SENATORS Nein, Blessing, Harris, Jacobson, Wachtmann, Mumper

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, and to repeal sections 3331.05 and

4

3331.15 of the Revised Code, to require the

5

electronic filing of age and schooling

6

certificates and, for nonpublic schools, require

7

the chief administrative officer of a nonpublic

8

school to issue age and schooling certificates

9

instead of the superintendent of the school

10

district, and to make other changes relative to

11

age and schooling certificates.

12

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

Section 1. That sections 3331.01, 3331.02, 3331.06, 3331.07,	13
3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14, 4109.02,	14
4109.03, 4109.06, 4109.08, and 4109.09 of the Revised Code be	15
amended to read as follows:	16

Sec. 3331.01. (A) As used in this chapter, the	17
"superintendent":	18

(1) "Superintendent" or "superintendent of schools" of a	19
school district or an educational service center means the person	20
employed as the superintendent or that person's designee.	21

(2) "Chief administrative officer" means the chief	22
administrative officer of a nonpublic or community school or that	23
person's designee.	24

An(B)(1) Except as provided in division (B)(2) of this	25
section, an age and schooling certificate may be issued only by	26
the superintendent of the city, local, joint vocational, or	27
exempted village school district or educational service center in	28
which the child in whose name such certificate is issued resides	29
or by the chief administrative officer of the nonpublic or	30
community school the child attends, and only upon satisfactory	31
proof that the child to whom the certificate is issued is at least	32
sixteenfourteen years of age and has satisfactorily completed a	33
vocational education or special education program adequate to	34
prepare students for an occupation.	35

(2) A child who resides in this state shall apply for an age	36
and schooling certificate to the superintendent of the school	37
district in which the child resides, or to the chief	38
administrative officer of the school that the child attends.	39
Residents of other states who work in Ohio must qualify withshall	40
apply to the proper school authority insuperintendent of the	41
school district or educational service center service area in	42
which the establishmentplace of employment is located, as a	43
condition of employment or service.	44

(C) Any such age and schooling certificate may be issued	45
only upon satisfactory proof that the employment contemplated by	46
the child is not prohibited by any law regulating the employment	47
of such children; and the employer of any minor for whom such age	48
and schooling certificate has been issued shall keep such age and	49
schooling certificate on file. Section 4113.08 of the Revised	50
Code does not apply to such employer in respect to such child	51
while engaged in an employment legal for a child of the age stated	52
therein.	53

(D) Age and schooling certificate forms shall be formulated	54
approved by the state board of education, and except in cases	55
otherwise specified by sections 3331.04 and 3331.05 of the Revised	56
Code must be printed on white paper, including forms submitted	57
electronically. Forms shall not display the social security number	58
of the child. Except as otherwise provided in this section, every	59
suchapplication for an age and schooling certificate must be	60
signed in the presence of the officer issuing it by the child in	61
whose name it is issued.	62

(E) A child who resides in a local school district shall	63
apply for an age and schooling certificate with the	64
superintendent of the local school district and shall furnish the	65
superintendent or chief administrative officer all information	66
required by this chapter in support of the issuance of a	67
certificate. The local superintendent shall forward all such	68
information to the educational service center superintendent. If	69
upon receiving, examining, approving, and filing such information	70
the educational service center superintendent issues a	71
certificate, such superintendent shall deliver it to the local	72
superintendent. No certificate issued in this manner shall be	73
valid until signed in the presence of the local superintendent by	74
the child in whose name it is issued. During any time the offices	75
of the local school district close during regular business hours,	76
a child who resides in the local district may apply directly to	77
the educational service center superintendent who may issue an age	78
and schooling certificate directly to the child. The educational	79
service center superintendent shall inform the local	80
superintendent of each certificate issued in this manner.	81

