HB102ENGROSSED
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HB102
XCPDEZ7-2
By Representative DuBose
RFD: Children and Senior Advocacy
First Read: 06-Feb-24
PFD: 05-Feb-24
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PFD: 05-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to child labor; to amend Sections 25-8-32.1
and 25-8-45, Code of Alabama 1975, to eliminate the
eligibility to work form; and to repeal Section 25-8-46, Code
of Alabama 1975, relating to the eligibility to work form.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 25-8-32.1 and 25-8-45, Code of
Alabama 1975, are amended to read as follows:
"§25-8-32.1
For purposes of this chapter, the following words and
phrases shall have the following meanings:
(1) DEPARTMENT. The Department of Labor.
(2) ELIGIBILITY TO WORK FORM. A form issued by the head
administrator, counselor, or, if home schooled an instructor
of the school which a 14- or 15-year-old minor attends
certifying satisfactory grades and attendance of the minor in
order for a 14- or 15-year-old minor to be employed.
(3)(2) EMPLOY. To employ, permit, or suffer to work
with or without compensation.
(4)(3) EMPLOYEE. Any person individual employed by an
employer, but shall not include an individual engaged in the
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employer, but shall not include an individual engaged in the
activities of an educational, charitable, religious,
scientific, historical, literary, or nonprofit organization
where the employer-employee relationship does not in fact
exist or where the services rendered are on a voluntary basis.
(5)(4) EMPLOYER. Any owner or any personindividual,
entity, franchise, corporation, or division of a corporation,
government agency, or association of persons acting directly
as, or in behalf of, or in the interest of any employer in
relation to employees, including the state and any political
subdivision thereof.
(6)(5) SECRETARY. The Secretary of the Department of
Labor.
(7)(6) VIOLATION. A failure by an employer, officer,
agent, or any other person to comply with any applicable
provision of the child labor law."
"§25-8-45
(a) No person under 16 years of age shall engage in any
occupation mentioned in Section 25-8-39 unless he or she has
secured and has with him or her an eligibility to work form as
provided in this chapter.
(b)(a) No personindividual, entity, franchise,
corporation, or division of a corporation shall employ,
permit, or suffer to work any personminor 14 or 15 years of
age in any occupation, except in agricultural service, unless
the personindividual, entity, franchise, corporation, or
division of a corporation procures and keeps on file for the
inspection by the officials charged with the enforcement of
this chapter, an eligibility to work form for every person 14
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this chapter, an eligibility to work form for every person 14
or 15 years of age and a complete list of those
personsindividuals 14 or 15 years of age employed therein with
the employer.
(c)(b) Any personindividual, entity, franchise,
corporation, or division of a corporation that wishes to
employ, permit, or suffer to work any minor 14 or 15 years of
age in any occupation, except in agricultural service, shall
obtain a Class I Child Labor Certificate from the department
for each location where a personan individual, entity,
franchise, corporation, or division of a corporation wishes to
employ a minor 14 or 15 years of age. SuchThe employment shall
be in accordance with all other sections of this chapter.
(d)(c) The certificate shall allow the employment of
minors 14 or 15 years of age to work only outside of school
hours or during vacation periods and only in occupations not
prohibited by this chapter for personsindividuals of these
ages.
(c)(d) The employment of a minor 14 or 15 years of age
shall be revoked or suspended by the department if the minor's
regular school attendance and performance record is not
satisfactory to the head administrator , or, if home schooled
an instructor, of the school which the minor attends. The
revocation or suspension shall be processed by the department
upon notification by the school.
(f)(e) Any personindividual, entity, franchise,
corporation, or division of a corporation that wishes to
employ, permit, or suffer to work any minor 16 or 17 years of
age in any occupation, except in agricultural service, shall
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age in any occupation, except in agricultural service, shall
obtain a Class II Child Labor Certificate from the department
for each location where a personan individual, entity,
franchise, corporation, or division of a corporation wishes to
employ a minor 16 or 17 years of age. SuchThe employment shall
be in accordance with all other sections of this chapter.
(g)(f) The department shall issue Class I and Class II
Child Labor Certificates to any personindividual, entity,
franchise, corporation, or division of a corporation that
applies to the department. The fee for a Class I or Class II
Child Labor Certificate shall be fifteen dollars ($15). The
certificates shall be issued annually.
(h)(g)(1) The application for the child labor
certificate shall contain all of the following information
specific to the location of the minor's employment:
a. The name, address, and telephone number of the
person, entity, franchise, corporation, or division of a
corporation that wishes to employ, permit, or suffer to work
any minor.
b. The type of business or entity, the federal employer
identification number, the names of all incorporators, owners,
members, or partners of the business or entity.
c. Any other information as required by department
regulation.
(2) The Class I and Class II Child Labor Certificates
shall contain all of the following information:
a. The name of the employer.
b. The type of business the employer maintains.
c. Any other information as required by department
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c. Any other information as required by department
regulation.
(3) If a personan individual, entity, franchise,
corporation, or division of a corporation, employs a minor
between 14 and 17 years of age without a proper child labor
certificate, the personindividual, entity, franchise,
corporation or division of a corporation shall pay a penalty
of fifty dollars ($50) and then shall obtain a certificate in
the proper manner.
(4) The parent, or guardian, of a minor 14 to 15 years
old employed by an individual, entity, franchise, corporation,
or division of a corporation shall notify the minor's head
administrator, counselor, or, if home schooled an instructor
of the school which the minor attends of the name, address,
and telephone number of the person, entity, franchise,
corporation, or division of a corporation employing the
minor."
Section 2. Section 25-8-46, Code of Alabama 1975,
relating to the eligibility to work form, is repealed.
Section 3. This act shall become effective June 1,
2024.
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2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Children and Senior
Advocacy
................06-Feb-24
Read for the second time and placed
on the calendar:
2 amendments
................06-Mar-24
Read for the third time and passed
as amended
................02-Apr-24
Yeas 97, Nays 2, Abstains 3
John Treadwell
Clerk
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