REPRESENTATIVES Collier, Schaffer, Lendrum, Hollister, Seitz, Calvert, Webster, Setzer, Schmidt, Gilb, Hagan, White, Sullivan, Husted, Reidelbach, Willamowski, D. Miller, Patton, Carmichael, Flowers, Schneider

To amend sections 3331.01, 3331.02, 3331.06, 3331.07,

1

3331.08, 3331.09, 3331.11, 3331.12, 3331.13,

2

3331.14, 4109.02, 4109.03, 4109.06, 4109.08, and

3

4109.09, to repeal sections 3331.05 and 3331.15 of

4

the Revised Code, and to amend the version of

5

section 4109.08 of the Revised Code that is

6

scheduled to take effect January 1, 2002, to

7

continue the provisions of this act on and after

8

that effective date, to require the electronic

9

filing of age and schooling certificates and, for

10

nonpublic schools, require the chief administrative

11

officer of a nonpublic school to issue age and

12

schooling certificates instead of the

13

superintendent of the school district, and to make

14

other changes relative to age and schooling

15

certificates.

16

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

Section 1. That sections 3331.01, 3331.02, 3331.06, 3331.07,	17
3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14, 4109.02,	18
4109.03, 4109.06, 4109.08, and 4109.09 of the Revised Code be	19
amended to read as follows:	20

Sec. 3331.01. (A) As used in this chapter, the	21
"superintendent":	22

(1) Superintendent" or "superintendent of schools" of a	23
school district or an educational service center means the person	24
employed as the superintendent or that person's designee.	25

(2) "Chief administrative officer" means the chief	26
administrative officer of a nonpublic or community school or that	27
person's designee.	28

An(B)(1) Except as provided in division (B)(2) of this	29
section, an age and schooling certificate may be issued only by	30
the superintendent of the city, local, joint vocational, or	31
exempted village school district or educational service center in	32
which the child in whose name such certificate is issued resides	33
or by the chief administrative officer of the nonpublic or	34
community school the child attends, and only upon satisfactory	35
proof that the child to whom the certificate is issued is at least	36
sixteen years of age and has satisfactorily completed a vocational	37
education or special education program adequate to prepare	38
students for an occupation.	39

(2) A child who is instructed at home shall apply for an age	40
and schooling certificate to the superintendent who granted the	41
excuse from attendance pursuant to division (A)(2) of section	42
3321.04 of the Revised Code. Residents of other states who work	43
in Ohio must qualify withshall apply to the proper school	44
authority insuperintendent of the school district or educational	45
service center service area in which the establishmentplace of	46
employment is located, as a condition of employment or service.	47

(C) Any such age and schooling certificate may be issued	48
only upon satisfactory proof that the employment contemplated by	49
the child is not prohibited by any law regulating the employment	50
of such children; and the employer of any minor for whom such age	51
and schooling certificate has been issued shall keep such age and	52
schooling certificate on file. Section 4113.08 of the Revised	53
Code does not apply to such employer in respect to such child	54
while engaged in an employment legal for a child of the age stated	55
therein.	56

(D) Age and schooling certificate forms shall be formulated	57
approved by the state board of education, and except in cases	58
otherwise specified by sections 3331.04 and 3331.05 of the Revised	59
Code must be printed on white paper, including forms submitted	60
electronically. Except as otherwise provided in this section,	61
every suchapplication for an age and schooling certificate must	62
be signed in the presence of the officer issuing it by the child	63
in whose name it is issued.	64

(E) A child who resides in a local school district shall	65
apply for an age and schooling certificate with the appropriate	66
superintendent of the local school districtor chief	67
administrative officer and shall furnish the superintendent or	68
chief administrative officer all information required by this	69
chapter in support of the issuance of a certificate. The local	70
superintendent shall forward all such information to the	71
educational service center superintendent. If upon receiving,	72
examining, approving, and filing such information the educational	73
service center superintendent issues a certificate, such	74
superintendent shall deliver it to the local superintendent. No	75
certificate issued in this manner shall be valid until signed in	76
the presence of the local superintendent by the child in whose	77
name it is issued. During any time the offices of the local	78
school district close during regular business hours, a child who	79
resides in the local district may apply directly to the	80
educational service center superintendent who may issue an age and	81
schooling certificate directly to the child. The educational	82
service center superintendent shall inform the local	83
superintendent of each certificate issued in this manner.	84

