Illinois 2023-2024 Regular Session

Illinois House Bill HB1258 Latest Draft

Bill / Engrossed Version Filed 03/14/2023

                            HB1258 EngrossedLRB103 00138 SPS 45142 b   HB1258 Engrossed  LRB103 00138 SPS 45142 b
  HB1258 Engrossed  LRB103 00138 SPS 45142 b
1  AN ACT concerning employment.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Child Labor Law is amended by changing
5  Sections 3 and 8 as follows:
6  (820 ILCS 205/3) (from Ch. 48, par. 31.3)
7  (Text of Section before amendment by P.A. 102-832)
8  Sec. 3.  Except as hereinafter provided, no minor under 16
9  years of age shall be employed, permitted, or allowed to work
10  in any gainful occupation mentioned in Section 1 of this Act
11  for more than 6 consecutive days in any one week, or more than
12  48 hours in any one week, or more than 8 hours in any one day,
13  or be so employed, permitted or allowed to work between 7 p.m.
14  and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7
15  a.m. from June 1 until Labor Day.
16  The hours of work of minors under the age of 16 years
17  employed outside of school hours shall not exceed 3 a day on
18  days when school is in session, nor shall the combined hours of
19  work outside and in school exceed a total of 8 a day; except
20  that a minor under the age of 16 may work both Saturday and
21  Sunday for not more than 8 hours each day if the following
22  conditions are met: (1) the minor does not work outside school
23  more than 6 consecutive days in any one week, and (2) the

 

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1  number of hours worked by the minor outside school in any week
2  does not exceed 24.
3  A minor 14 or more years of age who is employed in a
4  recreational or educational activity by a park district,
5  not-for-profit youth club, or municipal parks and recreation
6  department while school is in session may work up to 3 hours
7  per school day twice a week no later than 9 p.m. if the number
8  of hours worked by the minor outside school in any week does
9  not exceed 24 or between 10 p.m. and 7 a.m. during that school
10  district's summer vacation, or if the school district operates
11  on a 12 month basis, the period during which school is not in
12  session for the minor.
13  (Source: P.A. 92-592, eff. 6-27-02.)
14  (Text of Section after amendment by P.A. 102-832)
15  Sec. 3.  Except as hereinafter provided, no minor under 16
16  years of age shall be employed, permitted, or allowed to work
17  in any gainful occupation mentioned in Section 1 of this Act
18  for more than 6 consecutive days in any one week, or more than
19  40 48 hours in any one week, or more than 8 hours in any one
20  day, or be so employed, permitted or allowed to work between 7
21  p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m.
22  and 7 a.m. from June 1 until Labor Day. Minors under 16 years
23  of age working under the provisions of Section 8.1 shall be
24  permitted to work until 10 p.m.
25  The hours of work of minors under the age of 16 years

 

 

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1  employed outside of school hours shall not exceed 3 a day on
2  days when school is in session, nor shall the combined hours of
3  work outside and in school exceed a total of 8 a day; except
4  that a minor under the age of 16 may work both Saturday and
5  Sunday for not more than 8 hours each day if the following
6  conditions are met: (1) the minor does not work outside school
7  more than 6 consecutive days in any one week, and (2) the
8  number of hours worked by the minor outside school in any week
9  does not exceed 18 24.
10  A minor 14 or more years of age who is employed in a
11  recreational or educational activity by a park district,
12  not-for-profit youth club, or municipal parks and recreation
13  department while school is in session may work up to 3 hours
14  per school day twice a week no later than 9 p.m. if the number
15  of hours worked by the minor outside school in any week does
16  not exceed 18 24 or between 10 p.m. and 7 a.m. during that
17  school district's summer vacation, or if the school district
18  operates on a 12 month basis, the period during which school is
19  not in session for the minor.
20  (Source: P.A. 102-832, eff. 1-1-23.)
21  (820 ILCS 205/8) (from Ch. 48, par. 31.8)
22  Sec. 8. Authority to issue employment certificates.
23  (a) Notwithstanding the provisions of this Act, the
24  Regional or District Superintendent of Schools, or their duly
25  authorized agents, are authorized to issue an employment

 

 

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1  certificate for any minor under sixteen (16) years of age,
2  said certificate authorizing and permitting the appearance of
3  such minor in a play or musical comedy with a professional
4  traveling theatrical production on the stage of a duly
5  licensed theatre wherein not more than two performances are
6  given in any one day and not more than eight performances are
7  given in any one week, or nine when a holiday occurs during the
8  week, or in a musical recital or concert: Provided, that such
9  minor is accompanied by his parent or guardian or by a person
10  in whose care the parent or guardian has placed the minor and
11  whose connection with the performance or with the operation of
12  the theatre in which the minor is to appear is limited to the
13  care of such minor or of minors appearing therein: And
14  provided further, that such minor shall not appear on said
15  stage or in a musical recital or concert, attend rehearsals,
16  or be present in connection with such appearance or
17  rehearsals, in the theatre where the play or musical comedy is
18  produced or in the place where the concert or recital is given,
19  for more than a total of six (6) hours in any one day, or on
20  more than six (6) days in any one week, or for more than a
21  total of 18 twenty-four (24) hours in any one week, or after
22  the hour of 11 postmeridian; and provided further, no such
23  minor shall be excused from attending school except as
24  authorized pursuant to Section 26-1 of the School Code.
25  Application for such certificate shall be made by the manager
26  of the theatre, or by the person in the district responsible

 

 

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1  for the musical recital or concert, and by the parent or
2  guardian of such minor to the Regional or District
3  Superintendent of Schools or his authorized agent at least
4  fourteen (14) days in advance of such appearance. The Regional
5  or District Superintendent of Schools or his agent may issue a
6  permit if satisfied that adequate provision has been made for
7  the educational instruction of such minor, for safeguarding
8  his health and for the proper moral supervision of such minor,
9  and that proper rest and dressing room facilities are provided
10  in the theatre for such minor.
11  (b) Notwithstanding the provisions of this Act, the
12  Regional or District Superintendent of Schools, or their duly
13  authorized agents, are authorized to issue an employment
14  certificate for any minor under 16 years of age, such
15  certificate authorizing and permitting the appearance of such
16  minor as a model or in a motion picture, radio or television
17  production: Provided, that no such minor shall be excused from
18  attending school except as authorized pursuant to Section 26-1
19  of The School Code. The Department of Labor shall promulgate
20  rules and regulations to carry out the provisions of this
21  subsection. Such rules and regulations shall be designed to
22  protect the health and welfare of child models or actors and to
23  insure that the conditions under which minors are employed,
24  used or exhibited will not impair their health, welfare,
25  development or proper education.
26  (c) In situations where a minor from another state seeks

 

 

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1  to obtain an Illinois employment certificate, the Department
2  shall work with a Regional or District Superintendent of
3  Schools, or the State Superintendent of Education, or his or
4  her duly authorized agents, to issue the certificate.
5  (Source: P.A. 102-32, eff. 6-25-21.)
6  Section 95. No acceleration or delay. Where this Act makes
7  changes in a statute that is represented in this Act by text
8  that is not yet or no longer in effect (for example, a Section
9  represented by multiple versions), the use of that text does
10  not accelerate or delay the taking effect of (i) the changes
11  made by this Act or (ii) provisions derived from any other
12  Public Act.

 

 

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