(F) On and after September 1, 2002, each superintendent and	82
chief administrative officer who issues an age and schooling	83
certificate shall file electronically the certificate with the	84
director of commerce in accordance with rules adopted by the	85
director of administrative services pursuant to section 1306.21 of	86
the Revised Code. On and after September 1, 2002, only	87
electronically filed certificates are valid to satisfy the	88
requirements of Chapter 4109. of the Revised Code.	89

Sec. 3331.02. (A) The superintendent of schools or the chief	90
administrative officer, as appropriate pursuant to section 3331.01	91
of the Revised Code, shall not issue an age and schooling	92
certificate until hethe superintendent or chief administrative	93
officer has received, examined, approved, and filed the following	94
papers duly executed:	95

(A)(1) The written pledge or promise of the person,	96
partnership, or corporation to legally employ the child, and for	97
this purpose work performed by a minor, directly and exclusively	98
for the benefit of such minor's parent, in the farm home or on the	99
farm of such parent is legal employment, irrespective of any	100
contract of employment, or the absence thereof, to permit himthe	101
child to attend school as provided in section 3321.08 of the	102
Revised Code, and to return to the superintendent the age and	103
schooling certificate of the child or give notice of the nonuse	104
thereofof an age and schooling certificate within twofive days	105
from the date of the child's withdrawal or dismissal from the	106
service of that person, partnership, or corporation, giving the	107
reasons for such withdrawal or dismissal;	108

(B)(2) The child's school record or notification. As used	109
in this division, a "school record of the child," means documents	110
properly filled out and signed by the person in charge of the	111
school which the child last attended;, giving the recorded age of	112
the child, histhe child's address, standing in studies, rating in	113
conduct, and attendance in days during the school year of histhe	114
child's last attendance, and if that was not a full year, during	115
the preceding school year; "notification" means the information	116
submitted to the superintendent by the parent of a child excused	117
from attendance at school pursuant to division (A)(2) of section	118
3321.04 of the Revised Code, as the notification is required by	119
rules adopted by the department of education.	120

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

121

(1)(a) A certified copy of an original birth record or a	122
certification of birth, issued in accordance with Chapter 3705. of	123
the Revised Code, or by an officer charged with the duty of	124
recording births in another state or country, shall be conclusive	125
evidence of the age of the child;	126

(2)(b) In the absence of such birth record or certification	127
of birth, a passport, or duly attested transcript thereof, showing	128
the date and place of birth of the child, filed with a register of	129
passports at a port of entry of the United States; or an attested	130
transcript of the certificate of birth or baptism or other	131
religious record, showing the date and place of birth of the	132
child, shall be conclusive evidence of the age of the child;	133

(3)(c) In case none of the above proofs of age can be	134
produced, other documentary evidence, except the affidavit of the	135
parent, guardian, or custodian, satisfactory to the superintendent	136
or chief administrative officer may be accepted in lieu thereof;	137

(4)(d) In case no documentary proof of age can be procured,	138
the superintendent or chief administrative officer may receive and	139
file an application signed by the parent, guardian, or custodian	140
of the child that a physician's certificate be secured to	141
establish the sufficiency of the age of the child, which	142
application shall state the alleged age of the child, the place	143
and date of birth, histhe child's present residence, and such	144
further facts as may be of assistance in determining the age of	145
the child, and shall certify that the person signing the	146
application is unable to obtain any of the documentary proofs	147
specified in divisions (C) (1)(A)(3)(a), (2)(b), and (3)(c) of	148
this section; and if the superintendent or chief administrative	149
officer is satisfied that a reasonable effort to procure such	150
documentary proof has been without success such application shall	151
be granted and the certificate of the school physician or if there	152
be none, of a physician employed by the board of education, that	153
said physician is satisfied that the child is above the age	154
required for an age and schooling certificate as stated in section	155
3331.01 of the Revised Code, shall be accepted as sufficient	156
evidence of age;	157

