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(Source: P.A. 88-365.)
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(820 ILCS 205/11) (from Ch. 48, par. 31.11)
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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
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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.
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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.
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The parent or legal guardian of a minor, or the principal |
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of the school
attended by the minor for whom an employment
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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.
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(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.)
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(820 ILCS 205/12) (from Ch. 48, par. 31.12)
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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 |
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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:
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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.
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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:
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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;
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b. a certificate of baptism, or transcript thereof, |
duly certified,
showing the date of birth and place of |
baptism of the child;
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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 |
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in the family of the child are preserved; a
certificate of |
confirmation or other church ceremony at least one year
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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;
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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
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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.
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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, |
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address, social security number, grade
last completed, and the
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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.
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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.
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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.
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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
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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 |
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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.
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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.
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(Source: P.A. 87-895; 88-365.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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