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

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 3331.15

4

of the Revised Code, to require the electronic

5

filing of age and schooling certificates and, for

6

nonpublic schools, require the chief administrative

7

officer of a nonpublic school to issue age and

8

schooling certificates instead of the

9

superintendent of the school district, and to make

10

other changes relative to age and schooling

11

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 numbre	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) The(2) The child's school record or annual academic	109
assessment report that reflects the most recently completed	110
academic year. As used in this division, a "school record of the	111
child," means documents properly filled out and signed by the	112
person in charge of the school which the child last attended;,	113
giving the recorded age of the child, histhe child's address,	114
standing in studies, rating in conduct, and attendance in days	115
during the school year of histhe child's last attendance, and if	116
that was not a full year, during the preceding school year;	117
"annual academic assessment report" means the report submitted to	118
the superintendent by the parent of a child excused from	119
attendance at school pursuant to division (A)(2) of section	120
3321.04 of the Revised Code, as the report is required by rules	121
adopted by the Department of Education.	122

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

123

(1)(a) A certified copy of an original birth record or a	124
certification of birth, issued in accordance with Chapter 3705. of	125
the Revised Code, or by an officer charged with the duty of	126
recording births in another state or country, shall be conclusive	127
evidence of the age of the child;	128

(2)(b) In the absence of such birth record or certification	129
of birth, a passport, or duly attested transcript thereof, showing	130
the date and place of birth of the child, filed with a register of	131
passports at a port of entry of the United States; or an attested	132
transcript of the certificate of birth or baptism or other	133
religious record, showing the date and place of birth of the	134
child, shall be conclusive evidence of the age of the child;	135

(3)(c) In case none of the above proofs of age can be	136
produced, other documentary evidence, except the affidavit of the	137
parent, guardian, or custodian, satisfactory to the superintendent	138
or chief administrative officer may be accepted in lieu thereof;	139

(4)(d) In case no documentary proof of age can be procured,	140
the superintendent or chief administrative officer may receive and	141
file an application signed by the parent, guardian, or custodian	142
of the child that a physician's certificate be secured to	143
establish the sufficiency of the age of the child, which	144
application shall state the alleged age of the child, the place	145
and date of birth, histhe child's present residence, and such	146
further facts as may be of assistance in determining the age of	147
the child, and shall certify that the person signing the	148
application is unable to obtain any of the documentary proofs	149
specified in divisions (C) (1)(A)(3)(a), (2)(b), and (3)(c) of	150
this section; and if the superintendent or chief administrative	151
officer is satisfied that a reasonable effort to procure such	152
documentary proof has been without success such application shall	153
be granted and the certificate of the school physician or if there	154
be none, of a physician employed by the board of education, that	155
said physician is satisfied that the child is above the age	156
required for an age and schooling certificate as stated in section	157
3331.01 of the Revised Code, shall be accepted as sufficient	158
evidence of age;	159

(D)(4) A certificate, including an athletic certificate of	160
examination, from the schoola physician licensed pursuant to	161
Chapter 4731. of the Revised Code or physician designated by him	162
assistant licensed pursuant to Chapter 4730. of the Revised Code,	163
or if there is no school physician from the district health	164
commission, or physician designated by himcommissioner, showing	165
after a thorough examination that the child is physically fit to	166
be employed in such occupations as are not prohibited by law for a	167
boy or girl, as the case may be, under eighteen years of age; but	168
a certificate with "limited" written, printed, marked, or stamped	169
diagonally across its facethereon may be furnished by such	170
physician or physician assistant and accepted by the	171
superintendent or chief administrative officer in issuing a	172
"limited" age and schooling certificate provided in section	173
3331.06 of the Revised Code, showing that the child is physically	174
fit to be employed in some particular occupation not prohibited by	175
law for a boy or girl of such child's age, as the case may be,	176
even if the child's complete physical ability to engage in such	177
occupation cannot be vouched for.	178

(B)(1) Except as provided in division (B)(2) of this	179
section, a physical fitness certificate described in division	180
(A)(4) of this section is valid for purposes of that division	181
while the child remains employed in job duties of a similar nature	182
as the job duties for which the child last was issued an age and	183
schooling certificate. The superintendent or chief administrative	184
officer who issues an age and schooling certificate shall	185
determine whether job duties are similar for purposes of this	186
division.	187

(2) A "limited" physical fitness certificate described in	188
division (A)(4) of this section is valid for one year.	189