(D)(4) A certificate, including an athletic certificate of	158
examination, from the schoola physician licensed pursuant to	159
Chapter 4731. of the Revised Code or physician designated by him	160
assistant licensed pursuant to Chapter 4730. of the Revised Code,	161
or if there is no school physician from the district health	162
commission, or physician designated by himcommissioner, showing	163
after a thorough examination that the child is physically fit to	164
be employed in such occupations as are not prohibited by law for a	165
boy or girl, as the case may be, under eighteen years of age; but	166
a certificate with "limited" written, printed, marked, or stamped	167
diagonally across its facethereon may be furnished by such	168
physician or physician assistant and accepted by the	169
superintendent or chief administrative officer in issuing a	170
"limited" age and schooling certificate provided in section	171
3331.06 of the Revised Code, showing that the child is physically	172
fit to be employed in some particular occupation not prohibited by	173
law for a boy or girl of such child's age, as the case may be,	174
even if the child's complete physical ability to engage in such	175
occupation cannot be vouched for.	176

(B)(1) Except as provided in division (B)(2) of this	177
section, a physical fitness certificate described in division	178
(A)(4) of this section is valid for purposes of that division	179
while the child remains employed in job duties of a similar nature	180
as the job duties for which the child last was issued an age and	181
schooling certificate. The superintendent or chief administrative	182
officer who issues an age and schooling certificate shall	183
determine whether job duties are similar for purposes of this	184
division.	185

(2) A "limited" physical fitness certificate described in	186
division (A)(4) of this section is valid for one year.	187

(C) The superintendent of schools or the chief	188
administrative officer shall require a child who resides out of	189
this state to file all the information required under division (A)	190
of this section. The superintendent of schools or the chief	191
administrative officer shall evaluate the information filed and	192
determine whether to issue the age and schooling certificate using	193
the same standards as those the superintendent or officer uses for	194
in-state children.	195

Sec. 3331.06.  The age and schooling certificate provided in	196
sections 3331.01 to 3331.05, inclusive,3331.04 of the Revised	197
Code, shall be issued only with the word "limited" printed,	198
marked, or stamped diagonally across its facethereon if the	199
certificate of the physician provided in section 3331.02 or	200
3331.07 of the Revised Code, is a limited certificate, and in that	201
case the particular employment to which it is limited shall be	202
stated in the certificate, and the certificate cannot serve as the	203
legal age and schooling certificate for employment in another	204
occupation.	205

Sec. 3331.07.  When an age and schooling certificate,	206
returned according to section 3331.02 of the Revised Code, is	207
reissued, the pledge of the new employer andshall be secured and	208
filed. A physical fitness certificate from the schoola	209
physician or other person in his steadphysician assistant as	210
described in division (A)(4) of section 3331.02 of the Revised	211
Code shall also be secured and filed if the physical fitness	212
certificate used in the issuing of the previously issued age and	213
schooling certificate is no longer valid, as determined pursuant	214
to division (B) of section 3331.02 of the Revised Code.	215

Sec. 3331.08.  In case a superintendent of schools refuses to	216
excuse a child from attendance at school for one of the reasons	217
stated in section 3321.04 of the Revised Code, or a superintendent	218
or a chief administrative officer refuses upon request to grant an	219
age and schooling certificate as provided in section 3331.01 of	220
the Revised Code, an appeal may be taken from such decision to the	221
juvenile judge of the county, upon the giving of bond, within ten	222
days thereafter, to the approval of such judge, to pay the costs	223
of appeal. HisThe juvenile judge's decision in the matter shall	224
be final.	225

Sec. 3331.09.  The superintendent of schools or chief	226
administrative officer issuing an age and schooling certificate	227
may revoke such certificate on account of noncompliance with	228
stipulations, physical condition of the child, or other sufficient	229
cause. The superintendent, or other issuing authority of the	230
district in which the child is employed may revoke the age and	231
schooling certificate of such child for failure to attend	232
part-time schools or classes as required by sections 3321.08 and	233
3321.10 of the Revised Code.	234

