Rep. Jay Hoffman

Filed: 5/10/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 696

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
8events.
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
12is:
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;
7a motion picture, film, or television production; the
8installation of tents; or hangings of banners.
9    (c) A home rule municipality may not regulate portable
10audiovisual rigging in a manner inconsistent with this
11Section. This Section is a limitation under subsection (i) of
12Section 6 of Article VII of the Illinois Constitution on the
13concurrent exercise by home rule units of powers and functions
14exercised by the State.
 
15    Section 10. The Child Labor Law is amended by adding
16Section 0.5 and by changing Sections 8, 10, 11, and 12 as
17follows:
 
18    (820 ILCS 205/0.5 new)
19    Sec. 0.5. Definitions. As used in this Act:
20    "District Superintendent of Schools" means an individual
21employed by a board of education in accordance with Section
2210-21.4 of the School Code and shall also include the chief
23executive officer of a school district in a city with over
24500,000 inhabitants.

 

 

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1    "Duly authorized agent" means an individual who has been
2designated by a Regional or District Superintendent of Schools
3as their agent for the limited purpose of issuing employment
4certificates to minors under the age of 16, and may include
5officials of any public school district, charter school, or
6any State-recognized, non-public school.
7    "Regional Superintendent of Schools" means the chief
8administrative officer of an educational service region
9pursuant to Section 3A-2 of the School Code.
 
10    (820 ILCS 205/8)  (from Ch. 48, par. 31.8)
11    Sec. 8. Authority to issue employment certificates.
12    (a) Notwithstanding the provisions of this Act, the
13Regional or District City or County Superintendent of Schools,
14or their duly authorized agents, are authorized to issue an
15employment certificate for any minor under sixteen (16) years
16of age, said certificate authorizing and permitting the
17appearance of such minor in a play or musical comedy with a
18professional traveling theatrical production on the stage of a
19duly licensed theatre wherein not more than two performances
20are given in any one day and not more than eight performances
21are given in any one week, or nine when a holiday occurs during
22the week, or in a musical recital or concert: Provided, that
23such minor is accompanied by his parent or guardian or by a
24person in whose care the parent or guardian has placed the
25minor and whose connection with the performance or with the

 

 

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1operation of the theatre in which the minor is to appear is
2limited to the care of such minor or of minors appearing
3therein: And provided further, that such minor shall not
4appear on said stage or in a musical recital or concert, attend
5rehearsals, or be present in connection with such appearance
6or rehearsals, in the theatre where the play or musical comedy
7is produced or in the place where the concert or recital is
8given, for more than a total of six (6) hours in any one day,
9or on more than six (6) days in any one week, or for more than
10a total of twenty-four (24) hours in any one week, or after the
11hour of 11 postmeridian; and provided further, no such minor
12shall be excused from attending school except as authorized
13pursuant to Section 26-1 of the School Code. Application for
14such certificate shall be made by the manager of the theatre,
15or by the person in the district responsible for the musical
16recital or concert, and by the parent or guardian of such minor
17to the Regional or District City or County Superintendent of
18Schools or his authorized agent at least fourteen (14) days in
19advance of such appearance. The Regional or District City or
20County Superintendent of Schools or his agent may issue a
21permit if satisfied that adequate provision has been made for
22the educational instruction of such minor, for safeguarding
23his health and for the proper moral supervision of such minor,
24and that proper rest and dressing room facilities are provided
25in the theatre for such minor.
26    (b) Notwithstanding the provisions of this Act, the City

 

 

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1or Regional or District Superintendent of Schools, or their
2duly authorized agents, are authorized to issue an employment
3certificate for any minor under 16 years of age, such
4certificate authorizing and permitting the appearance of such
5minor as a model or in a motion picture, radio or television
6production: Provided, that no such minor shall be excused from
7attending school except as authorized pursuant to Section 26-1
8of The School Code. The Department of Labor shall promulgate
9rules and regulations to carry out the provisions of this
10subsection. Such rules and regulations shall be designed to
11protect the health and welfare of child models or actors and to
12insure that the conditions under which minors are employed,
13used or exhibited will not impair their health, welfare,
14development or proper education.
15    (c) In situations where a minor from another state seeks
16to obtain an Illinois employment certificate, the Department
17shall work with a City or Regional or District Superintendent
18of Schools, or the State Superintendent of Education, or his
19or her duly authorized agents, to issue the certificate. The
20Superintendent may waive the requirement in Section 12 of this
21Act that a minor submit his or her application in person, if
22the minor resides in another state.
23(Source: P.A. 96-1247, eff. 7-23-10.)
 
24    (820 ILCS 205/10)  (from Ch. 48, par. 31.10)
25    Sec. 10. Employment certificates shall permit employment

 

 

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1during the school vacation or outside of school hours. The
2employment certificate shall be signed by the Regional or
3District City or County Superintendent of Schools or their
4duly authorized agents and shall be in such a form as to show
5on its face the information and evidence required by Section
611 to be filed before the certificate is issued. An original
7certificate and 3 copies of the certificate shall be issued
8and the person issuing it shall:
9        (i) mail the original to the minor's employer,
10        (ii) send copies to the State Department of Labor and
11    to the minor's parent or legal guardian, and
12        (iii) retain a copy in his files.
13(Source: P.A. 88-365.)
 