(F) On and after January 1, 2002, each superintendent who	85
issues an age and schooling certificate shall file electronically	86
the certificate with the director of commerce in accordance with	87
rules adopted by the director of administrative services pursuant	88
to section 1306.21 of the Revised Code. On and after January 1,	89
2002, only electronically filed certificates are valid to satisfy	90
the requirements of Chapter 4109. of the Revised Code.	91

Sec. 3331.02. (A) The superintendent of schools or the chief	92
administrative officer, as appropriate pursuant to section 3331.01	93
of the Revised Code, shall not issue an age and schooling	94
certificate until hethe superintendent or chief administrative	95
officer has received, examined, approved, and filed the following	96
papers duly executed:	97

(A)(1) The written pledge or promise of the person,	98
partnership, or corporation to legally employ the child, and for	99
this purpose work performed by a minor, directly and exclusively	100
for the benefit of such minor's parent, in the farm home or on the	101
farm of such parent is legal employment, irrespective of any	102
contract of employment, or the absence thereof, to permit himthe	103
child to attend school as provided in section 3321.08 of the	104
Revised Code, and to return to the superintendent the age and	105
schooling certificate of the child or give notice of the nonuse	106
thereofof an age and schooling certificate within twofive days	107
from the date of the child's withdrawal or dismissal from the	108
service of that person, partnership, or corporation, giving the	109
reasons for such withdrawal or dismissal;	110

(B)(2) The school record of the child, properly filled out	111
and signed by the person in charge of the school which the child	112
last attended; giving the recorded age of the child, histhe	113
child's address, standing in studies, rating in conduct, and	114
attendance in days during the school year of histhe child's last	115
attendance, and if that was not a full year, during the preceding	116
school year;	117

(C)(3) Evidence of the age of the child as follows:

118

(1)(a) A certified copy of an original birth record or a	119
certification of birth, issued in accordance with Chapter 3705. of	120
the Revised Code, or by an officer charged with the duty of	121
recording births in another state or country, shall be conclusive	122
evidence of the age of the child;	123

(2)(b) In the absence of such birth record or certification	124
of birth, a passport, or duly attested transcript thereof, showing	125
the date and place of birth of the child, filed with a register of	126
passports at a port of entry of the United States; or an attested	127
transcript of the certificate of birth or baptism or other	128
religious record, showing the date and place of birth of the	129
child, shall be conclusive evidence of the age of the child;	130

(3)(c) In case none of the above proofs of age can be	131
produced, other documentary evidence, except the affidavit of the	132
parent, guardian, or custodian, satisfactory to the superintendent	133
or chief administrative officer may be accepted in lieu thereof;	134

(4)(d) In case no documentary proof of age can be procured,	135
the superintendent or chief administrative officer may receive and	136
file an application signed by the parent, guardian, or custodian	137
of the child that a physician's certificate be secured to	138
establish the sufficiency of the age of the child, which	139
application shall state the alleged age of the child, the place	140
and date of birth, histhe child's present residence, and such	141
further facts as may be of assistance in determining the age of	142
the child, and shall certify that the person signing the	143
application is unable to obtain any of the documentary proofs	144
specified in divisions (C) (1)(A)(3)(a), (2)(b), and (3)(c) of	145
this section; and if the superintendent or chief administrative	146
officer is satisfied that a reasonable effort to procure such	147
documentary proof has been without success such application shall	148
be granted and the certificate of the school physician or if there	149
be none, of a physician employed by the board of education, that	150
said physician is satisfied that the child is above the age	151
required for an age and schooling certificate as stated in section	152
3331.01 of the Revised Code, shall be accepted as sufficient	153
evidence of age;	154

(D)(4) A certificate, including an athletic certificate of	155
examination, from the schoola physician licensed pursuant to	156
Chapter 4731. of the Revised Code or physician designated by him	157
assistant licensed pursuant to Chapter 4730. of the Revised Code,	158
or if there is no school physician from the district health	159
commission, or physician designated by himcommissioner, showing	160
after a thorough examination that the child is physically fit to	161
be employed in such occupations as are not prohibited by law for a	162
boy or girl, as the case may be, under eighteen years of age; but	163
a certificate with "limited" written, printed, marked, or stamped	164
diagonally across its facethereon may be furnished by such	165
physician or physician assistant and accepted by the	166
superintendent or chief administrative officer in issuing a	167
"limited" age and schooling certificate provided in section	168
3331.06 of the Revised Code, showing that the child is physically	169
fit to be employed in some particular occupation not prohibited by	170
law for a boy or girl of such child's age, as the case may be,	171
even if the child's complete physical ability to engage in such	172
occupation cannot be vouched for.	173

