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Sub. H. B. No. 402As Reported by the House Commerce and Labor CommitteeAs Reported by the House Commerce and Labor Committee
124th General Assembly | Regular Session | 2001-2002 |
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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
A BILL
To amend sections 3331.01, 3331.02, 3331.06, 3331.07,
3331.08, 3331.09, 3331.11, 3331.12, 3331.13,
3331.14, 4109.02, 4109.03, 4109.06, 4109.08, and
4109.09, and to repeal sections 3331.05 and 3331.15
of
the Revised Code, to require the electronic
filing of age and schooling certificates and, for
nonpublic schools, require the chief
administrative
officer of a nonpublic school to
issue age and
schooling certificates instead of
the
superintendent of the school district, and to
make
other changes relative to age and schooling
certificates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3331.01, 3331.02, 3331.06, 3331.07,
3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14, 4109.02,
4109.03, 4109.06, 4109.08, and 4109.09 of the Revised Code be
amended to read as follows:
Sec. 3331.01. (A) As used in this chapter, the
"superintendent": (1) "Superintendent" or
"superintendent of schools" of a
school district
or an educational service
center means the person
employed as
the superintendent or that person's designee. (2) "Chief administrative officer" means the chief
administrative officer of a nonpublic or community school or that
person's designee. An
(B)(1) Except as provided in division (B)(2) of this
section, an age and schooling certificate may be issued only by
the superintendent of
the city, local, joint vocational, or
exempted village school district
or educational service center in
which
the child in whose name
such certificate is issued resides
or by the chief administrative officer of the nonpublic or
community school the child attends, and only upon satisfactory
proof that the child to whom the certificate is issued is at
least
sixteen
fourteen years of age
and has satisfactorily completed a
vocational
education or special education program adequate to
prepare
students for an occupation.
(2) A child who resides in this state shall apply for an age
and schooling certificate to the superintendent of the school
district in which the child resides, or to the chief
administrative officer of the school that the child attends.
Residents of other states
who work
in Ohio
must qualify with
shall
apply to the
proper school
authority in
superintendent of the
school district
or educational
service center service area in
which
the
establishment
place of
employment is located, as a
condition of employment or service. (C) Any such age and schooling certificate may be issued
only
upon satisfactory proof that the employment contemplated by
the
child is not prohibited by any law regulating the employment
of
such children; and the employer of any minor for whom such age
and schooling certificate has been issued shall keep such age and
schooling certificate on file. Section 4113.08 of the Revised
Code does not apply to such employer in respect to such child
while engaged in an employment legal for a child of the age stated
therein. (D) Age and schooling certificate forms shall be
formulated
approved by
the state board of education, and except in cases
otherwise
specified by sections 3331.04 and 3331.05 of the Revised
Code
must be printed on white paper, including forms submitted
electronically.
Forms shall not display the social security numbre
of the child. Except as otherwise provided in
this section,
every
such
application for an age and schooling certificate must
be
signed in the
presence of the officer issuing it by the child
in
whose name it
is issued. (E) A child
who resides in a local school district shall
apply
for an age and schooling certificate with the
superintendent
of
the local school district
and shall furnish the
superintendent
or
chief administrative officer all information
required by this
chapter in support of the
issuance of a
certificate.
The local
superintendent shall
forward all such
information to the
educational service
center superintendent. If
upon receiving,
examining, approving, and filing such information
the
educational
service center superintendent issues a
certificate, such
superintendent shall deliver it to the
local
superintendent. No
certificate issued in this
manner shall be
valid until signed in
the presence of the local
superintendent by
the child in whose
name it is issued. During
any time the offices
of the local
school district close during
regular business hours,
a child who
resides in the local district
may apply directly to
the
educational service center
superintendent who may issue an
age
and
schooling certificate directly to the child. The
educational
service center superintendent shall inform the local
superintendent of each
certificate issued in this manner.