14    (820 ILCS 205/11)  (from Ch. 48, par. 31.11)
15    Sec. 11. Employment certificate issuance; duration;
16revocation.
17    (a) The employment certificate shall be issued by the
18Regional or District City or County Superintendent of Schools
19or by their duly authorized agents and shall be valid for a
20period of one year. The person issuing these certificates
21shall have authority to administer the oaths provided for
22herein, but no fee shall be charged. It shall be the duty of
23the school board or local school authority, to designate a
24place or places where certificates shall be issued and
25recorded, and physical examinations made without fee, as

 

 

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1hereinafter provided, and to establish and maintain the
2necessary records and clerical services for carrying out the
3provisions of this Act.
4    The issuing officer shall notify the principal of the
5school attended by the minor for whom an employment
6certificate for out of school work is issued by him.
7    The parent or legal guardian of a minor, or the principal
8of the school attended by the minor for whom an employment
9certificate has been issued may ask for the revocation of the
10certificate by petition to the Department of Labor in writing,
11stating the reasons he believes that the employment is
12interfering with the best physical, intellectual or moral
13development of the minor. The Department of Labor shall
14thereupon revoke the employment certificate by notice in
15writing to the employer of the minor.
16    (b) In situations where a minor from another state seeks
17to obtain an Illinois employment certificate, the Department
18shall work with a City or Regional or District Superintendent
19of Schools, or the State Superintendent of Education, or his
20or her duly authorized agents, to issue the certificate. The
21Superintendent may waive the requirement in Section 12 of this
22Act that a minor submit his or her application in person, if
23the minor resides in another state.
24(Source: P.A. 96-1247, eff. 7-23-10.)
 
25    (820 ILCS 205/12)  (from Ch. 48, par. 31.12)

 

 

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1    Sec. 12. The person authorized to issue employment
2certificates shall issue a certificate only after examining
3and approving the written application and other papers
4required under this Section. The application shall be signed
5by the applicant's parent or legal guardian. The application
6shall be submitted in person by the minor desiring employment,
7unless the issuing officer determines that the minor may
8utilize a remote application process. The minor shall be
9accompanied by his or her parent, guardian, or custodian,
10whether applying in person or remotely. The following papers
11shall be submitted with the application:
12    1. A statement of intention to employ signed by the
13prospective employer, or by someone duly authorized by him,
14setting forth the specific nature of the occupation in which
15he intends to employ such minor and the exact hours of the day
16and number of hours per day and days per week during which the
17minor shall be employed.
18    2. Evidence of age showing that the minor is of the age
19required by this Act, which evidence shall be documentary, and
20shall be required in the order designated, as follows:
21        a. a birth certificate or transcript thereof furnished
22    by the State or County or a signed statement of the
23    recorded date and place of birth issued by a registrar of
24    vital records, or other officer charged with the duty of
25    recording births, such registration having been completed
26    within 10 years after the date of birth;

 

 

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1        b. a certificate of baptism, or transcript thereof,
2    duly certified, showing the date of birth and place of
3    baptism of the child;
4        c. other documentary proof of age (other than a school
5    record or an affidavit of age) such as a bona fide record
6    of the date and place of the child's birth, kept in the
7    Bible in which the records of births, marriages and deaths
8    in the family of the child are preserved; a certificate of
9    confirmation or other church ceremony at least one year
10    old, showing the age of the child and the date and place of
11    the confirmation or ceremony; or a certificate of arrival
12    in the United States, issued by the United States
13    Immigration Officer, showing the age of the child; or a
14    life insurance policy at least one year old showing the
15    age of the child;
16        d. If none of the proofs of age described in items a, b
17    and c are obtainable, and only in that case, the issuing
18    officer may accept a certificate signed by a physician,
19    who shall be a public health officer or a public school
20    physician, stating that he has examined the child and that
21    in his opinion the child is at least of the age required by
22    this Act. The certificate shall show the height and weight
23    of the child, the condition of the child's teeth, and any
24    other facts concerning the child's physical development
25    revealed by the examination and upon which his opinion as
26    to the child's age is based, and shall be accompanied by a

 

 

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1    school record of age.
2    3. A statement on a form approved by the Department of
3Labor and signed by the principal of the school that the minor
4attends, or during school holidays when the principal is not
5available, then by the Regional or District Superintendent of
6Schools regional superintendent of schools or by a person
7designated by him for that purpose, showing the minor's name,
8address, social security number, grade last completed, and the
9names of his parents, provided that the statement shall be
10required only in the case of a minor who is employed on school
11days outside school hours, or on Saturdays or other school
12holidays during the school term.
13    4. A statement of physical fitness signed by a public
14health or public school physician who has examined the minor,
15certifying that the minor is physically fit to be employed in
16all legal occupations or to be employed in legal occupations
17under limitations specified. If the statement of physical
18fitness is limited, the employment certificate issued thereon
19shall state clearly the limitations upon its use, and shall be
20valid only when used under the limitations so stated.
21    In any case where the physician deems it advisable he may
22issue a certificate of physical fitness for a specified period
23of time, at the expiration of which the person for whom it was
24issued shall appear and be re-examined before being permitted
25to continue work.
26    Examinations shall be made in accordance with the

 

 

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1standards and procedures prescribed by the State Director of
2the Department of Labor, in consultation with the State
3Director of the Department of Public Health and the State
4Superintendent of Education, and shall be recorded on a form
5furnished by the Department of Labor. When made by public
6health or public school physicians, the examination shall be
7made without charge to the minor. In case a public health or
8public school physician is not available, a statement from a
9private physician who has examined the minor may be accepted,
10provided that the examination is made in accordance with the
11standards and procedures established by the Department of
12Labor.
13    If the issuing officer refuses to issue a certificate to a
14minor, the issuing officer shall send to the principal of the
15school last attended by the minor the name and address of the
16minor and the reason for the refusal to issue the certificate.
17(Source: P.A. 87-895; 88-365.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".