(B)(1) Except as provided in division (B)(2) of this	174
section, a physical fitness certificate described in division	175
(A)(4) of this section is valid for purposes of that division	176
while the child remains employed in job duties of a similar nature	177
as the job duties for which the child last was issued an age and	178
schooling certificate. The superintendent or chief administrative	179
officer who issues an age and schooling certificate shall	180
determine whether job duties are similar for purposes of this	181
division.	182

(2) A "limited" physical fitness certificate described in	183
division (A)(4) of this section is valid for one year.	184

(C) The superintendent of schools or the chief	185
administrative officer shall require a child who resides out of	186
this state to file all the information required under division (A)	187
of this section. The superintendent of schools or the chief	188
administrative officer shall evaluate the information filed and	189
determine whether to issue the age and schooling certificate using	190
the same standards as those the superintendent or officer uses for	191
in-state children.	192

Sec. 3331.06.  The age and schooling certificate provided in	193
sections 3331.01 to 3331.05, inclusive,3331.04 of the Revised	194
Code, shall be issued only with the word "limited" printed,	195
marked, or stamped diagonally across its facethereon if the	196
certificate of the physician provided in section 3331.02 or	197
3331.07 of the Revised Code, is a limited certificate, and in that	198
case the particular employment to which it is limited shall be	199
stated in the certificate, and the certificate cannot serve as the	200
legal age and schooling certificate for employment in another	201
occupation.	202

Sec. 3331.07.  When an age and schooling certificate,	203
returned according to section 3331.02 of the Revised Code, is	204
reissued, the pledge of the new employer andshall be secured and	205
filed. A physical fitness certificate from the schoola	206
physician or other person in his steadphysician assistant as	207
described in division (A)(4) of section 3331.02 of the Revised	208
Code shall also be secured and filed if the physical fitness	209
certificate used in the issuing of the previously issued age and	210
schooling certificate is no longer valid, as determined pursuant	211
to division (B) of section 3331.02 of the Revised Code.	212

Sec. 3331.08.  In case a superintendent of schools refuses to	213
excuse a child from attendance at school for one of the reasons	214
stated in section 3321.04 of the Revised Code, or a superintendent	215
or a chief administrative officer refuses upon request to grant an	216
age and schooling certificate as provided in section 3331.01 of	217
the Revised Code, an appeal may be taken from such decision to the	218
juvenile judge of the county, upon the giving of bond, within ten	219
days thereafter, to the approval of such judge, to pay the costs	220
of appeal. HisThe juvenile judge's decision in the matter shall	221
be final.	222

Sec. 3331.09.  The superintendent of schools or chief	223
administrative officer issuing an age and schooling certificate	224
may revoke such certificate on account of noncompliance with	225
stipulations, physical condition of the child, or other sufficient	226
cause. The superintendent, or other issuing authority of the	227
district in which the child is employed may revoke the age and	228
schooling certificate of such child for failure to attend	229
part-time schools or classes as required by sections 3321.08 and	230
3321.10 of the Revised Code.	231

Sec. 3331.11.  Records shall be kept on file inavailable	232
from the office issuing the age and schooling certificate:	233

(A) Giving all the facts contained in every age and school	234
certificate issued;	235

(B) The names and addresses of the children to whom	236
certificates have been refused, together with the names of the	237
schools and grades which such children should attend and the	238
reasons for the refusal;	239

(C) All certificates returned or no longer used, as provided	240
in sectionssection 3331.02 and 3331.05 of the Revised Code, with	241
the reasons therefor, and the subsequent assignment of the child	242
to a school;	243

(D) The conditions on which any certificates were issued;

244

(E) The pledge given in connection with the certificate;