(F) On and after September 1, 2002, each superintendent and
chief administrative officer who
issues an age and schooling
certificate shall file electronically
the certificate with the
director of commerce in accordance with
rules adopted by the
director of administrative services pursuant
to section 1306.21 of
the Revised Code. On and after September 1,
2002, only
electronically filed certificates are valid to satisfy
the
requirements of Chapter 4109. of the Revised Code.
Sec. 3331.02. (A) The superintendent of schools
or the chief
administrative officer, as appropriate pursuant to section 3331.01
of the Revised Code, shall not
issue an age and schooling
certificate until
he
the
superintendent or chief administrative
officer has received, examined, approved, and filed the following
papers duly executed: (A)(1) The written pledge or promise of the person,
partnership, or corporation to legally employ the child, and for
this purpose work performed by a minor, directly and exclusively
for the benefit of such minor's parent, in the farm home or on
the
farm of such parent is legal employment, irrespective of any
contract of employment, or the absence thereof, to permit
him
the
child to attend school as provided in section 3321.08 of the
Revised Code,
and
to return to the superintendent the age and
schooling
certificate of the child or give notice of the nonuse
thereof
of an age and schooling certificate within
two
five days
from the date of the child's withdrawal or
dismissal from the
service of that person, partnership, or
corporation, giving the
reasons for such withdrawal or dismissal;
(B) The
(2) The child's school record or annual academic
assessment report that reflects the most recently completed
academic year. As used in this division, a "school record
of the
child," means documents properly filled out
and signed by the
person in charge of the school which the child
last attended;,
giving the recorded age of the child,
his
the
child's address,
standing in studies, rating in conduct, and
attendance in
days
during the school year of
his
the child's last
attendance,
and if
that was not a full year, during the preceding
school year;
"annual academic assessment report" means the report submitted to
the superintendent by the parent of a child excused from
attendance at school pursuant to division (A)(2) of section
3321.04 of the Revised Code, as the report is required by rules
adopted by the Department of Education.
(C)(3) Evidence of the age of the child as follows:
(1)(a) A certified copy of an original birth record or a
certification of birth, issued in accordance with Chapter 3705.
of
the Revised Code, or by an officer charged with the duty of
recording births in another state or country, shall be conclusive
evidence of the age of the child;
(2)(b) In the absence of such birth record or certification
of birth, a passport, or duly attested transcript thereof,
showing
the date and place of birth of the child, filed with a
register of
passports at a port of entry of the United States; or
an attested
transcript of the certificate of birth or baptism or
other
religious record, showing the date and place of birth of
the
child, shall be conclusive evidence of the age of the child;
(3)(c) In case none of the above proofs of age can be
produced, other documentary evidence, except the affidavit of the
parent, guardian, or custodian, satisfactory to the
superintendent
or chief administrative officer may be accepted in lieu thereof;
(4)(d) In case no documentary proof of age can be procured,
the superintendent
or chief administrative officer may receive and
file an application signed by
the parent, guardian, or custodian
of the child that a
physician's certificate be secured to
establish the sufficiency
of the age of the child, which
application shall state the
alleged age of the child, the place
and date of birth,
his
the
child's present residence, and such
further facts as may be of assistance
in determining the age of
the child, and shall certify that the
person signing the
application is unable to obtain any of the
documentary proofs
specified in divisions
(C) (1)(A)(3)(a),
(2)(b), and
(3)(c)
of
this section; and if the superintendent
or chief administrative
officer is satisfied that a
reasonable effort to procure such
documentary proof has been
without success such application shall
be granted and the
certificate of the school physician or if there
be none, of a
physician employed by the board of education, that
said physician
is satisfied that the child is above the age
required for an age
and schooling certificate as stated in section
3331.01 of the
Revised Code, shall be accepted as sufficient
evidence of age;
(D)(4) A certificate, including an athletic certificate of
examination, from
the school
a physician
licensed pursuant to
Chapter 4731. of the Revised Code or physician
designated by him
assistant licensed pursuant to Chapter 4730. of the Revised Code,
or
if there is no school
physician from the district health
commission, or
physician designated by him
commissioner,
showing
after a thorough examination that the child is physically
fit to
be employed in such occupations as are not prohibited by
law for a
boy or girl, as the case may be, under eighteen years of age; but
a
certificate with "limited" written, printed,
marked, or stamped
diagonally across its
face
thereon may be furnished by such
physician
or physician assistant and accepted by the
superintendent
or chief administrative officer in issuing a
"limited" age and schooling certificate provided in section
3331.06 of the Revised Code, showing that the child is physically
fit to be employed in some particular occupation not prohibited
by
law for a boy or girl of such child's age, as the case may be,
even if the child's complete physical ability to engage in such
occupation cannot be vouched for.
