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