245

(F) The special facts connected with the issuing of	246
nonstandard or limited certificates. The superintendent of public	247
instruction may prescribe methods for the filing, including	248
electronic filing, of all such facts, records, and papers, for the	249
purpose of effective reference. These records are not required in	250
cases of certificates denied to those determined immediately at	251
the time of inquiry to be of insufficient age.	252

No age and schooling certificate shall be valid for	253
employment in any other school district than that in which it is	254
issued, unless it is countersigned by the certificate-issuing	255
authority of the district in which the child is employed, which	256
issuing authority shall give its countersignature upon	257
presentation of such certificate.	258

Sec. 3331.12.  When any officer charged with the enforcement	259
of child labor laws discovers any child who in histhe officer's	260
judgment is under fourteen years of age employed by a person who	261
is not the parent or guardian of such child, the officer may cause	262
such child to discontinue employment until satisfactory proof of	263
lawful age is furnished. Any child over fourteen years of age	264
employed during hours when the public school to which he is	265
assigned is not in session in occupations not prohibited to him by	266
Chapter 4109. of the Revised Code, may upon application receive	267
from the certificate-issuing authority of the school district in	268
which he lives a part-time and vacation certificate under the	269
conditions provided for such certificates.	270

Sec. 3331.13.  Whenever the school record of a child as	271
specified in section 3331.02 of the Revised Code, is required for	272
the purpose of determining histhe child's eligibility to an age	273
and schooling certificate, such record shall be furnished by the	274
superintendent, principal, teacher, or other official in charge of	275
the public, private, or parochial, or home school attended by the	276
child within two days after a request for the same is made by the	277
parent, guardian, or custodian of the child.	278

Sec. 3331.14.  The parent or guardian of a child of	279
compulsory school age shall secure and keep on file the proper age	280
and schooling certificate of histhe parent's or guardian's child	281
or ward if such child or ward is employed by him and shall return	282
such certificate as provided in section 3331.02 of the Revised	283
Code, but athe parent or guardian need not secure and keep on	284
file a special or vacation certificate of his child or ward if	285
such child or ward is to be employed by him personally when school	286
is not in session.	287

Sec. 4109.02.  (A) Except as provided in division (B) of	288
this section or in section 4109.06 of the Revised Code, no minor	289
of compulsory school age shall be employed by any employer unless	290
the minor presents to the employer a proper age and schooling	291
certificate as a condition of employment. The employer shall keep	292
the certificate on file in the establishment where the minor is	293
employed or in the office of the business or in the residence in	294
or about which the minor is employed for inspection by any	295
enforcement official.	296

A valid certificate constitutes conclusive evidence of the	297
age of the minor and of the employer's right to employ the minor	298
in occupations not denied by law to minors of that age under	299
section 4109.06 of the Revised Code or rules adopted under that	300
section.	301

(B) The following minors aged sixteen or seventeen are not	302
required to provide an age and schooling certificate as a	303
condition of employment:	304

(1) Those who are to be employed during summer vacation	305
months after the last day of the school term in the spring and	306
before the first day of the school term in the fall, in	307
nonagricultural and nonhazardous employment as defined by the	308
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.	309
201, and similar state statutes, or in other employment not	310
prohibited to minors age sixteen or seventeen by law;	311

(2) Unless required by the superintendent of schools of the	312
school district where the minor resides or by the chief	313
administrative officer of the nonpublic or community school the	314
child attends, those who are to be employed not more than two	315
months before the last day of the school term in the spring and	316
not more than two months after the first day of the school term in	317
the fall by a seasonal amusement or recreational establishment, on	318
the condition that the following are satisfied:	319

(a) For the period prior to Memorial day and after Labor day	320
while school is in session, they are to be employed only for hours	321
that occur between the end of the school day on Friday and eleven	322
p.m. on Sunday.	323

(b) For the period from Memorial day until the last day of	324
the school term in the spring and from the first day of the school	325
term in the fall until Labor day, they are to be employed only for	326
hours that occur between the end of the school day and nine p.m.	327
on Monday through Thursday and only for hours that occur between	328
the end of the school day on Friday and eleven p.m. on Sunday.	329

(C) To be hired for the type of employment described in	330
division (B) of this section, minors shall provide the employer	331
with the following:	332

(1) Evidence of proof of age in the same manner as proof of	333
age is provided the superintendent of schools or chief	334
administrative officer under division (C)(A)(3) of section 3331.02	335
of the Revised Code;	336