(C) The superintendent of schools or the chief	190
administrative officer shall require a child who resides out of	191
this state to file all the information required under division (A)	192
of this section. The superintendent of schools or the chief	193
administrative officer shall evaluate the information filed and	194
determine whether to issue the age and schooling certificate using	195
the same standards as those the superintendent or officer uses for	196
in-state children.	197

Sec. 3331.06.  The age and schooling certificate provided in	198
sections 3331.01 to 3331.05, inclusive,3331.04 of the Revised	199
Code, shall be issued only with the word "limited" printed,	200
marked, or stamped diagonally across its facethereon if the	201
certificate of the physician provided in section 3331.02 or	202
3331.07 of the Revised Code, is a limited certificate, and in that	203
case the particular employment to which it is limited shall be	204
stated in the certificate, and the certificate cannot serve as the	205
legal age and schooling certificate for employment in another	206
occupation.	207

Sec. 3331.07.  When an age and schooling certificate,	208
returned according to section 3331.02 of the Revised Code, is	209
reissued, the pledge of the new employer andshall be secured and	210
filed. A physical fitness certificate from the schoola	211
physician or other person in his steadphysician assistant as	212
described in division (A)(4) of section 3331.02 of the Revised	213
Code shall also be secured and filed if the physical fitness	214
certificate used in the issuing of the previously issued age and	215
schooling certificate is no longer valid, as determined pursuant	216
to division (B) of section 3331.02 of the Revised Code.	217

Sec. 3331.08.  In case a superintendent of schools refuses to	218
excuse a child from attendance at school for one of the reasons	219
stated in section 3321.04 of the Revised Code, or a superintendent	220
or a chief administrative officer refuses upon request to grant an	221
age and schooling certificate as provided in section 3331.01 of	222
the Revised Code, an appeal may be taken from such decision to the	223
juvenile judge of the county, upon the giving of bond, within ten	224
days thereafter, to the approval of such judge, to pay the costs	225
of appeal. HisThe juvenile judge's decision in the matter shall	226
be final.	227

Sec. 3331.09.  The superintendent of schools or chief	228
administrative officer issuing an age and schooling certificate	229
may revoke such certificate on account of noncompliance with	230
stipulations, physical condition of the child, or other sufficient	231
cause. The superintendent, or other issuing authority of the	232
district in which the child is employed may revoke the age and	233
schooling certificate of such child for failure to attend	234
part-time schools or classes as required by sections 3321.08 and	235
3321.10 of the Revised Code.	236

Sec. 3331.11.  Records shall be kept on file inavailable	237
from the office issuing the age and schooling certificate:	238

(A) Giving all the facts contained in every age and school	239
certificate issued;	240

(B) The names and addresses of the children to whom	241
certificates have been refused, together with the names of the	242
schools and grades which such children should attend and the	243
reasons for the refusal;	244

(C) All certificates returned or no longer used, as provided	245
in sectionssection 3331.02 and 3331.05 of the Revised Code, with	246
the reasons therefor, and the subsequent assignment of the child	247
to a school;	248

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

249

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

250

(F) The special facts connected with the issuing of	251
nonstandard or limited certificates. The superintendent of public	252
instruction may prescribe methods for the filing, including	253
electronic filing, of all such facts, records, and papers, for the	254
purpose of effective reference. These records are not required in	255
cases of certificates denied to those determined immediately at	256
the time of inquiry to be of insufficient age.	257

No age and schooling certificate shall be valid for	258
employment in any other school district than that in which it is	259
issued, unless it is countersigned by the certificate-issuing	260
authority of the district in which the child is employed, which	261
issuing authority shall give its countersignature upon	262
presentation of such certificate.	263

Sec. 3331.12.  When any officer charged with the enforcement	264
of child labor laws discovers any child who in histhe officer's	265
judgment is under fourteen years of age employed by a person who	266
is not the parent or guardian of such child, the officer may cause	267
such child to discontinue employment until satisfactory proof of	268
lawful age is furnished. Any child over fourteen years of age	269
employed during hours when the public school to which he is	270
assigned is not in session in occupations not prohibited to him by	271
Chapter 4109. of the Revised Code, may upon application receive	272
from the certificate-issuing authority of the school district in	273
which he lives a part-time and vacation certificate under the	274
conditions provided for such certificates.	275

Sec. 3331.13.  Whenever the school record or annual academic	276
assessment report of a child as specified in section 3331.02 of	277
the Revised Code, is required for the purpose of determining his	278
the child's eligibility to an age and schooling certificate, such	279
record shall be furnished by the superintendent, principal,	280
teacher, or other official in charge of the public, private, or	281
parochial school attended by the child within two days after a	282
request for the same is made by the parent, guardian, or custodian	283
of the child.	284

