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