(2) A statement signed by the minor's parent or guardian	337
consenting to the proposed employment. For the purposes of this	338
section, in the absence of a parent or guardian, a person over	339
eighteen years of age with whom the minor resides may sign the	340
statement.	341

(3) An age and schooling certificate if one is required	342
under division (B)(2) of this section by the superintendent of	343
schools of the school district where the minor resides or by the	344
chief administrative officer of the nonpublic or community school	345
the child attends.	346

The employer shall retain a copy of the proof of age and the	347
statement of consent with the employment records of the minor.	348

(D) As used in this section:

349

(1) "Labor day" and "Memorial day" have the same meanings as	350
provided for those days in section 1.14 of the Revised Code.	351

(2) "Seasonal amusement or recreational establishment" means	352
both of the following:	353

(a) An amusement or recreational establishment that does not	354
operate for more than seven months in any calendar year;	355

(b) An amusement or recreational establishment whose average	356
receipts for any six months during the preceding calendar year	357
were not more than thirty-three and one-third per cent of its	358
average receipts for the other six months of that calendar year.	359

Sec. 4109.03.  No employer shall employ a minor before	360
exacting from such minorthoroughly reviewing the minor's age and	361
schooling certificate, required by law, or fail to keep such	362
certificate on file, or fail to returngive notice to the	363
superintendent of schools or his authorized representativechief	364
administrative officer who issued such certificate or give notice	365
of the nonuse thereofof the certificate within five working days	366
from such minor's withdrawal or dismissal from histhe employer's	367
service, or continue to employ a minor after histhe minor's age	368
and schooling certificate is void, or refuse to permit an	369
enforcement official to examine such certificate, to observe the	370
conditions under which minors are employed, or to make reasonable	371
inquiry of minors or persons supposed by such official to be under	372
eighteen in regard to matters pertaining to their age, employment,	373
or schooling.	374

Sec. 4109.06.  (A) This chapter does not apply to:

375

(1) Minors who are students working on any properly guarded	376
machines in the manual training department of any school when the	377
work is performed under the personal supervision of an instructor;	378

(2) Students participating in a vocational program approved	379
by the Ohio department of education;	380

(3) A minor participating in a play, pageant, or concert	381
produced by an outdoor historical drama corporation, a	382
professional traveling theatrical production, a professional	383
concert tour, or a personal appearance tour as a professional	384
motion picture star, or as an actor or performer in motion	385
pictures or in radio or television productions in accordance with	386
the rules adopted pursuant to division (A) of section 4109.05 of	387
the Revised Code;	388

(4) The participation without remuneration of a minor with	389
the consent of a parent or guardian, in a performance given by a	390
church, school, or academy, or at a concert or entertainment given	391
solely for charitable purposes, or by a charitable or religious	392
institution;	393

(5) To minors who are employed by their parents in	394
occupations other than occupations prohibited by rule adopted	395
under this chapter;	396

(6) Minors engaged in the delivery of newspapers to the	397
consumer;	398

(7) Minors who have received a high school diploma or a	399
certificate of attendance from an accredited secondary school or a	400
certificate of high school equivalence;	401

(8) Minors who are currently heads of households or are	402
parents contributing to the support of their children;	403

(9) Minors engaged in lawn mowing, snow shoveling, and other	404
related employment;	405

(10) Minors employed in agricultural employment in	406
connection with farms operated by their parents, grandparents, or	407
guardians where they are members of the guardians' household.	408
Minors are not exempt from this chapter if they reside in	409
agricultural labor camps as defined in section 3733.41 of the	410
Revised Code.	411

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the	412
Revised Code do not apply to:	413

(1) Minors who work in a sheltered workshop operated by a	414
county board of mental retardation;	415

(2) Minors performing services for a nonprofit organization	416
where the minor receives no compensation, except for any expenses	417
incurred by the minor or except for meals provided to the minor;	418

(3) Minors employed in agricultural employment and who do	419
not reside in agricultural labor camps.	420

(C) Division (D) of section 4109.07 of the Revised Code does	421
not apply to minors who have their employment hours established as	422
follows:	423