Sec. 3331.14.  The parent or guardian of a child of	285
compulsory school age shall secure and keep on file the proper age	286
and schooling certificate of histhe parent's or guardian's child	287
or ward if such child or ward is employed by him and shall return	288
such certificate as provided in section 3331.02 of the Revised	289
Code, but athe parent or guardian need not secure and keep on	290
file a special or vacation certificate of his child or ward if	291
such child or ward is to be employed by him personally when school	292
is not in session.	293

Sec. 4109.02.  (A) Except as provided in division (B) of	294
this section or in section 4109.06 of the Revised Code, no minor	295
of compulsory school age shall be employed by any employer unless	296
the minor presents to the employer a proper age and schooling	297
certificate as a condition of employment. The employer shall keep	298
the certificate on file in the establishment where the minor is	299
employed or in the office of the business or in the residence in	300
or about which the minor is employed for inspection by any	301
enforcement official.	302

A valid certificate constitutes conclusive evidence of the	303
age of the minor and of the employer's right to employ the minor	304
in occupations not denied by law to minors of that age under	305
section 4109.06 of the Revised Code or rules adopted under that	306
section.	307

(B) The following minors aged sixteen or seventeen are not	308
required to provide an age and schooling certificate as a	309
condition of employment:	310

(1) Those who are to be employed during summer vacation	311
months after the last day of the school term in the spring and	312
before the first day of the school term in the fall, in	313
nonagricultural and nonhazardous employment as defined by the	314
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.	315
201, and similar state statutes, or in other employment not	316
prohibited to minors age sixteen or seventeen by law;	317

(2) Unless required by the superintendent of schools of the	318
school district where the minor resides or by the chief	319
administrative officer of the nonpublic or community school the	320
child attends, those who are to be employed not more than two	321
months before the last day of the school term in the spring and	322
not more than two months after the first day of the school term in	323
the fall by a seasonal amusement or recreational establishment, on	324
the condition that the following are satisfied:	325

(a) For the period prior to Memorial day and after Labor day	326
while school is in session, they are to be employed only for hours	327
that occur between the end of the school day on Friday and eleven	328
p.m. on Sunday.	329

(b) For the period from Memorial day until the last day of	330
the school term in the spring and from the first day of the school	331
term in the fall until Labor day, they are to be employed only for	332
hours that occur between the end of the school day and nine p.m.	333
on Monday through Thursday and only for hours that occur between	334
the end of the school day on Friday and eleven p.m. on Sunday.	335

(C) To be hired for the type of employment described in	336
division (B) of this section, minors shall provide the employer	337
with the following:	338

(1) Evidence of proof of age in the same manner as proof of	339
age is provided the superintendent of schools or chief	340
administrative officer under division (C)(A)(3) of section 3331.02	341
of the Revised Code;	342

(2) A statement signed by the minor's parent or guardian	343
consenting to the proposed employment. For the purposes of this	344
section, in the absence of a parent or guardian, a person over	345
eighteen years of age with whom the minor resides may sign the	346
statement.	347

(3) An age and schooling certificate if one is required	348
under division (B)(2) of this section by the superintendent of	349
schools of the school district where the minor resides or by the	350
chief administrative officer of the nonpublic or community school	351
the child attends.	352

The employer shall retain a copy of the proof of age and the	353
statement of consent with the employment records of the minor.	354

(D) As used in this section:

355

(1) "Labor day" and "Memorial day" have the same meanings as	356
provided for those days in section 1.14 of the Revised Code.	357

(2) "Seasonal amusement or recreational establishment" means	358
both of the following:	359

(a) An amusement or recreational establishment that does not	360
operate for more than seven months in any calendar year;	361

(b) An amusement or recreational establishment whose average	362
receipts for any six months during the preceding calendar year	363
were not more than thirty-three and one-third per cent of its	364
average receipts for the other six months of that calendar year.	365

Sec. 4109.03.  No employer shall employ a minor before	366
exacting from such minorthoroughly reviewing the minor's age and	367
schooling certificate, required by law, or fail to keep such	368
certificate on file, or fail to returngive notice to the	369
superintendent of schools or his authorized representativechief	370
administrative officer who issued such certificate or give notice	371
of the nonuse thereofof the certificate within five working days	372
from such minor's withdrawal or dismissal from histhe employer's	373
service, or continue to employ a minor after histhe minor's age	374
and schooling certificate is void, or refuse to permit an	375
enforcement official to examine such certificate, to observe the	376
conditions under which minors are employed, or to make reasonable	377
inquiry of minors or persons supposed by such official to be under	378
eighteen in regard to matters pertaining to their age, employment,	379
or schooling.	380

