103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1258

 

Introduced 1/31/2023, by Rep. Joe C. Sosnowski - Jeff Keicher

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 205/3  from Ch. 48, par. 31.3
820 ILCS 205/8  from Ch. 48, par. 31.8

    Amends the Child Labor Law. Provides that no minor under 16 years of age shall be employed, permitted, or allowed to work in any gainful occupation for more than 40 hours (rather than 48 hours) in any one week. Removes a provision limiting the hours of work for minors under the age of 16 to no more than 8 hours a day of combined work hours outside and in school. Provides that a minor 14 years or older who is employed in a recreational or educational activity while school is in session is limited to working 18 (rather than 24) hours in any week. Authorizes the Regional or District Superintendent of Schools to issue an employment certificate that permits a minor under 16 years of age to appear in a play or musical comedy with a professional traveling theatrical production if such minor shall not appear on stage or be present in rehearsals for more than 18 (rather than 24) hours in one week.


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Labor Law is amended by changing
5Sections 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
9years of age shall be employed, permitted, or allowed to work
10in any gainful occupation mentioned in Section 1 of this Act
11for more than 6 consecutive days in any one week, or more than
1248 hours in any one week, or more than 8 hours in any one day,
13or be so employed, permitted or allowed to work between 7 p.m.
14and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7
15a.m. from June 1 until Labor Day.
16    The hours of work of minors under the age of 16 years
17employed outside of school hours shall not exceed 3 a day on
18days when school is in session, nor shall the combined hours of
19work outside and in school exceed a total of 8 a day; except
20that a minor under the age of 16 may work both Saturday and
21Sunday for not more than 8 hours each day if the following
22conditions are met: (1) the minor does not work outside school
23more than 6 consecutive days in any one week, and (2) the

 

 

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1number of hours worked by the minor outside school in any week
2does not exceed 24.
3    A minor 14 or more years of age who is employed in a
4recreational or educational activity by a park district,
5not-for-profit youth club, or municipal parks and recreation
6department while school is in session may work up to 3 hours
7per school day twice a week no later than 9 p.m. if the number
8of hours worked by the minor outside school in any week does
9not exceed 24 or between 10 p.m. and 7 a.m. during that school
10district's summer vacation, or if the school district operates
11on a 12 month basis, the period during which school is not in
12session 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
16years of age shall be employed, permitted, or allowed to work
17in any gainful occupation mentioned in Section 1 of this Act
18for more than 6 consecutive days in any one week, or more than
1940 48 hours in any one week, or more than 8 hours in any one
20day, or be so employed, permitted or allowed to work between 7
21p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m.
22and 7 a.m. from June 1 until Labor Day. Minors under 16 years
23of age working under the provisions of Section 8.1 shall be
24permitted to work until 10 p.m.
25    The hours of work of minors under the age of 16 years

 

 

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

 

 

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

 

 

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

 

 

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1to obtain an Illinois employment certificate, the Department
2shall work with a Regional or District Superintendent of
3Schools, or the State Superintendent of Education, or his or
4her 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
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.