(1) A minor adjudicated to be an unruly child or delinquent	424
child who, as a result of the adjudication is placed on probation	425
may either file a petition in the juvenile court in whose	426
jurisdiction the minor resides, or apply to the superintendent of	427
the school districtor to the chief administrative officer who	428
issued the minor's age and schooling certificate pursuant to	429
section 3331.01 of the Revised Code alleging the restrictions on	430
the hours of employment described in division (D) of section	431
4109.07 of the Revised Code will cause a substantial hardship or	432
are not in the minor's best interests. Upon receipt of a petition	433
or application, the court or, the superintendent, or the chief	434
administrative officer, as appropriate, shall consult with the	435
person required to supervise the minor on probation. If after	436
such consultation the court or, the superintendent, or the chief	437
administrative officer finds the minor has failed to show the	438
restrictions will result in a substantial hardship or that the	439
restrictions are not in the minor's best interests, the court or,	440
the superintendent, or the chief administrative officer shall	441
uphold the restrictions. If after such consultation the court or,	442
the superintendent, or the chief administrative officer finds the	443
minor has shown the restricted hours will cause a substantial	444
hardship or are not in the minor's best interests, the court or,	445
the superintendent, or the chief administrative officer shall	446
establish differing hours of employment for the minor and notify	447
the minor and the minor's employer of such hours, which shall be	448
binding in lieu of the restrictions on the hours of employment	449
described in division (D) of section 4109.07 of the Revised Code.	450

(2) Any minor to whom division (C)(1) of this section does	451
not apply may either file a petition in the juvenile court in	452
whose jurisdiction the person resides, or apply to the	453
superintendent of the school districtor to the chief	454
administrative officer who issued the minor's age and schooling	455
certificate pursuant to section 3331.01 of the Revised Code	456
alleging the restrictions on the hours of employment described in	457
division (D) of section 4109.07 of the Revised Code will cause a	458
substantial hardship or are not in the minor's best interests.	459

If, as a result of a petition or application, the court or,	460
the superintendent, or the chief administrative officer, as	461
appropriate, finds the minor has failed to show such restrictions	462
will result in a substantial hardship or that the restrictions are	463
not in the minor's best interests, the court or, the	464
superintendent, or the chief administrative officer shall uphold	465
the restrictions. If the court or, superintendent, or chief	466
administrative officer finds the minor has shown the restricted	467
hours will cause a substantial hardship or are not in the minor's	468
best interests, the court or, superintendent, or chief	469
administrative officer shall establish the hours of employment for	470
the minor and shall notify the minor and the minor's employer of	471
such hours.	472

(D) As used in this section, "certificate of high school	473
equivalence" means a statement issued by the state board of	474
education or an equivalent agency of another state that the holder	475
thereof has achieved the equivalent of a high school education as	476
measured by scores obtained on the tests of general educational	477
development published by the American council on education.	478

Sec. 4109.08.  (A) No minor shall be employed unless the	479
employer keeps on the premises a complete list of all minors	480
employed by the employer at a particular establishment and a	481
printed abstract to be furnished by the director of commerce	482
summarizing the provisions of this chapter.	483

The list and abstract shall be posted in plain view in a	484
conspicuous place which is frequented by the largest number of	485
minor employees, and to which all minor employees have access.	486

(B) An enforcement official may require any employer, in or	487
about whose establishment an employee apparently under eighteen	488
years of age is employed and whose age and schooling certificate	489
is not filedon file with the director of commerce as required by	490
section 4109.023331.01 of the Revised Code, to furnish the	491
enforcement official satisfactory evidence that the employee is in	492
fact eighteen years of age or older. The enforcement official	493
shall require from the employer, unless an over-age certificate	494
issued in accordance with section 3331.15 of the Revised Code is	495
held by the employee, the same evidence of age of the employee as	496
is required by section 3331.02 of the Revised Code upon the	497
issuance of an age and schooling certificate. No employer shall	498
fail to produce the evidence.	499

(C) Any employee apparently under eighteen years of age,	500
working in any occupation or establishment with respect to which	501
there are restrictions by rule or law governing the employment of	502
minors, with respect to whom the employer has not furnished	503
satisfactory evidence that the person is at or above the age	504
required for performance of employment with the employer after	505
being requested to do so, and who refuses to give to an	506
enforcement official the employee's name, age, and place of	507
residence may be taken into custody and charged with being an	508
unruly child or other appropriate charge under Chapter 2151. of	509
the Revised Code.	510