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

381

(1) Minors who are students working on any properly guarded	382
machines in the manual training department of any school when the	383
work is performed under the personal supervision of an instructor;	384

(2) Students participating in a vocational program approved	385
by the Ohio department of education;	386

(3) A minor participating in a play, pageant, or concert	387
produced by an outdoor historical drama corporation, a	388
professional traveling theatrical production, a professional	389
concert tour, or a personal appearance tour as a professional	390
motion picture star, or as an actor or performer in motion	391
pictures or in radio or television productions in accordance with	392
the rules adopted pursuant to division (A) of section 4109.05 of	393
the Revised Code;	394

(4) The participation without remuneration of a minor with	395
the consent of a parent or guardian, in a performance given by a	396
church, school, or academy, or at a concert or entertainment given	397
solely for charitable purposes, or by a charitable or religious	398
institution;	399

(5) To minors who are employed by their parents in	400
occupations other than occupations prohibited by rule adopted	401
under this chapter;	402

(6) Minors engaged in the delivery of newspapers to the	403
consumer;	404

(7) Minors who have received a high school diploma or a	405
certificate of attendance from an accredited secondary school or a	406
certificate of high school equivalence;	407

(8) Minors who are currently heads of households or are	408
parents contributing to the support of their children;	409

(9) Minors engaged in lawn mowing, snow shoveling, and other	410
related employment;	411

(10) Minors employed in agricultural employment in	412
connection with farms operated by their parents, grandparents, or	413
guardians where they are members of the guardians' household.	414
Minors are not exempt from this chapter if they reside in	415
agricultural labor camps as defined in section 3733.41 of the	416
Revised Code.	417

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the	418
Revised Code do not apply to:	419

(1) Minors who work in a sheltered workshop operated by a	420
county board of mental retardation;	421

(2) Minors performing services for a nonprofit organization	422
where the minor receives no compensation, except for any expenses	423
incurred by the minor or except for meals provided to the minor;	424

(3) Minors employed in agricultural employment and who do	425
not reside in agricultural labor camps.	426

(C) Division (D) of section 4109.07 of the Revised Code does	427
not apply to minors who have their employment hours established as	428
follows:	429

(1) A minor adjudicated to be an unruly child or delinquent	430
child who, as a result of the adjudication is placed on probation	431
may either file a petition in the juvenile court in whose	432
jurisdiction the minor resides, or apply to the superintendent of	433
the school districtor to the chief administrative officer who	434
issued the minor's age and schooling certificate pursuant to	435
section 3331.01 of the Revised Code alleging the restrictions on	436
the hours of employment described in division (D) of section	437
4109.07 of the Revised Code will cause a substantial hardship or	438
are not in the minor's best interests. Upon receipt of a petition	439
or application, the court or, the superintendent, or the chief	440
administrative officer, as appropriate, shall consult with the	441
person required to supervise the minor on probation. If after	442
such consultation the court or, the superintendent, or the chief	443
administrative officer finds the minor has failed to show the	444
restrictions will result in a substantial hardship or that the	445
restrictions are not in the minor's best interests, the court or,	446
the superintendent, or the chief administrative officer shall	447
uphold the restrictions. If after such consultation the court or,	448
the superintendent, or the chief administrative officer finds the	449
minor has shown the restricted hours will cause a substantial	450
hardship or are not in the minor's best interests, the court or,	451
the superintendent, or the chief administrative officer shall	452
establish differing hours of employment for the minor and notify	453
the minor and the minor's employer of such hours, which shall be	454
binding in lieu of the restrictions on the hours of employment	455
described in division (D) of section 4109.07 of the Revised Code.	456

(2) Any minor to whom division (C)(1) of this section does	457
not apply may either file a petition in the juvenile court in	458
whose jurisdiction the person resides, or apply to the	459
superintendent of the school districtor to the chief	460
administrative officer who issued the minor's age and schooling	461
certificate pursuant to section 3331.01 of the Revised Code	462
alleging the restrictions on the hours of employment described in	463
division (D) of section 4109.07 of the Revised Code will cause a	464
substantial hardship or are not in the minor's best interests.	465