Sec. 3331.11.  Records shall be kept on file inavailable	235
from the office issuing the age and schooling certificate:	236

(A) Giving all the facts contained in every age and school	237
certificate issued;	238

(B) The names and addresses of the children to whom	239
certificates have been refused, together with the names of the	240
schools and grades which such children should attend and the	241
reasons for the refusal;	242

(C) All certificates returned or no longer used, as provided	243
in sectionssection 3331.02 and 3331.05 of the Revised Code, with	244
the reasons therefor, and the subsequent assignment of the child	245
to a school;	246

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

247

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

248

(F) The special facts connected with the issuing of	249
nonstandard or limited certificates. The superintendent of public	250
instruction may prescribe methods for the filing, including	251
electronic filing, of all such facts, records, and papers, for the	252
purpose of effective reference. These records are not required in	253
cases of certificates denied to those determined immediately at	254
the time of inquiry to be of insufficient age.	255

No age and schooling certificate shall be valid for	256
employment in any other school district than that in which it is	257
issued, unless it is countersigned by the certificate-issuing	258
authority of the district in which the child is employed, which	259
issuing authority shall give its countersignature upon	260
presentation of such certificate.	261

Sec. 3331.12.  When any officer charged with the enforcement	262
of child labor laws discovers any child who in histhe officer's	263
judgment is under fourteen years of age employed by a person who	264
is not the parent or guardian of such child, the officer may cause	265
such child to discontinue employment until satisfactory proof of	266
lawful age is furnished. Any child over fourteen years of age	267
employed during hours when the public school to which he is	268
assigned is not in session in occupations not prohibited to him by	269
Chapter 4109. of the Revised Code, may upon application receive	270
from the certificate-issuing authority of the school district in	271
which he lives a part-time and vacation certificate under the	272
conditions provided for such certificates.	273

Sec. 3331.13.  Whenever the school record of a child or	274
notification regarding a child, as specified in section 3331.02 of	275
the Revised Code, is required for the purpose of determining his	276
the child's eligibility to an age and schooling certificate, such	277
record shall be furnished by the superintendent, principal,	278
teacher, or other official in charge of the public, private, or	279
parochial school attended by the child within two days after a	280
request for the same is made by the parent, guardian, or custodian	281
of the child.	282

Sec. 3331.14.  The parent or guardian of a child of	283
compulsory school age shall secure and keep on file the proper age	284
and schooling certificate of histhe parent's or guardian's child	285
or ward if such child or ward is employed by him and shall return	286
such certificate as provided in section 3331.02 of the Revised	287
Code, but athe parent or guardian need not secure and keep on	288
file a special or vacation certificate of his child or ward if	289
such child or ward is to be employed by him personally when school	290
is not in session.	291

Sec. 4109.02.  (A) Except as provided in division (B) of	292
this section or in section 4109.06 of the Revised Code, no minor	293
of compulsory school age shall be employed by any employer unless	294
the minor presents to the employer a proper age and schooling	295
certificate as a condition of employment. The employer shall keep	296
the certificate on file in the establishment where the minor is	297
employed or in the office of the business or in the residence in	298
or about which the minor is employed for inspection by any	299
enforcement official.	300

A valid certificate constitutes conclusive evidence of the	301
age of the minor and of the employer's right to employ the minor	302
in occupations not denied by law to minors of that age under	303
section 4109.06 of the Revised Code or rules adopted under that	304
section.	305

(B) The following minors aged sixteen or seventeen are not	306
required to provide an age and schooling certificate as a	307
condition of employment:	308

(1) Those who are to be employed during summer vacation	309
months after the last day of the school term in the spring and	310
before the first day of the school term in the fall, in	311
nonagricultural and nonhazardous employment as defined by the	312
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.	313
201, and similar state statutes, or in other employment not	314
prohibited to minors age sixteen or seventeen by law;	315