(D) No person shall, with the intent to assist a minor to	511
procure employment, make a false statement by any means, including	512
by submitting falsified forms electronically, to any employer or	513
to any person authorized to issue an age and schooling	514
certificate.	515

Sec. 4109.09.  (A) After a minor employee has made a	516
written request that an employer return hisgive notice of the	517
nonuse of the minor's age and schooling certificate, should the	518
employer fail to mail the document to the issuing authority within	519
three days of receipt of the request, the minor shall be entitled	520
to recover from the employer an amount equal to the wages which he	521
would have been earned had hethe minor continued in employment	522
for the period between the receipt of the request by the employer	523
and the initiation of the suit or compliance with the request by	524
the employer.	525

(B) If any minor fails to appear for work without	526
explanation for three days, an employer shall consider the	527
employment terminated, and shall returngive notice of the nonuse	528
of the age and schooling certificate to the issuing authority.	529

Section 2. That existing sections 3331.01, 3331.02, 3331.06,	530
3331.07, 3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14,	531
4109.02, 4109.03, 4109.06, 4109.08, and 4109.09 and sections	532
3331.05 and 3331.15 of the Revised Code are hereby repealed.	533

Section 3.  On and before December 31, 2001, an employer who	534
employs minors of compulsory school age shall do all of the	535
following:	536

(A) Before employing a minor, extract from the minor the	537
minor's age and schooling certificate and keep the certificate of	538
each minor the employer employs on file in the establishment where	539
the minor is employed or in the office of the business or in the	540
residence in or about which the minor is employed for inspection	541
by any enforcement official;	542

(B) Return a minor's age and schooling certificate to the	543
superintendent of schools or the superintendent's authorized	544
representative, or give notice of the nonuse of the certificate	545
within five working days after the minor's withdrawal or dismissal	546
from the employer's service;	547

(C) Permit an enforcement official to examine the age and	548
schooling certificate of each minor employed by the employer.	549

Section 4. That the version of section 4109.08 of the Revised	550
Code that is scheduled to take effect January 1, 2002, be amended	551
to read as follows:	552

Sec. 4109.08.  (A) No minor shall be employed unless the	553
employer keeps on the premises a complete list of all minors	554
employed by the employer at a particular establishment and a	555
printed abstract to be furnished by the director of commerce	556
summarizing the provisions of this chapter.	557

The list and abstract shall be posted in plain view in a	558
conspicuous place which is frequented by the largest number of	559
minor employees, and to which all minor employees have access.	560

(B) An enforcement official may require any employer, in or	561
about whose establishment an employee apparently under eighteen	562
years of age is employed and whose age and schooling certificate	563
is not filedon file with the director of commerce as required by	564
section 4109.023331.01 of the Revised Code, to furnish the	565
enforcement official satisfactory evidence that the employee is in	566
fact eighteen years of age or older. The enforcement official	567
shall require from the employer, unless an over-age certificate	568
issued in accordance with section 3331.15 of the Revised Code is	569
held by the employee, the same evidence of age of the employee as	570
is required by section 3331.02 of the Revised Code upon the	571
issuance of an age and schooling certificate. No employer shall	572
fail to produce the evidence.	573

(C) Any employee apparently under eighteen years of age,	574
working in any occupation or establishment with respect to which	575
there are restrictions by rule or law governing the employment of	576
minors, with respect to whom the employer has not furnished	577
satisfactory evidence that the person is at or above the age	578
required for performance of employment with the employer after	579
being requested to do so, and who refuses to give to an	580
enforcement official the employee's name, age, and place of	581
residence may be taken into custody and charged with being an	582
unruly child or other appropriate charge under Chapter 2151. or	583
2152. of the Revised Code.	584

(D) No person shall, with the intent to assist a minor to	585
procure employment, make a false statement by any means, including	586
by submitting falsified forms electronically, to any employer or	587
to any person authorized to issue an age and schooling	588
certificate.	589

Section 5. That the existing version of section 4109.08 of	590
the Revised Code that is scheduled to take effect January 1, 2002,	591
is hereby repealed.	592

Section 6. Sections 4 and 5 of this act shall take effect	593
January 1, 2002.	594