Rep. Jay Hoffman

Filed: 5/6/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 696 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5adding Section 11-5-11 as follows:
6    (65 ILCS 5/11-5-11 new)
7    Sec. 11-5-11. Portable audiovisual rigging at special
9    (a) In municipalities that require permits for special
10events, no person may perform, or employ, direct or allow a
11person to perform, portable audiovisual rigging at a permitted
12special event unless the person performing such work holds a
13valid rigging certification from the Entertainment Technician
14Certification Program operated by the Entertainment Services
15and Technology Association.
16    (b) As used in this Section:



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1    "Portable audiovisual rigging" means the temporary
2installation or operation of portable mechanical rigging and
3static rigging for the overhead suspension of portable
4audiovisual equipment, including, but not limited to: audio,
5video, lighting, backdrops, scenery, and other effects at a
6special event. "Portable audiovisual rigging" does not include
7freight handling or the transportation of heavy equipment.
8    "Special event" means a planned temporary aggregation of
9attractions, including, but not limited to, public
10entertainment, food and beverage service facilities, sales of
11souvenirs or other merchandise, or similar attractions, that
13        (1) conducted on the public way; or
14        (2) conducted primarily outdoors on property open to
15    the public, other than the public way, and which:
16            (A) includes activities that require the issuance
17        of a municipal temporary food establishment license,
18        municipal special event liquor license, or similar
19        license; or
20            (B) requires special municipal services,
21        including, but not limited to: street closures; the
22        provision of barricades, garbage cans, stages, or
23        special no parking signs; special electrical services;
24        or special police protection.
25    "Special event" does not include a parade or athletic
26event for which a separate permit is required, a neighborhood



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1block party at which no food, beverages, or merchandise are
2sold; indoor or outdoor events taking place on properties
3owned by the Metropolitan Pier and Exposition Authority;
4indoor or outdoor events taking place on hotel or convention
5center property in the State; a citywide festival conducted
6under an intergovernmental agreement authorized by ordinance;
7the installation of tents; or hangings of banners.
8    (c) A home rule municipality may not regulate portable
9audiovisual rigging in a manner inconsistent with this
10Section. This Section is a limitation under subsection (i) of
11Section 6 of Article VII of the Illinois Constitution on the
12concurrent exercise by home rule units of powers and functions
13exercised by the State.
14    Section 10. The Child Labor Law is amended by changing
15Sections 8, 11, and 12 as follows:
16    (820 ILCS 205/8)  (from Ch. 48, par. 31.8)
17    Sec. 8. Authority to issue employment certificates.
18    (a) Notwithstanding the provisions of this Act, the City
19or County Superintendent of Schools, or their duly authorized
20agents, are authorized to issue an employment certificate for
21any minor under sixteen (16) years of age, said certificate
22authorizing and permitting the appearance of such minor in a
23play or musical comedy with a professional traveling
24theatrical production on the stage of a duly licensed theatre



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



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



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1Act that a minor submit his or her application in person, if
2the minor resides in another state.
3(Source: P.A. 96-1247, eff. 7-23-10.)
4    (820 ILCS 205/11)  (from Ch. 48, par. 31.11)
5    Sec. 11. Employment certificate issuance; duration;
7    (a) The employment certificate shall be issued by the City
8or County Superintendent of Schools or by their duly
9authorized agents and shall be valid for a period of one year.
10The person issuing these certificates shall have authority to
11administer the oaths provided for herein, but no fee shall be
12charged. It shall be the duty of the school board or local
13school authority, to designate a place or places where
14certificates shall be issued and recorded, and physical
15examinations made without fee, as hereinafter provided, and to
16establish and maintain the necessary records and clerical
17services for carrying out the provisions of this Act.
18    The issuing officer shall notify the principal of the
19school attended by the minor for whom an employment
20certificate for out of school work is issued by him.
21    The parent or legal guardian of a minor, or the principal
22of the school attended by the minor for whom an employment
23certificate has been issued may ask for the revocation of the
24certificate by petition to the Department of Labor in writing,
25stating the reasons he believes that the employment is