(2) Unless required by the superintendent of schools of the	316
school district where the minor resides or by the chief	317
administrative officer of the nonpublic or community school the	318
child attends, those who are to be employed not more than two	319
months before the last day of the school term in the spring and	320
not more than two months after the first day of the school term in	321
the fall by a seasonal amusement or recreational establishment, on	322
the condition that the following are satisfied:	323

(a) For the period prior to Memorial day and after Labor day	324
while school is in session, they are to be employed only for hours	325
that occur between the end of the school day on Friday and eleven	326
p.m. on Sunday.	327

(b) For the period from Memorial day until the last day of	328
the school term in the spring and from the first day of the school	329
term in the fall until Labor day, they are to be employed only for	330
hours that occur between the end of the school day and nine p.m.	331
on Monday through Thursday and only for hours that occur between	332
the end of the school day on Friday and eleven p.m. on Sunday.	333

(C) To be hired for the type of employment described in	334
division (B) of this section, minors shall provide the employer	335
with the following:	336

(1) Evidence of proof of age in the same manner as proof of	337
age is provided the superintendent of schools or chief	338
administrative officer under division (C)(A)(3) of section 3331.02	339
of the Revised Code;	340

(2) A statement signed by the minor's parent or guardian	341
consenting to the proposed employment. For the purposes of this	342
section, in the absence of a parent or guardian, a person over	343
eighteen years of age with whom the minor resides may sign the	344
statement.	345

(3) An age and schooling certificate if one is required	346
under division (B)(2) of this section by the superintendent of	347
schools of the school district where the minor resides or by the	348
chief administrative officer of the nonpublic or community school	349
the child attends.	350

The employer shall retain a copy of the proof of age and the	351
statement of consent with the employment records of the minor.	352

(D) As used in this section:

353

(1) "Labor day" and "Memorial day" have the same meanings as	354
provided for those days in section 1.14 of the Revised Code.	355

(2) "Seasonal amusement or recreational establishment" means	356
both of the following:	357

(a) An amusement or recreational establishment that does not	358
operate for more than seven months in any calendar year;	359

(b) An amusement or recreational establishment whose average	360
receipts for any six months during the preceding calendar year	361
were not more than thirty-three and one-third per cent of its	362
average receipts for the other six months of that calendar year.	363

Sec. 4109.03.  No employer shall employ a minor before	364
exacting from such minorthoroughly reviewing the minor's age and	365
schooling certificate, required by law, or fail to keep such	366
certificate on file, or fail to returngive notice to the	367
superintendent of schools or his authorized representativechief	368
administrative officer who issued such certificate or give notice	369
of the nonuse thereofof the certificate within five working days	370
from such minor's withdrawal or dismissal from histhe employer's	371
service, or continue to employ a minor after histhe minor's age	372
and schooling certificate is void, or refuse to permit an	373
enforcement official to examine such certificate, to observe the	374
conditions under which minors are employed, or to make reasonable	375
inquiry of minors or persons supposed by such official to be under	376
eighteen in regard to matters pertaining to their age, employment,	377
or schooling.	378

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

379

(1) Minors who are students working on any properly guarded	380
machines in the manual training department of any school when the	381
work is performed under the personal supervision of an instructor;	382

(2) Students participating in a vocational program approved	383
by the Ohio department of education;	384

(3) A minor participating in a play, pageant, or concert	385
produced by an outdoor historical drama corporation, a	386
professional traveling theatrical production, a professional	387
concert tour, or a personal appearance tour as a professional	388
motion picture star, or as an actor or performer in motion	389
pictures or in radio or television productions in accordance with	390
the rules adopted pursuant to division (A) of section 4109.05 of	391
the Revised Code;	392

(4) The participation without remuneration of a minor with	393
the consent of a parent or guardian, in a performance given by a	394
church, school, or academy, or at a concert or entertainment given	395
solely for charitable purposes, or by a charitable or religious	396
institution;	397

