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(123rd General Assembly)(Amended Substitute House Bill Number 93)
To amend section 4109.02 of the Revised Code to exempt minors aged sixteen and
seventeen from having to provide an age and schooling certificate to be
employed during a specified seasonal period at a seasonal amusement or
recreational establishment, except when specifically required, and to declare
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 4109.02 of the Revised Code be amended to read as
Sec. 4109.02. (A) Except as provided in division (B) of
this section or in section 4109.06 of the Revised Code, no minor
of compulsory school age shall be employed by any employer unless
the minor presents to the employer a proper age and schooling
certificate, as a condition of employment. The employer shall
keep the certificate on file in the establishment where the minor
is employed or in the office of the business or in the residence
in or about which the minor is employed for inspection by any
A valid certificate constitutes conclusive evidence of the
age of the minor and of the employer's right to employ the minor
in occupations not denied by law to minors of that age under
section 4109.06 of the Revised Code or rules adopted thereunder.
Minors The following minors aged sixteen or seventeen
are not required to provide an age and schooling certificate as a condition
(1) Those who are to be
employed during summer vacation months after the last day of the
school term in the spring and before the first day of the school
term in the fall, in nonagricultural and nonhazardous employment
as defined by the "Fair Labor Standards Act of 1938," 52 Stat.
1060, 29 U.S.C.A. 201, and similar state statutes, or in other
employment not prohibited to minors age sixteen or seventeen by
, shall not be required to provide an age and schooling
certificate as a condition of employment. In order to;
(2) Those who are to be employed not more than two months before
the last day of the school term in the spring and not more than two months
after the first day of the school term in the fall by a seasonal amusement or
recreational establishment, on the condition that, for the period while school
is in session, they are to be employed only for hours that occur between the
end of the school day on Friday and eleven p.m.
unless required by the superintendent of schools of the school
district where the minor resides.
(C) To be hired
for the type of employment
during summer vacation months, such
described in division (B) of this section, minors shall
provide the employer with the following:
(1) Evidence of proof of age in the same manner as proof
of age is provided the superintendent of schools under division
(C) of section 3331.02 of the Revised Code;
(2) A statement signed by the minor's parent or guardian
consenting to the proposed employment
during the summer vacation
months. For the purposes of this section, in the absence of a
parent or guardian, a person over eighteen years of age with whom
the minor resides may sign such statement;
(3) An age and schooling certificate if one is required under division
(B)(2) of this section by the
superintendent of schools of the school district where the minor resides.
The employer shall retain a copy of the proof of age and
the statement of consent with the employment records of the
(D) As used in this section, "seasonal amusement or recreational
establishment" means both of the following:
(1) An amusement or recreational establishment that does not operate for
more than seven months in any calendar year;
(2) An amusement or recreational establishment whose average receipts for
any six months during the preceding calendar year were not more than
thirty-three and one-third per cent of its average receipts for the other six
months of that calendar year.
SECTION 2 . That existing section 4109.02 of the Revised Code is hereby
SECTION 3 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for the necessity is that seasonal amusement industries will shortly
begin hiring workers for the coming 1999 season and need the necessary
authorizations provided by the act prior to the actual start of the season.
Therefore, this act shall go into immediate effect.