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.