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1interfering with the best physical, intellectual or moral
2development of the minor. The Department of Labor shall
3thereupon revoke the employment certificate by notice in
4writing to the employer of the minor.
5    (b) In situations where a minor from another state seeks
6to obtain an Illinois employment certificate, the Department
7shall work with a City or Regional Superintendent of Schools,
8or the State Superintendent of Education, or his or her duly
9authorized agents, to issue the certificate. The
10Superintendent may waive the requirement in Section 12 of this
11Act that a minor submit his or her application in person, if
12the minor resides in another state.
13(Source: P.A. 96-1247, eff. 7-23-10.)
14    (820 ILCS 205/12)  (from Ch. 48, par. 31.12)
15    Sec. 12. The person authorized to issue employment
16certificates shall issue a certificate only after examining
17and approving the written application and other papers
18required under this Section. The application shall be signed
19by the applicant's parent or legal guardian. The application
20shall be submitted in person by the minor desiring employment,
21unless the issuing officer determines that the minor may
22utilize a remote application process. The minor shall be
23accompanied by his or her parent, guardian, or custodian,
24whether applying in person or remotely. The following papers
25shall be submitted with the application:



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1    1. A statement of intention to employ signed by the
2prospective employer, or by someone duly authorized by him,
3setting forth the specific nature of the occupation in which
4he intends to employ such minor and the exact hours of the day
5and number of hours per day and days per week during which the
6minor shall be employed.
7    2. Evidence of age showing that the minor is of the age
8required by this Act, which evidence shall be documentary, and
9shall be required in the order designated, as follows:
10        a. a birth certificate or transcript thereof furnished
11    by the State or County or a signed statement of the
12    recorded date and place of birth issued by a registrar of
13    vital records, or other officer charged with the duty of
14    recording births, such registration having been completed
15    within 10 years after the date of birth;
16        b. a certificate of baptism, or transcript thereof,
17    duly certified, showing the date of birth and place of
18    baptism of the child;
19        c. other documentary proof of age (other than a school
20    record or an affidavit of age) such as a bona fide record
21    of the date and place of the child's birth, kept in the
22    Bible in which the records of births, marriages and deaths
23    in the family of the child are preserved; a certificate of
24    confirmation or other church ceremony at least one year
25    old, showing the age of the child and the date and place of
26    the confirmation or ceremony; or a certificate of arrival



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1    in the United States, issued by the United States
2    Immigration Officer, showing the age of the child; or a
3    life insurance policy at least one year old showing the
4    age of the child;
5        d. If none of the proofs of age described in items a, b
6    and c are obtainable, and only in that case, the issuing
7    officer may accept a certificate signed by a physician,
8    who shall be a public health officer or a public school
9    physician, stating that he has examined the child and that
10    in his opinion the child is at least of the age required by
11    this Act. The certificate shall show the height and weight
12    of the child, the condition of the child's teeth, and any
13    other facts concerning the child's physical development
14    revealed by the examination and upon which his opinion as
15    to the child's age is based, and shall be accompanied by a
16    school record of age.
17    3. A statement on a form approved by the Department of
18Labor and signed by the principal of the school that the minor
19attends, or during school holidays when the principal is not
20available, then by the regional superintendent of schools or
21by a person designated by him for that purpose, showing the
22minor's name, address, social security number, grade last
23completed, and the names of his parents, provided that the
24statement shall be required only in the case of a minor who is
25employed on school days outside school hours, or on Saturdays
26or other school holidays during the school term.



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1    4. A statement of physical fitness signed by a public
2health or public school physician who has examined the minor,
3certifying that the minor is physically fit to be employed in
4all legal occupations or to be employed in legal occupations
5under limitations specified. If the statement of physical
6fitness is limited, the employment certificate issued thereon
7shall state clearly the limitations upon its use, and shall be
8valid only when used under the limitations so stated.
9    In any case where the physician deems it advisable he may
10issue a certificate of physical fitness for a specified period
11of time, at the expiration of which the person for whom it was
12issued shall appear and be re-examined before being permitted
13to continue work.
14    Examinations shall be made in accordance with the
15standards and procedures prescribed by the State Director of
16the Department of Labor, in consultation with the State
17Director of the Department of Public Health and the State
18Superintendent of Education, and shall be recorded on a form
19furnished by the Department of Labor. When made by public
20health or public school physicians, the examination shall be
21made without charge to the minor. In case a public health or
22public school physician is not available, a statement from a
23private physician who has examined the minor may be accepted,
24provided that the examination is made in accordance with the
25standards and procedures established by the Department of



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1    If the issuing officer refuses to issue a certificate to a
2minor, the issuing officer shall send to the principal of the
3school last attended by the minor the name and address of the
4minor and the reason for the refusal to issue the certificate.
5(Source: P.A. 87-895; 88-365.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".