(B)(1) Except as provided in division (B)(2) of this
section, a physical fitness certificate described in division
(A)(4) of this section is valid for purposes of that division
while the child remains employed in job duties of a similar nature
as the job duties for which the child last was issued an age and
schooling certificate. The superintendent or chief administrative
officer who issues an age and schooling certificate shall
determine whether job duties are similar for purposes of this
division. (2) A "limited" physical fitness certificate described in
division (A)(4) of this section is valid for one year. (C) The superintendent of schools or the chief
administrative officer shall require a child who resides out of
this state to file all the information required under division (A)
of this section. The superintendent of schools or the chief
administrative officer shall evaluate the information filed and
determine whether to issue the age and schooling certificate using
the same standards as those the superintendent or officer uses for
in-state children.
Sec. 3331.06. The age and schooling certificate provided in
sections 3331.01
to
3331.05, inclusive,
3331.04 of the Revised
Code, shall be issued only with the word
"limited" printed,
marked, or stamped
diagonally across its face
thereon if the
certificate of
the physician provided in section 3331.02 or
3331.07 of the Revised Code, is a
limited certificate, and in that
case the particular employment to which it is
limited shall be
stated in the certificate, and the certificate cannot serve
as the
legal age and schooling certificate for employment in another
occupation.
Sec. 3331.07. When an age and schooling certificate,
returned according to
section 3331.02 of the Revised Code, is
reissued, the pledge of the new
employer
and
shall be secured and
filed. A physical fitness certificate from
the school
a
physician or
other person in
his stead
physician assistant as
described in division (A)(4) of section 3331.02 of the Revised
Code shall
also be secured and filed
if the physical fitness
certificate used in the issuing of the previously issued age and
schooling certificate is no longer valid, as determined pursuant
to division (B) of section 3331.02 of the Revised Code.
Sec. 3331.08. In case a superintendent of schools refuses to
excuse a child
from attendance at school for one of the reasons
stated in section 3321.04 of
the Revised Code, or
a superintendent
or a chief administrative officer refuses upon request to grant an
age and schooling
certificate as provided in section 3331.01 of
the Revised Code, an appeal may
be taken from such decision to the
juvenile judge of the county, upon the
giving of bond, within ten
days thereafter, to the approval of such judge, to
pay the costs
of appeal.
His
The juvenile judge's decision in
the matter shall
be final.
Sec. 3331.09. The superintendent of schools
or chief
administrative officer issuing an age and schooling
certificate
may revoke such certificate on account of noncompliance with
stipulations, physical condition of the child, or other sufficient
cause. The
superintendent, or
other issuing authority of the
district in which the child
is employed may revoke the age and
schooling certificate of such child for
failure to attend
part-time schools or classes as required by sections 3321.08
and
3321.10 of the Revised Code.
Sec. 3331.11. Records shall be
kept on file in
available
from the office
issuing the age and schooling certificate: (A) Giving all the facts contained in every age and school
certificate issued; (B) The names and addresses of the children to whom
certificates have been refused, together with the names of the
schools and grades which such children should attend and the
reasons for the refusal; (C) All certificates
returned or no longer used, as
provided
in
sections
section 3331.02
and 3331.05 of the Revised Code,
with
the reasons therefor, and the subsequent assignment of the
child
to a school; (D) The conditions on which any certificates were issued; (E) The pledge given in connection with the certificate; (F) The special facts connected with the issuing of
nonstandard or limited certificates. The superintendent of
public
instruction may prescribe methods for the filing, including
electronic filing, of all
such facts, records, and papers, for the
purpose of effective
reference. These records are not required in
cases of
certificates denied to those determined immediately at
the time
of inquiry to be of insufficient age. No age and schooling certificate shall be valid for
employment in any other school district than that in which it is
issued, unless it is countersigned by the certificate-issuing
authority of the district in which the child is employed, which
issuing authority shall give its countersignature upon
presentation of such certificate.
