As Reported by the Senate Insurance, Commerce and Labor Committee  1            

123rd General Assembly                                             4            

   Regular Session                              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           

                          SENATOR NEIN                             12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend section 4109.02 of the Revised Code to       16           

                exempt minors aged sixteen and seventeen from      17           

                having to provide an age and schooling                          

                certificate to be employed during a specified      18           

                seasonal period at a seasonal amusement or                      

                recreational establishment, except when            19           

                specifically required, and to declare an           20           

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 4109.02 of the Revised Code be      24           

amended to read as follows:                                        25           

      Sec. 4109.02.  (A)  Except as provided in division (B) of    34           

this section or in section 4109.06 of the Revised Code, no minor   35           

of compulsory school age shall be employed by any employer unless  36           

the minor presents to the employer a proper age and schooling      37           

certificate, as a condition of employment.  The employer shall     38           

keep the certificate on file in the establishment where the minor  39           

is employed or in the office of the business or in the residence   40           

in or about which the minor is employed for inspection by any      41           

enforcement official.                                              42           

      A valid certificate constitutes conclusive evidence of the   44           

age of the minor and of the employer's right to employ the minor   45           

                                                          2      


                                                                 
in occupations not denied by law to minors of that age under       46           

section 4109.06 of the Revised Code or rules adopted thereunder.   47           

      (B)  Minors THE FOLLOWING MINORS aged sixteen or seventeen   49           

ARE NOT REQUIRED TO PROVIDE AN AGE AND SCHOOLING CERTIFICATE AS A  50           

CONDITION OF EMPLOYMENT:                                           51           

      (1)  THOSE who are to be employed during summer vacation     54           

months after the last day of the school term in the spring and     55           

before the first day of the school term in the fall, in            56           

nonagricultural and nonhazardous employment as defined by the      57           

"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.     58           

201, and similar state statutes, or in other employment not        59           

prohibited to minors age sixteen or seventeen by law, shall not    60           

be required to provide an age and schooling certificate as a       61           

condition of employment.  In order to;                                          

      (2)  THOSE WHO ARE TO BE EMPLOYED NOT MORE THAN TWO MONTHS   63           

BEFORE THE LAST DAY OF THE SCHOOL TERM IN THE SPRING AND NOT MORE  64           

THAN TWO MONTHS AFTER THE FIRST DAY OF THE SCHOOL TERM IN THE      65           

FALL BY A SEASONAL AMUSEMENT OR RECREATIONAL ESTABLISHMENT,        66           

UNLESS REQUIRED BY THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL     67           

DISTRICT WHERE THE MINOR RESIDES.                                  68           

      (C)  TO be hired for THE TYPE OF employment during summer    71           

vacation months, such DESCRIBED IN DIVISION (B) OF THIS SECTION,   72           

minors shall provide the employer with the following:              73           

      (1)  Evidence of proof of age in the same manner as proof    75           

of age is provided the superintendent of schools under division    76           

(C) of section 3331.02 of the Revised Code;                        77           

      (2)  A statement signed by the minor's parent or guardian    79           

consenting to the proposed employment during the summer vacation   80           

months.  For the purposes of this section, in the absence of a     81           

parent or guardian, a person over eighteen years of age with whom  82           

the minor resides may sign such statement;                         83           

      (3)  AN AGE AND SCHOOLING CERTIFICATE IF ONE IS REQUIRED     84           

UNDER DIVISION (B)(2) OF THIS SECTION BY THE SUPERINTENDENT OF     86           

SCHOOLS OF THE SCHOOL DISTRICT WHERE THE MINOR RESIDES.                         

                                                          3      


                                                                 
      The employer shall retain a copy of the proof of age and     88           

the statement of consent with the employment records of the        89           

minor.                                                             90           

      (D)  AS USED IN THIS SECTION, "SEASONAL AMUSEMENT OR         92           

RECREATIONAL ESTABLISHMENT" MEANS BOTH OF THE FOLLOWING:           93           

      (1)  AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT THAT DOES    95           

NOT OPERATE FOR MORE THAN SEVEN MONTHS IN ANY CALENDAR YEAR;       96           

      (2)  AN AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHOSE        98           

AVERAGE RECEIPTS FOR ANY SIX MONTHS DURING THE PRECEDING CALENDAR  99           

YEAR WERE NOT MORE THAN THIRTY-THREE AND ONE-THIRD PER CENT OF     100          

ITS AVERAGE RECEIPTS FOR THE OTHER SIX MONTHS OF THAT CALENDAR     101          

YEAR.                                                                           

      Section 2.  That existing section 4109.02 of the Revised     103          

Code is hereby repealed.                                           104          

      Section 3.  This act is hereby declared to be an emergency   106          

measure necessary for the immediate preservation of the public     107          

peace, health, and safety.  The reason for the necessity is that   108          

seasonal amusement industries will shortly begin hiring workers    109          

for the coming 1999 season and need the necessary authorizations   110          

provided by the act prior to the actual start of the season.                    

Therefore, this act shall go into immediate effect.                111