(5) To minors who are employed by their parents in	398
occupations other than occupations prohibited by rule adopted	399
under this chapter;	400

(6) Minors engaged in the delivery of newspapers to the	401
consumer;	402

(7) Minors who have received a high school diploma or a	403
certificate of attendance from an accredited secondary school or a	404
certificate of high school equivalence;	405

(8) Minors who are currently heads of households or are	406
parents contributing to the support of their children;	407

(9) Minors engaged in lawn mowing, snow shoveling, and other	408
related employment;	409

(10) Minors employed in agricultural employment in	410
connection with farms operated by their parents, grandparents, or	411
guardians where they are members of the guardians' household.	412
Minors are not exempt from this chapter if they reside in	413
agricultural labor camps as defined in section 3733.41 of the	414
Revised Code.	415

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the	416
Revised Code do not apply to:	417

(1) Minors who work in a sheltered workshop operated by a	418
county board of mental retardation;	419

(2) Minors performing services for a nonprofit organization	420
where the minor receives no compensation, except for any expenses	421
incurred by the minor or except for meals provided to the minor;	422

(3) Minors employed in agricultural employment and who do	423
not reside in agricultural labor camps.	424

(C) Division (D) of section 4109.07 of the Revised Code does	425
not apply to minors who have their employment hours established as	426
follows:	427

(1) A minor adjudicated to be an unruly child or delinquent	428
child who, as a result of the adjudication is placed on probation	429
may either file a petition in the juvenile court in whose	430
jurisdiction the minor resides, or apply to the superintendent of	431
the school districtor to the chief administrative officer who	432
issued the minor's age and schooling certificate pursuant to	433
section 3331.01 of the Revised Code alleging the restrictions on	434
the hours of employment described in division (D) of section	435
4109.07 of the Revised Code will cause a substantial hardship or	436
are not in the minor's best interests. Upon receipt of a petition	437
or application, the court or, the superintendent, or the chief	438
administrative officer, as appropriate, shall consult with the	439
person required to supervise the minor on probation. If after	440
such consultation the court or, the superintendent, or the chief	441
administrative officer finds the minor has failed to show the	442
restrictions will result in a substantial hardship or that the	443
restrictions are not in the minor's best interests, the court or,	444
the superintendent, or the chief administrative officer shall	445
uphold the restrictions. If after such consultation the court or,	446
the superintendent, or the chief administrative officer finds the	447
minor has shown the restricted hours will cause a substantial	448
hardship or are not in the minor's best interests, the court or,	449
the superintendent, or the chief administrative officer shall	450
establish differing hours of employment for the minor and notify	451
the minor and the minor's employer of such hours, which shall be	452
binding in lieu of the restrictions on the hours of employment	453
described in division (D) of section 4109.07 of the Revised Code.	454

(2) Any minor to whom division (C)(1) of this section does	455
not apply may either file a petition in the juvenile court in	456
whose jurisdiction the person resides, or apply to the	457
superintendent of the school districtor to the chief	458
administrative officer who issued the minor's age and schooling	459
certificate pursuant to section 3331.01 of the Revised Code	460
alleging the restrictions on the hours of employment described in	461
division (D) of section 4109.07 of the Revised Code will cause a	462
substantial hardship or are not in the minor's best interests.	463

If, as a result of a petition or application, the court or,	464
the superintendent, or the chief administrative officer, as	465
appropriate, finds the minor has failed to show such restrictions	466
will result in a substantial hardship or that the restrictions are	467
not in the minor's best interests, the court or, the	468
superintendent, or the chief administrative officer shall uphold	469
the restrictions. If the court or, superintendent, or chief	470
administrative officer finds the minor has shown the restricted	471
hours will cause a substantial hardship or are not in the minor's	472
best interests, the court or, superintendent, or chief	473
administrative officer shall establish the hours of employment for	474
the minor and shall notify the minor and the minor's employer of	475
such hours.	476

