As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 93 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-HAINES-TAYLOR-SCHULER-PRINGLE-OLMAN- 8
HOOD-HARRIS-CATES-BUEHRER-WILLIAMS-DAMSCHRODER-CORBIN-CLANCY- 9
VESPER-TIBERI-PERZ-WILSON-ROMAN-VERICH-WOMER BENJAMIN-CORE- 10
BATEMAN-ALLEN-SULLIVAN-BEATTY-PATTON-MEAD-THOMAS-YOUNG-OPFER 11
_________________________________________________________________ 12
A B I L L
To amend section 4109.02 of the Revised Code to 14
exempt minors aged sixteen and seventeen from 15
having to provide an age and schooling
certificate to be employed during a specified 16
seasonal period at a seasonal amusement or
recreational establishment, except when 17
specifically required, and to declare an 18
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 4109.02 of the Revised Code be 22
amended to read as follows: 23
Sec. 4109.02. (A) Except as provided in division (B) of 32
this section or in section 4109.06 of the Revised Code, no minor 33
of compulsory school age shall be employed by any employer unless 34
the minor presents to the employer a proper age and schooling 35
certificate, as a condition of employment. The employer shall 36
keep the certificate on file in the establishment where the minor 37
is employed or in the office of the business or in the residence 38
in or about which the minor is employed for inspection by any 39
enforcement official. 40
A valid certificate constitutes conclusive evidence of the 42
age of the minor and of the employer's right to employ the minor 43
in occupations not denied by law to minors of that age under 44
2
section 4109.06 of the Revised Code or rules adopted thereunder. 45
(B) Minors THE FOLLOWING MINORS aged sixteen or seventeen 47
ARE NOT REQUIRED TO PROVIDE AN AGE AND SCHOOLING CERTIFICATE AS A 48
CONDITION OF EMPLOYMENT UNLESS REQUIRED BY THE SUPERINTENDENT OF 49
SCHOOLS OF THE SCHOOL DISTRICT WHERE THE MINOR RESIDES: 50
(1) THOSE who are to be employed during summer vacation 53
months after the last day of the school term in the spring and 54
before the first day of the school term in the fall, in 55
nonagricultural and nonhazardous employment as defined by the 56
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 57
201, and similar state statutes, or in other employment not 58
prohibited to minors age sixteen or seventeen by law, shall not 59
be required to provide an age and schooling certificate as a 60
condition of employment. In order to;
(2) THOSE WHO ARE TO BE EMPLOYED NOT MORE THAN TWO MONTHS 62
BEFORE THE LAST DAY OF THE SCHOOL TERM IN THE SPRING AND NOT MORE 63
THAN TWO MONTHS AFTER THE FIRST DAY OF THE SCHOOL TERM IN THE 64
FALL BY A SEASONAL AMUSEMENT OR RECREATIONAL ESTABLISHMENT. 65
(C) TO be hired for THE TYPE OF employment during summer 68
vacation months, such DESCRIBED IN DIVISION (B) OF THIS SECTION, 69
minors shall provide the employer with the following: 70
(1) Evidence of proof of age in the same manner as proof 72
of age is provided the superintendent of schools under division 73
(C) of section 3331.02 of the Revised Code; 74
(2) A statement signed by the minor's parent or guardian 76
consenting to the proposed employment during the summer vacation 77
months. For the purposes of this section, in the absence of a 78
parent or guardian, a person over eighteen years of age with whom 79
the minor resides may sign such statement; 80
(3) AN AGE AND SCHOOLING CERTIFICATE IF ONE IS REQUIRED BY 81
THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL DISTRICT WHERE THE 82
MINOR RESIDES.
The employer shall retain a copy of the proof of age and 84
the statement of consent with the employment records of the 85
3
minor. 86
(D) AS USED IN THIS SECTION, "SEASONAL AMUSEMENT OR 88
RECREATIONAL ESTABLISHMENT" MEANS BOTH OF THE FOLLOWING: 89
(1) AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT THAT DOES 91
NOT OPERATE FOR MORE THAN SEVEN MONTHS IN ANY CALENDAR YEAR; 92
(2) AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHOSE 94
AVERAGE RECEIPTS FOR ANY SIX MONTHS DURING THE PRECEDING CALENDAR 95
YEAR WERE NOT MORE THAN THIRTY-THREE AND ONE-THIRD PER CENT OF 96
ITS AVERAGE RECEIPTS FOR THE OTHER SIX MONTHS OF THAT CALENDAR 97
YEAR.
Section 2. That existing section 4109.02 of the Revised 99
Code is hereby repealed. 100
Section 3. This act is hereby declared to be an emergency 102
measure necessary for the immediate preservation of the public 103
peace, health, and safety. The reason for the necessity is that 104
seasonal amusement industries will shortly begin hiring workers 105
for the coming 1999 season and need the necessary authorizations 106
provided by the act prior to the actual start of the season.
Therefore, this act shall go into immediate effect. 107