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

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-Enrolled.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 Illinois Municipal Code is amended by
5adding Section 11-5-11 as follows:
6 (65 ILCS 5/11-5-11 new)
7 Sec. 11-5-11. Portable audiovisual rigging at special
8events.
9 (a) In municipalities that require permits for special
10events, no person may perform, or employ, direct or allow a
11person to perform, portable audiovisual rigging at a permitted
12special event unless the person performing such work holds a
13valid rigging certification from the Entertainment Technician
14Certification Program operated by the Entertainment Services
15and Technology Association.
16 (b) As used in this Section:
17 "Portable audiovisual rigging" means the temporary
18installation or operation of portable mechanical rigging and
19static rigging for the overhead suspension of portable
20audiovisual equipment, including, but not limited to: audio,
21video, lighting, backdrops, scenery, and other effects at a
22special event. "Portable audiovisual rigging" does not include
23freight handling or the transportation of heavy equipment.

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1 "Special event" means a planned temporary aggregation of
2attractions, including, but not limited to, public
3entertainment, food and beverage service facilities, sales of
4souvenirs or other merchandise, or similar attractions, that
5is:
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
19event for which a separate permit is required, a neighborhood
20block party at which no food, beverages, or merchandise are
21sold; indoor or outdoor events taking place on properties
22owned by the Metropolitan Pier and Exposition Authority;
23indoor or outdoor events taking place on hotel or convention
24center property in the State; a citywide festival conducted
25under an intergovernmental agreement authorized by ordinance;
26a motion picture, film, or television production; the

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1installation of tents; or hangings of banners.
2 (c) A home rule municipality may not regulate portable
3audiovisual rigging in a manner inconsistent with this
4Section. This Section is a limitation under subsection (i) of
5Section 6 of Article VII of the Illinois Constitution on the
6concurrent exercise by home rule units of powers and functions
7exercised by the State.
8 Section 10. The Child Labor Law is amended by adding
9Section 0.5 and by changing Sections 8, 10, 11, and 12 as
10follows:
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
14employed by a board of education in accordance with Section
1510-21.4 of the School Code and shall also include the chief
16executive officer of a school district in a city with over
17500,000 inhabitants.
18 "Duly authorized agent" means an individual who has been
19designated by a Regional or District Superintendent of Schools
20as their agent for the limited purpose of issuing employment
21certificates to minors under the age of 16, and may include
22officials of any public school district, charter school, or
23any State-recognized, non-public school.
24 "Regional Superintendent of Schools" means the chief

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1administrative officer of an educational service region
2pursuant 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
6Regional or District City or County Superintendent of Schools,
7or their duly authorized agents, are authorized to issue an
8employment certificate for any minor under sixteen (16) years
9of age, said certificate authorizing and permitting the
10appearance of such minor in a play or musical comedy with a
11professional traveling theatrical production on the stage of a
12duly licensed theatre wherein not more than two performances
13are given in any one day and not more than eight performances
14are given in any one week, or nine when a holiday occurs during
15the week, or in a musical recital or concert: Provided, that
16such minor is accompanied by his parent or guardian or by a
17person in whose care the parent or guardian has placed the
18minor and whose connection with the performance or with the
19operation of the theatre in which the minor is to appear is
20limited to the care of such minor or of minors appearing
21therein: And provided further, that such minor shall not
22appear on said stage or in a musical recital or concert, attend
23rehearsals, or be present in connection with such appearance
24or rehearsals, in the theatre where the play or musical comedy
25is produced or in the place where the concert or recital is

