As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. 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
SENATORS NEIN-ESPY-CARNES-ARMBRUSTER-GARDNER-WHITE-LATTA-MUMPER- 12
WACHTMANN-SPADA-BRADY-BLESSING 13
_________________________________________________________________ 15
A B I L L
To amend section 4109.02 of the Revised Code to 17
exempt minors aged sixteen and seventeen from 18
having to provide an age and schooling
certificate to be employed during a specified 19
seasonal period at a seasonal amusement or
recreational establishment, except when 20
specifically required, and to declare an 21
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 4109.02 of the Revised Code be 25
amended to read as follows: 26
Sec. 4109.02. (A) Except as provided in division (B) of 35
this section or in section 4109.06 of the Revised Code, no minor 36
of compulsory school age shall be employed by any employer unless 37
the minor presents to the employer a proper age and schooling 38
certificate, as a condition of employment. The employer shall 39
keep the certificate on file in the establishment where the minor 40
is employed or in the office of the business or in the residence 41
in or about which the minor is employed for inspection by any 42
enforcement official. 43
A valid certificate constitutes conclusive evidence of the 45
2
age of the minor and of the employer's right to employ the minor 46
in occupations not denied by law to minors of that age under 47
section 4109.06 of the Revised Code or rules adopted thereunder. 48
(B) Minors THE FOLLOWING MINORS aged sixteen or seventeen 50
ARE NOT REQUIRED TO PROVIDE AN AGE AND SCHOOLING CERTIFICATE AS A 51
CONDITION OF EMPLOYMENT: 52
(1) THOSE who are to be employed during summer vacation 55
months after the last day of the school term in the spring and 56
before the first day of the school term in the fall, in 57
nonagricultural and nonhazardous employment as defined by the 58
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 59
201, and similar state statutes, or in other employment not 60
prohibited to minors age sixteen or seventeen by law, shall not 61
be required to provide an age and schooling certificate as a 62
condition of employment. In order to;
(2) THOSE WHO ARE TO BE EMPLOYED NOT MORE THAN TWO MONTHS 64
BEFORE THE LAST DAY OF THE SCHOOL TERM IN THE SPRING AND NOT MORE 65
THAN TWO MONTHS AFTER THE FIRST DAY OF THE SCHOOL TERM IN THE 66
FALL BY A SEASONAL AMUSEMENT OR RECREATIONAL ESTABLISHMENT, ON 67
THE CONDITION THAT, FOR THE PERIOD WHILE SCHOOL IS IN SESSION, 68
THEY ARE TO BE EMPLOYED ONLY FOR HOURS THAT OCCUR BETWEEN THE END 69
OF THE SCHOOL DAY ON FRIDAY AND ELEVEN p.m. ON SUNDAY, UNLESS 71
REQUIRED BY THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL DISTRICT 72
WHERE THE MINOR RESIDES.
(C) TO be hired for THE TYPE OF employment during summer 75
vacation months, such DESCRIBED IN DIVISION (B) OF THIS SECTION, 76
minors shall provide the employer with the following: 77
(1) Evidence of proof of age in the same manner as proof 79
of age is provided the superintendent of schools under division 80
(C) of section 3331.02 of the Revised Code; 81
(2) A statement signed by the minor's parent or guardian 83
consenting to the proposed employment during the summer vacation 84
months. For the purposes of this section, in the absence of a 85
parent or guardian, a person over eighteen years of age with whom 86
3
the minor resides may sign such statement; 87
(3) AN AGE AND SCHOOLING CERTIFICATE IF ONE IS REQUIRED 88
UNDER DIVISION (B)(2) OF THIS SECTION BY THE SUPERINTENDENT OF 90
SCHOOLS OF THE SCHOOL DISTRICT WHERE THE MINOR RESIDES.
The employer shall retain a copy of the proof of age and 92
the statement of consent with the employment records of the 93
minor. 94
(D) AS USED IN THIS SECTION, "SEASONAL AMUSEMENT OR 96
RECREATIONAL ESTABLISHMENT" MEANS BOTH OF THE FOLLOWING: 97
(1) AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT THAT DOES 99
NOT OPERATE FOR MORE THAN SEVEN MONTHS IN ANY CALENDAR YEAR; 100
(2) AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHOSE 102
AVERAGE RECEIPTS FOR ANY SIX MONTHS DURING THE PRECEDING CALENDAR 103
YEAR WERE NOT MORE THAN THIRTY-THREE AND ONE-THIRD PER CENT OF 104
ITS AVERAGE RECEIPTS FOR THE OTHER SIX MONTHS OF THAT CALENDAR 105
YEAR.
Section 2. That existing section 4109.02 of the Revised 107
Code is hereby repealed. 108
Section 3. This act is hereby declared to be an emergency 110
measure necessary for the immediate preservation of the public 111
peace, health, and safety. The reason for the necessity is that 112
seasonal amusement industries will shortly begin hiring workers 113
for the coming 1999 season and need the necessary authorizations 114
provided by the act prior to the actual start of the season.
Therefore, this act shall go into immediate effect. 115