Sec. 3331.12. When any officer charged with the enforcement
of child labor
laws discovers any child who in
his
the officer's
judgment is
under fourteen years of age
employed by a person who
is not the parent or guardian of such child, the
officer may cause
such child to discontinue employment until satisfactory
proof of
lawful age is furnished.
Any child over fourteen years of age
employed during hours when the public school to which he is
assigned is not in
session in occupations not prohibited to him by
Chapter 4109. of the Revised
Code, may upon application receive
from the certificate-issuing authority of
the school district in
which he lives a part-time and
vacation certificate under the
conditions provided for such certificates.
Sec. 3331.13. Whenever the school record
or annual academic
assessment report of a child as
specified in section
3331.02 of
the Revised Code, is required for
the purpose of determining
his
the child's eligibility to an age
and schooling certificate,
such
record shall be furnished by the
superintendent, principal,
teacher, or
other official in charge of
the
public, private, or
parochial school attended
by the
child within two days after a
request for the same is made by the
parent, guardian, or custodian
of the child.
Sec. 3331.14. The parent or guardian of a child of
compulsory school age
shall secure and keep on file the proper age
and schooling certificate of
his
the parent's or guardian's child
or ward if such child or
ward is employed by
him and shall return
such certificate as provided in section 3331.02 of the Revised
Code, but a
the parent
or guardian
need not secure and keep on
file a special or vacation certificate
of his child or ward if
such child or
ward is to be employed by him personally
when school
is not in session.
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
enforcement official. 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
under that
section. (B) The following minors aged sixteen or seventeen
are not
required to provide an age and schooling certificate as a
condition
of employment: (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
law; (2) Unless required by the superintendent of schools of the
school district where the minor resides
or by the chief
administrative officer of the nonpublic or community school the
child attends, 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 the following
are satisfied: (a) For the period prior to Memorial day and
after Labor day
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.
on Sunday. (b) For the period from Memorial day until the last day
of
the school
term in the spring and from the first day of the school
term in the fall until
Labor day, they are to be employed only for
hours that occur between
the end of the school day and nine p.m.
on
Monday through Thursday and only for hours that occur
between
the end of the school day on Friday and eleven
p.m. on Sunday. (C) To be hired
for the type of employment
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
or chief
administrative officer under division
(C)(A)(3) of section 3331.02
of the Revised Code; (2) A statement signed by the minor's parent or guardian
consenting to the proposed employment. 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 the
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
or by the
chief administrative officer of the nonpublic or community school
the child attends. The employer shall retain a copy of the proof of age and
the
statement of consent with the employment records of the
minor.
(D) As used in this section: (1) "Labor day" and "Memorial day" have the same meanings as
provided for those days in section 1.14 of the Revised Code. (2) "Seasonal amusement or recreational
establishment" means
both of the following: (a) An amusement or recreational establishment that does
not
operate for
more than seven months in any calendar year; (b) 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.
Sec. 4109.03. No employer shall employ a minor before
exacting from such
minor
thoroughly reviewing the
minor's age and
schooling
certificate, required by law, or fail to
keep such
certificate on
file, or fail to return
give notice to the
superintendent of
schools or
his authorized representative
chief
administrative
officer who issued such certificate
or give notice
of the nonuse
thereof
of the certificate within five working days
from such
minor's withdrawal or dismissal from
his
the employer's
service,
or continue to employ a minor after
his
the minor's age
and
schooling certificate
is void, or refuse to permit an
enforcement
official
to examine such
certificate, to observe the
conditions
under which minors are employed, or to
make reasonable
inquiry of
minors or persons supposed by such official to be
under
eighteen
in regard to matters pertaining to their age, employment,
or
schooling.