(D) As used in this section, "certificate of high school	477
equivalence" means a statement issued by the state board of	478
education or an equivalent agency of another state that the holder	479
thereof has achieved the equivalent of a high school education as	480
measured by scores obtained on the tests of general educational	481
development published by the American council on education.	482

Sec. 4109.08.  (A) No minor shall be employed unless the	483
employer keeps on the premises a complete list of all minors	484
employed by the employer at a particular establishment and a	485
printed abstract to be furnished by the director of commerce	486
summarizing the provisions of this chapter.	487

The list and abstract shall be posted in plain view in a	488
conspicuous place which is frequented by the largest number of	489
minor employees, and to which all minor employees have access.	490

(B) An enforcement official may require any employer, in or	491
about whose establishment an employee apparently under eighteen	492
years of age is employed and whose age and schooling certificate	493
is not filedon file with the director of commerce as required by	494
section 4109.023331.01 of the Revised Code, to furnish the	495
enforcement official satisfactory evidence that the employee is in	496
fact eighteen years of age or older. The enforcement official	497
shall require from the employer, unless an over-age certificate	498
issued in accordance with section 3331.15 of the Revised Code is	499
held by the employee, the same evidence of age of the employee as	500
is required by section 3331.02 of the Revised Code upon the	501
issuance of an age and schooling certificate. No employer shall	502
fail to produce the evidence.	503

(C) Any employee apparently under eighteen years of age,	504
working in any occupation or establishment with respect to which	505
there are restrictions by rule or law governing the employment of	506
minors, with respect to whom the employer has not furnished	507
satisfactory evidence that the person is at or above the age	508
required for performance of employment with the employer after	509
being requested to do so, and who refuses to give to an	510
enforcement official the employee's name, age, and place of	511
residence may be taken into custody and charged with being an	512
unruly child or other appropriate charge under Chapter 2151. or	513
2152. of the Revised Code.	514

(D) No person shall, with the intent to assist a minor to	515
procure employment, make a false statement by any means, including	516
by submitting falsified forms electronically, to any employer or	517
to any person authorized to issue an age and schooling	518
certificate.	519

Sec. 4109.09.  (A) After a minor employee has made a	520
written request that an employer return hisgive notice of the	521
nonuse of the minor's age and schooling certificate, should the	522
employer fail to mail the document to the issuing authority within	523
three days of receipt of the request, the minor shall be entitled	524
to recover from the employer an amount equal to the wages which he	525
would have been earned had hethe minor continued in employment	526
for the period between the receipt of the request by the employer	527
and the initiation of the suit or compliance with the request by	528
the employer.	529

(B) If any minor fails to appear for work without	530
explanation for three days, an employer shall consider the	531
employment terminated, and shall returngive notice of the nonuse	532
of the age and schooling certificate to the issuing authority.	533

Section 2. That existing sections 3331.01, 3331.02, 3331.06,	534
3331.07, 3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14,	535
4109.02, 4109.03, 4109.06, 4109.08, and 4109.09 and sections	536
3331.05 and 3331.15 of the Revised Code are hereby repealed.	537

Section 3.  On and before August 31, 2002, an employer who	538
employs minors of compulsory school age shall do all of the	539
following:	540

(A) Before employing a minor, extract from the minor the	541
minor's age and schooling certificate and keep the certificate of	542
each minor the employer employs on file in the establishment where	543
the minor is employed or in the office of the business or in the	544
residence in or about which the minor is employed for inspection	545
by any enforcement official;	546

(B) Return a minor's age and schooling certificate to the	547
superintendent of schools or the superintendent's authorized	548
representative, or give notice of the nonuse of the certificate	549
within five working days after the minor's withdrawal or dismissal	550
from the employer's service;	551

(C) Permit an enforcement official to examine the age and	552
schooling certificate of each minor employed by the employer.	553