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1given, for more than a total of six (6) hours in any one day,
2or on more than six (6) days in any one week, or for more than
3a total of twenty-four (24) hours in any one week, or after the
4hour of 11 postmeridian; and provided further, no such minor
5shall be excused from attending school except as authorized
6pursuant to Section 26-1 of the School Code. Application for
7such certificate shall be made by the manager of the theatre,
8or by the person in the district responsible for the musical
9recital or concert, and by the parent or guardian of such minor
10to the Regional or District City or County Superintendent of
11Schools or his authorized agent at least fourteen (14) days in
12advance of such appearance. The Regional or District City or
13County Superintendent of Schools or his agent may issue a
14permit if satisfied that adequate provision has been made for
15the educational instruction of such minor, for safeguarding
16his health and for the proper moral supervision of such minor,
17and that proper rest and dressing room facilities are provided
18in the theatre for such minor.
19 (b) Notwithstanding the provisions of this Act, the City
20or Regional or District Superintendent of Schools, or their
21duly authorized agents, are authorized to issue an employment
22certificate for any minor under 16 years of age, such
23certificate authorizing and permitting the appearance of such
24minor as a model or in a motion picture, radio or television
25production: Provided, that no such minor shall be excused from
26attending school except as authorized pursuant to Section 26-1

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1of The School Code. The Department of Labor shall promulgate
2rules and regulations to carry out the provisions of this
3subsection. Such rules and regulations shall be designed to
4protect the health and welfare of child models or actors and to
5insure that the conditions under which minors are employed,
6used or exhibited will not impair their health, welfare,
7development or proper education.
8 (c) In situations where a minor from another state seeks
9to obtain an Illinois employment certificate, the Department
10shall work with a City or Regional or District Superintendent
11of Schools, or the State Superintendent of Education, or his
12or her duly authorized agents, to issue the certificate. The
13Superintendent may waive the requirement in Section 12 of this
14Act that a minor submit his or her application in person, if
15the 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
19during the school vacation or outside of school hours. The
20employment certificate shall be signed by the Regional or
21District City or County Superintendent of Schools or their
22duly authorized agents and shall be in such a form as to show
23on its face the information and evidence required by Section
2411 to be filed before the certificate is issued. An original
25certificate and 3 copies of the certificate shall be issued

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

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1utilize a remote application process. The minor shall be
2accompanied by his or her parent, guardian, or custodian,
3whether applying in person or remotely. The following papers
4shall be submitted with the application:
5 1. A statement of intention to employ signed by the
6prospective employer, or by someone duly authorized by him,
7setting forth the specific nature of the occupation in which
8he intends to employ such minor and the exact hours of the day
9and number of hours per day and days per week during which the
10minor shall be employed.
11 2. Evidence of age showing that the minor is of the age
12required by this Act, which evidence shall be documentary, and
13shall 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
22Labor and signed by the principal of the school that the minor
23attends, or during school holidays when the principal is not
24available, then by the Regional or District Superintendent of
25Schools regional superintendent of schools or by a person
26designated by him for that purpose, showing the minor's name,

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1address, social security number, grade last completed, and the
2names of his parents, provided that the statement shall be
3required only in the case of a minor who is employed on school
4days outside school hours, or on Saturdays or other school
5holidays during the school term.
6 4. A statement of physical fitness signed by a public
7health or public school physician who has examined the minor,
8certifying that the minor is physically fit to be employed in
9all legal occupations or to be employed in legal occupations
10under limitations specified. If the statement of physical
11fitness is limited, the employment certificate issued thereon
12shall state clearly the limitations upon its use, and shall be
13valid only when used under the limitations so stated.
14 In any case where the physician deems it advisable he may
15issue a certificate of physical fitness for a specified period
16of time, at the expiration of which the person for whom it was
17issued shall appear and be re-examined before being permitted
18to continue work.
19 Examinations shall be made in accordance with the
20standards and procedures prescribed by the State Director of
21the Department of Labor, in consultation with the State
22Director of the Department of Public Health and the State
23Superintendent of Education, and shall be recorded on a form
24furnished by the Department of Labor. When made by public
25health or public school physicians, the examination shall be
26made without charge to the minor. In case a public health or

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1public school physician is not available, a statement from a
2private physician who has examined the minor may be accepted,
3provided that the examination is made in accordance with the
4standards and procedures established by the Department of
5Labor.
6 If the issuing officer refuses to issue a certificate to a
7minor, the issuing officer shall send to the principal of the
8school last attended by the minor the name and address of the
9minor 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
12becoming law.
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