Sec. 4109.06. (A) This chapter does not apply to: (1) Minors who are students working on any properly
guarded
machines in the manual training department of any school
when the
work is performed under the personal supervision of an
instructor; (2) Students participating in a vocational program
approved
by the Ohio department of education; (3) A minor participating in a play, pageant, or concert
produced by an outdoor historical drama corporation, a
professional traveling theatrical production, a professional
concert tour, or a personal appearance tour as a professional
motion picture star, or as an actor or performer in
motion
pictures or in radio or television productions in accordance with
the rules adopted pursuant to division (A) of section 4109.05 of
the Revised
Code; (4) The participation without remuneration of a minor with
the consent of a parent or guardian, in a performance given by a
church, school, or academy, or at a concert or entertainment
given
solely for charitable purposes, or by a charitable or
religious
institution; (5) To minors who are employed by their parents in
occupations other than occupations prohibited by rule adopted
under this chapter; (6) Minors engaged in the delivery of newspapers to the
consumer; (7) Minors who have received a high school diploma or a
certificate of attendance from an accredited secondary school or
a
certificate of high school equivalence; (8) Minors who are currently heads of households or are
parents contributing to the support of their children; (9) Minors engaged in lawn mowing, snow shoveling, and
other
related employment; (10) Minors employed in agricultural employment in
connection with farms operated by their parents, grandparents, or
guardians where they are members of the guardians' household.
Minors are not exempt from this chapter if they reside in
agricultural labor camps as defined in section 3733.41 of the
Revised Code. (B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the
Revised Code do not apply to: (1) Minors who work in a sheltered workshop operated by a
county board of mental retardation; (2) Minors performing services for a nonprofit
organization
where the minor receives no compensation, except for
any expenses
incurred by the minor or except for meals provided
to the minor; (3) Minors employed in agricultural employment and who do
not reside in agricultural labor camps. (C) Division (D) of section 4109.07 of the Revised Code
does
not apply to minors who have their employment hours
established as
follows: (1) A minor adjudicated to be an unruly child or
delinquent
child who, as a result of the adjudication is placed
on probation
may either file a petition in the juvenile court in
whose
jurisdiction the minor resides, or apply to the
superintendent
of
the school district
or to the chief administrative officer who
issued the minor's age and schooling
certificate
pursuant to
section 3331.01 of the Revised Code alleging the restrictions on
the hours of
employment described in division (D) of section
4109.07 of the
Revised Code will cause a substantial hardship or
are not in the minor's
best interests. Upon receipt of a petition
or application, the
court
or, the superintendent,
or the chief
administrative officer, as appropriate, shall consult with
the
person required to supervise the minor on probation. If
after
such consultation the court
or, the superintendent, or the chief
administrative officer finds the
minor has failed to show the
restrictions will result in a
substantial hardship or that the
restrictions are not in the minor's best
interests, the court
or,
the superintendent, or the chief administrative officer shall
uphold the
restrictions. If after such consultation the court
or,
the
superintendent, or the chief administrative officer finds the
minor has shown the restricted hours
will cause a substantial
hardship or are not in the minor's best
interests, the court
or,
the superintendent, or the chief administrative officer shall
establish
differing hours of employment for the minor and notify
the minor
and the minor's employer of such hours, which shall be
binding in
lieu of the restrictions on the hours of employment
described in
division (D) of section 4109.07 of the Revised Code. (2) Any minor to whom division (C)(1) of this section does
not apply may either file a petition in the juvenile court in
whose jurisdiction the person resides, or apply to the
superintendent
of the
school district
or to the chief
administrative officer who issued the minor's age and schooling
certificate
pursuant to section 3331.01 of the Revised Code
alleging
the restrictions on the hours of
employment described in
division (D) of section 4109.07 of the
Revised Code will cause a
substantial hardship or are not in the minor's
best interests. If, as a result of a petition or application, the court
or,
the superintendent,
or the chief administrative officer, as
appropriate, finds the minor has failed to
show such restrictions
will result in a substantial hardship or
that the restrictions are
not in the minor's best interests, the
court
or,
the
superintendent, or the chief administrative officer shall uphold
the restrictions. If the court
or, superintendent, or chief
administrative officer finds the minor has shown the restricted
hours
will cause a substantial hardship or are not in the minor's
best
interests, the court
or, superintendent, or chief
administrative officer shall establish the hours
of employment for
the minor and shall notify the minor and the
minor's employer of
such hours. (D) As used in this section, "certificate of high school
equivalence" means a statement issued by the state board of
education or an equivalent agency of another state that the
holder
thereof has achieved the equivalent of a high school
education as
measured by scores obtained on the tests of general
educational
development published by the American council on
education.