If, as a result of a petition or application, the court or,	466
the superintendent, or the chief administrative officer, as	467
appropriate, finds the minor has failed to show such restrictions	468
will result in a substantial hardship or that the restrictions are	469
not in the minor's best interests, the court or, the	470
superintendent, or the chief administrative officer shall uphold	471
the restrictions. If the court or, superintendent, or chief	472
administrative officer finds the minor has shown the restricted	473
hours will cause a substantial hardship or are not in the minor's	474
best interests, the court or, superintendent, or chief	475
administrative officer shall establish the hours of employment for	476
the minor and shall notify the minor and the minor's employer of	477
such hours.	478

(D) As used in this section, "certificate of high school	479
equivalence" means a statement issued by the state board of	480
education or an equivalent agency of another state that the holder	481
thereof has achieved the equivalent of a high school education as	482
measured by scores obtained on the tests of general educational	483
development published by the American council on education.	484

Sec. 4109.08.  (A) No minor shall be employed unless the	485
employer keeps on the premises a complete list of all minors	486
employed by the employer at a particular establishment and a	487
printed abstract to be furnished by the director of commerce	488
summarizing the provisions of this chapter.	489

The list and abstract shall be posted in plain view in a	490
conspicuous place which is frequented by the largest number of	491
minor employees, and to which all minor employees have access.	492

(B) An enforcement official may require any employer, in or	493
about whose establishment an employee apparently under eighteen	494
years of age is employed and whose age and schooling certificate	495
is not filedon file with the director of commerce as required by	496
section 4109.023331.01 of the Revised Code, to furnish the	497
enforcement official satisfactory evidence that the employee is in	498
fact eighteen years of age or older. The enforcement official	499
shall require from the employer, unless an over-age certificate	500
issued in accordance with section 3331.15 of the Revised Code is	501
held by the employee, the same evidence of age of the employee as	502
is required by section 3331.02 of the Revised Code upon the	503
issuance of an age and schooling certificate. No employer shall	504
fail to produce the evidence.	505

(C) Any employee apparently under eighteen years of age,	506
working in any occupation or establishment with respect to which	507
there are restrictions by rule or law governing the employment of	508
minors, with respect to whom the employer has not furnished	509
satisfactory evidence that the person is at or above the age	510
required for performance of employment with the employer after	511
being requested to do so, and who refuses to give to an	512
enforcement official the employee's name, age, and place of	513
residence may be taken into custody and charged with being an	514
unruly child or other appropriate charge under Chapter 2151. or	515
2152. of the Revised Code.	516

(D) No person shall, with the intent to assist a minor to	517
procure employment, make a false statement by any means, including	518
by submitting falsified forms electronically, to any employer or	519
to any person authorized to issue an age and schooling	520
certificate.	521

Sec. 4109.09.  (A) After a minor employee has made a	522
written request that an employer return hisgive notice of the	523
nonuse of the minor's age and schooling certificate, should the	524
employer fail to mail the document to the issuing authority within	525
three days of receipt of the request, the minor shall be entitled	526
to recover from the employer an amount equal to the wages which he	527
would have been earned had hethe minor continued in employment	528
for the period between the receipt of the request by the employer	529
and the initiation of the suit or compliance with the request by	530
the employer.	531

(B) If any minor fails to appear for work without	532
explanation for three days, an employer shall consider the	533
employment terminated, and shall returngive notice of the nonuse	534
of the age and schooling certificate to the issuing authority.	535

Section 2. That existing sections 3331.01, 3331.02, 3331.06,	536
3331.07, 3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14,	537
4109.02, 4109.03, 4109.06, 4109.08, and 4109.09 and sections	538
3331.05 and 3331.15 of the Revised Code are hereby repealed.	539

Section 3.  On and before August 31, 2001, an employer who	540
employs minors of compulsory school age shall do all of the	541
following:	542

(A) Before employing a minor, extract from the minor the	543
minor's age and schooling certificate and keep the certificate of	544
each minor the employer employs on file in the establishment where	545
the minor is employed or in the office of the business or in the	546
residence in or about which the minor is employed for inspection	547
by any enforcement official;	548

(B) Return a minor's age and schooling certificate to the	549
superintendent of schools or the superintendent's authorized	550
representative, or give notice of the nonuse of the certificate	551
within five working days after the minor's withdrawal or dismissal	552
from the employer's service;	553

(C) Permit an enforcement official to examine the age and	554
schooling certificate of each minor employed by the employer.	555