Bill Text: IL SB0696 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Further amends the Child Labor Law by changing instances of "city and county", "city and regional", and "regional" superintendent of schools to "Regional or District Superintendent of Schools" and adds definitions. Amends the Illinois Municipal Code. Provides that, 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. Defines "portable audiovisual rigging" and "special event". Limits home rule powers.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0032 [SB0696 Detail]

Download: Illinois-2021-SB0696-Engrossed.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Child Labor Law is amended by changing
5Sections 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
9or County Superintendent of Schools, or their duly authorized
10agents, are authorized to issue an employment certificate for
11any minor under sixteen (16) years of age, said certificate
12authorizing and permitting the appearance of such minor in a
13play or musical comedy with a professional traveling
14theatrical production on the stage of a duly licensed theatre
15wherein not more than two performances are given in any one day
16and not more than eight performances are given in any one week,
17or nine when a holiday occurs during the week, or in a musical
18recital or concert: Provided, that such minor is accompanied
19by his parent or guardian or by a person in whose care the
20parent or guardian has placed the minor and whose connection
21with the performance or with the operation of the theatre in
22which the minor is to appear is limited to the care of such
23minor or of minors appearing therein: And provided further,

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1that such minor shall not appear on said stage or in a musical
2recital or concert, attend rehearsals, or be present in
3connection with such appearance or rehearsals, in the theatre
4where the play or musical comedy is produced or in the place
5where the concert or recital is given, for more than a total of
6six (6) hours in any one day, or on more than six (6) days in
7any one week, or for more than a total of twenty-four (24)
8hours in any one week, or after the hour of 11 postmeridian;
9and provided further, no such minor shall be excused from
10attending school except as authorized pursuant to Section 26-1
11of the School Code. Application for such certificate shall be
12made by the manager of the theatre, or by the person in the
13district responsible for the musical recital or concert, and
14by the parent or guardian of such minor to the City or County
15Superintendent of Schools or his authorized agent at least
16fourteen (14) days in advance of such appearance. The City or
17County Superintendent of Schools or his agent may issue a
18permit if satisfied that adequate provision has been made for
19the educational instruction of such minor, for safeguarding
20his health and for the proper moral supervision of such minor,
21and that proper rest and dressing room facilities are provided
22in the theatre for such minor.
23 (b) Notwithstanding the provisions of this Act, the City
24or Regional Superintendent of Schools, or their duly
25authorized agents, are authorized to issue an employment
26certificate for any minor under 16 years of age, such

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1certificate authorizing and permitting the appearance of such
2minor as a model or in a motion picture, radio or television
3production: Provided, that no such minor shall be excused from
4attending school except as authorized pursuant to Section 26-1
5of The School Code. The Department of Labor shall promulgate
6rules and regulations to carry out the provisions of this
7subsection. Such rules and regulations shall be designed to
8protect the health and welfare of child models or actors and to
9insure that the conditions under which minors are employed,
10used or exhibited will not impair their health, welfare,
11development or proper education.
12 (c) In situations where a minor from another state seeks
13to obtain an Illinois employment certificate, the Department
14shall work with a City or Regional Superintendent of Schools,
15or the State Superintendent of Education, or his or her duly
16authorized agents, to issue the certificate. The
17Superintendent may waive the requirement in Section 12 of this
18Act that a minor submit his or her application in person, if
19the 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;
23revocation.
24 (a) The employment certificate shall be issued by the City
25or County Superintendent of Schools or by their duly

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1authorized agents and shall be valid for a period of one year.
2The person issuing these certificates shall have authority to
3administer the oaths provided for herein, but no fee shall be
4charged. It shall be the duty of the school board or local
5school authority, to designate a place or places where
6certificates shall be issued and recorded, and physical
7examinations made without fee, as hereinafter provided, and to
8establish and maintain the necessary records and clerical
9services for carrying out the provisions of this Act.
10 The issuing officer shall notify the principal of the
11school attended by the minor for whom an employment
12certificate for out of school work is issued by him.
13 The parent or legal guardian of a minor, or the principal
14of the school attended by the minor for whom an employment
15certificate has been issued may ask for the revocation of the
16certificate by petition to the Department of Labor in writing,
17stating the reasons he believes that the employment is
18interfering with the best physical, intellectual or moral
19development of the minor. The Department of Labor shall
20thereupon revoke the employment certificate by notice in
21writing to the employer of the minor.
22 (b) In situations where a minor from another state seeks
23to obtain an Illinois employment certificate, the Department
24shall work with a City or Regional Superintendent of Schools,
25or the State Superintendent of Education, or his or her duly
26authorized agents, to issue the certificate. The

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1Superintendent may waive the requirement in Section 12 of this
2Act that a minor submit his or her application in person, if
3the 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
7certificates shall issue a certificate only after examining
8and approving the written application and other papers
9required under this Section. The application shall be signed
10by the applicant's parent or legal guardian. The application
11shall be submitted in person by the minor desiring employment,
12unless the issuing officer determines that the minor may
13utilize a remote application process. The minor shall be
14accompanied by his or her parent, guardian, or custodian,
15whether applying in person or remotely. The following papers
16shall be submitted with the application:
17 1. A statement of intention to employ signed by the
18prospective employer, or by someone duly authorized by him,
19setting forth the specific nature of the occupation in which
20he intends to employ such minor and the exact hours of the day
21and number of hours per day and days per week during which the
22minor shall be employed.
23 2. Evidence of age showing that the minor is of the age
24required by this Act, which evidence shall be documentary, and
25shall 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
9Labor and signed by the principal of the school that the minor
10attends, or during school holidays when the principal is not
11available, then by the regional superintendent of schools or
12by a person designated by him for that purpose, showing the
13minor's name, address, social security number, grade last
14completed, and the names of his parents, provided that the
15statement shall be required only in the case of a minor who is
16employed on school days outside school hours, or on Saturdays
17or other school holidays during the school term.
18 4. A statement of physical fitness signed by a public
19health or public school physician who has examined the minor,
20certifying that the minor is physically fit to be employed in
21all legal occupations or to be employed in legal occupations
22under limitations specified. If the statement of physical
23fitness is limited, the employment certificate issued thereon
24shall state clearly the limitations upon its use, and shall be
25valid only when used under the limitations so stated.
26 In any case where the physician deems it advisable he may

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1issue a certificate of physical fitness for a specified period
2of time, at the expiration of which the person for whom it was
3issued shall appear and be re-examined before being permitted
4to continue work.
5 Examinations shall be made in accordance with the
6standards and procedures prescribed by the State Director of
7the Department of Labor, in consultation with the State
8Director of the Department of Public Health and the State
9Superintendent of Education, and shall be recorded on a form
10furnished by the Department of Labor. When made by public
11health or public school physicians, the examination shall be
12made without charge to the minor. In case a public health or
13public school physician is not available, a statement from a
14private physician who has examined the minor may be accepted,
15provided that the examination is made in accordance with the
16standards and procedures established by the Department of
17Labor.
18 If the issuing officer refuses to issue a certificate to a
19minor, the issuing officer shall send to the principal of the
20school last attended by the minor the name and address of the
21minor 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
24becoming law.
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