As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                               H.B. No. 93       5            

      1999-2000                                                    6            


 REPRESENTATIVES TERWILLEGER-HAINES-TAYLOR-SCHULER-PRINGLE-OLMAN   8            


                                                                   9            

                           A   B I L L                                          

             To amend section 4109.02 of the Revised Code to       11           

                exempt minors aged sixteen and seventeen from      12           

                having to provide an age and schooling                          

                certificate to be employed during a specified      13           

                seasonal period at a seasonal amusement or                      

                recreational establishment.                        14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 4109.02 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 4109.02.  (A)  Except as provided in division (B) of    28           

this section or in section 4109.06 of the Revised Code, no minor   29           

of compulsory school age shall be employed by any employer unless  30           

the minor presents to the employer a proper age and schooling      31           

certificate, as a condition of employment.  The employer shall     32           

keep the certificate on file in the establishment where the minor  33           

is employed or in the office of the business or in the residence   34           

in or about which the minor is employed for inspection by any      35           

enforcement official.                                              36           

      A valid certificate constitutes conclusive evidence of the   38           

age of the minor and of the employer's right to employ the minor   39           

in occupations not denied by law to minors of that age under       40           

section 4109.06 of the Revised Code or rules adopted thereunder.   41           

      (B)  Minors THE FOLLOWING MINORS aged sixteen or seventeen   43           

ARE NOT REQUIRED TO PROVIDE AN AGE AND SCHOOLING CERTIFICATE AS A  44           

CONDITION OF EMPLOYMENT:                                           45           

      (1)  THOSE who are to be employed during summer vacation     48           

                                                          2      

                                                                 
months after the last day of the school term in the spring and     49           

before the first day of the school term in the fall, in            50           

nonagricultural and nonhazardous employment as defined by the      51           

"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.     52           

201, and similar state statutes, or in other employment not        53           

prohibited to minors age sixteen or seventeen by law, shall not    54           

be required to provide an age and schooling certificate as a       55           

condition of employment.  In order to;                                          

      (2)  THOSE WHO ARE TO BE EMPLOYED NOT MORE THAN TWO MONTHS   57           

BEFORE THE LAST DAY OF THE SCHOOL TERM IN THE SPRING AND NOT MORE  58           

THAN TWO MONTHS AFTER THE FIRST DAY OF THE SCHOOL TERM IN THE      59           

FALL BY A SEASONAL AMUSEMENT OR RECREATIONAL ESTABLISHMENT.        60           

      (C)  TO be hired for THE TYPE OF employment during summer    63           

vacation months, such DESCRIBED IN DIVISION (B) OF THIS SECTION,   64           

minors shall provide the employer with the following:              65           

      (1)  Evidence of proof of age in the same manner as proof    67           

of age is provided the superintendent of schools under division    68           

(C) of section 3331.02 of the Revised Code;                        69           

      (2)  A statement signed by the minor's parent or guardian    71           

consenting to the proposed employment during the summer vacation   72           

months.  For the purposes of this section, in the absence of a     73           

parent or guardian, a person over eighteen years of age with whom  74           

the minor resides may sign such statement.                         75           

      The employer shall retain a copy of the proof of age and     77           

the statement of consent with the employment records of the        78           

minor.                                                             79           

      (D)  AS USED IN THIS SECTION, "SEASONAL AMUSEMENT OR         81           

RECREATIONAL ESTABLISHMENT" MEANS BOTH OF THE FOLLOWING:           82           

      (1)  AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT THAT DOES    84           

NOT OPERATE FOR MORE THAN SEVEN MONTHS IN ANY CALENDAR YEAR;       85           

      (2)  AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHOSE        87           

AVERAGE RECEIPTS FOR ANY SIX MONTHS DURING THE PRECEDING CALENDAR  88           

YEAR WERE NOT MORE THAN THIRTY-THREE AND ONE-THIRD PER CENT OF     89           

ITS AVERAGE RECEIPTS FOR THE OTHER SIX MONTHS OF THAT CALENDAR     90           

                                                          3      

                                                                 
YEAR.                                                                           

      Section 2.  That existing section 4109.02 of the Revised     92           

Code is hereby repealed.                                           93