Sec. 4109.08. (A) No minor shall be employed unless the
employer keeps on the premises a complete list of all minors
employed by the employer at a particular establishment and a
printed abstract to be furnished by the director of
commerce
summarizing the provisions
of this chapter. The list and abstract shall be posted in plain view in a
conspicuous place which is frequented by the largest number of
minor employees, and to which all minor employees have access. (B) An enforcement official may require any employer, in
or
about whose establishment an employee apparently under
eighteen
years of age is employed and whose age and schooling
certificate
is not
filed
on file with the director of commerce as required by
section
4109.02
3331.01 of the
Revised Code, to furnish the
enforcement official satisfactory
evidence that the employee is in
fact eighteen years of age or
older. The enforcement official
shall require from the employer,
unless an over-age certificate
issued in accordance with section
3331.15 of the Revised Code is
held by the employee, the same
evidence of age of the employee as
is required by section 3331.02
of the Revised Code upon the
issuance of an age and schooling
certificate. No employer shall
fail to produce the evidence. (C) Any employee apparently under eighteen years of age,
working in any occupation or establishment with respect to which
there are restrictions by rule or law governing the employment of
minors, with respect to whom the employer has not furnished
satisfactory evidence that the person is at or above the age
required for performance of employment with the employer after
being requested to do so, and who refuses to give to an
enforcement official the employee's name, age, and place of
residence may be
taken into custody and charged with being an
unruly child or
other appropriate charge under Chapter 2151. or
2152. of the
Revised Code. (D) No person shall, with the intent to assist a minor to
procure employment, make a false statement
by any means, including
by submitting falsified forms electronically, to any employer or
to
any person authorized to issue an age and schooling
certificate.
Sec. 4109.09. (A) After a minor employee has made a
written request that an
employer
return his
give notice of the
nonuse of the minor's age and schooling certificate,
should
the
employer fail to
mail the document to the issuing authority within
three days of receipt of the
request, the minor shall be entitled
to recover from the employer an amount
equal to the wages which
he
would have
been earned had
he
the minor continued in employment
for the period between the receipt of the request by the employer
and the
initiation of the suit or compliance with the request by
the employer. (B) If any minor fails to appear for work without
explanation for three days,
an employer shall consider the
employment terminated, and shall
return
give notice of the nonuse
of the age
and schooling certificate to the issuing authority.
Section 2. That existing sections 3331.01, 3331.02, 3331.06,
3331.07, 3331.08, 3331.09, 3331.11, 3331.12, 3331.13, 3331.14,
4109.02, 4109.03, 4109.06, 4109.08, and 4109.09 and sections
3331.05 and 3331.15 of the Revised Code are hereby repealed.
Section 3. On and before August 31, 2001, an employer who
employs minors of compulsory school age shall do all of the
following:
(A) Before employing a minor, extract from the minor the
minor's age and schooling certificate and keep the certificate of
each minor the employer employs 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 enforcement official;
(B) Return a minor's age and schooling certificate to the
superintendent of schools or the superintendent's authorized
representative, or give notice of the nonuse of the certificate
within five working days after the minor's withdrawal or dismissal
from the employer's service;
(C) Permit an enforcement official to examine the age and
schooling certificate of each minor employed by the employer.
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