HB0032 - 104th General Assembly

Rep. Daniel Didech

Filed: 3/27/2025

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 32

2    AMENDMENT NO. ______. Amend House Bill 32, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Open Meetings Act is amended by changing
6Section 2.02 as follows:
 
7    (5 ILCS 120/2.02)  (from Ch. 102, par. 42.02)
8    Sec. 2.02. Public notice of all meetings, whether open or
9closed to the public, shall be given as follows:
10    (a) Every public body shall give public notice of the
11schedule of regular meetings at the beginning of each calendar
12or fiscal year and shall state the regular dates, times, and
13places of such meetings. An agenda for each regular meeting
14shall be posted at the principal office of the public body and
15at the location where the meeting is to be held at least 48
16hours in advance of the holding of the meeting. A public body

 

 

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1that has a website that the full-time staff of the public body
2maintains shall also post on its website the agenda of any
3regular meetings of the governing body of that public body.
4Any agenda of a regular meeting that is posted on a public
5body's website shall remain posted on the website until the
6regular meeting is concluded. The requirement of a regular
7meeting agenda shall not preclude the consideration of items
8not specifically set forth in the agenda. Public notice of any
9special meeting except a meeting held in the event of a bona
10fide emergency, or of any rescheduled regular meeting, or of
11any reconvened meeting, shall be given at least 48 hours
12before such meeting, which notice shall also include the
13agenda for the special, rescheduled, or reconvened meeting,
14but the validity of any action taken by the public body which
15is germane to a subject on the agenda shall not be affected by
16other errors or omissions in the agenda. For the purposes of
17this Section, "bona fide emergency" includes the appointment
18of a temporary deputy township supervisor under the Township
19Code. The requirement of public notice of reconvened meetings
20does not apply to any case where the meeting was open to the
21public and (1) it is to be reconvened within 24 hours, or (2)
22an announcement of the time and place of the reconvened
23meeting was made at the original meeting and there is no change
24in the agenda. Notice of an emergency meeting shall be given as
25soon as practicable, but in any event prior to the holding of
26such meeting, to any news medium which has filed an annual

 

 

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1request for notice under subsection (b) of this Section.
2    (b) Public notice shall be given by posting a copy of the
3notice at the principal office of the body holding the meeting
4or, if no such office exists, at the building in which the
5meeting is to be held. In addition, a public body that has a
6website that the full-time staff of the public body maintains
7shall post notice on its website of all meetings of the
8governing body of the public body. Any notice of an annual
9schedule of meetings shall remain on the website until a new
10public notice of the schedule of regular meetings is approved.
11Any notice of a regular meeting that is posted on a public
12body's website shall remain posted on the website until the
13regular meeting is concluded. The body shall supply copies of
14the notice of its regular meetings, and of the notice of any
15special, emergency, rescheduled or reconvened meeting, to any
16news medium that has filed an annual request for such notice.
17Any such news medium shall also be given the same notice of all
18special, emergency, rescheduled or reconvened meetings in the
19same manner as is given to members of the body provided such
20news medium has given the public body an address or telephone
21number within the territorial jurisdiction of the public body
22at which such notice may be given. The failure of a public body
23to post on its website notice of any meeting or the agenda of
24any meeting shall not invalidate any meeting or any actions
25taken at a meeting.
26    (c) Any agenda required under this Section shall set forth

 

 

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1the general subject matter of any resolution or ordinance that
2will be the subject of final action at the meeting. The public
3body conducting a public meeting shall ensure that at least
4one copy of any requested notice and agenda for the meeting is
5continuously available for public review during the entire
648-hour period preceding the meeting. Posting of the notice
7and agenda on a website that is maintained by the public body
8satisfies the requirement for continuous posting under this
9subsection (c). If a notice or agenda is not continuously
10available for the full 48-hour period due to actions outside
11of the control of the public body, then that lack of
12availability does not invalidate any meeting or action taken
13at a meeting.
14(Source: P.A. 97-827, eff. 1-1-13.)
 
15    Section 10. The Township Code is amended by changing
16Section 60-5 as follows:
 
17    (60 ILCS 1/60-5)
18    Sec. 60-5. Filling vacancies in township offices.
19    (a) Except for the office of township or multi-township
20assessor, if a township fails to elect the number of township
21officers that the township is entitled to by law, or a person
22elected to any township office fails to qualify, or a vacancy
23in any township office occurs for any other reason including
24without limitation the resignation of an officer or the

 

 

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1conviction in any court of the State of Illinois or of the
2United States of an officer for an infamous crime, then the
3township board shall fill the vacancy by appointment, by
4warrant under their signatures and seals, and the persons so
5appointed shall hold their respective offices for the
6remainder of the unexpired terms. All persons so appointed
7shall have the same powers and duties and are subject to the
8same penalties as if they had been elected or appointed for a
9full term of office. A vacancy in the office of township or
10multi-township assessor shall be filled only as provided in
11the Property Tax Code.
12    For purposes of this subsection (a), a conviction for an
13offense that disqualifies an officer from holding that office
14occurs on the date of (i) the entry of a plea of guilty in
15court, (ii) the return of a guilty verdict, or (iii) in the
16case of a trial by the court, the entry of a finding of guilt.
17    (b) If a vacancy on the township board is not filled within
1860 days, then a special township meeting must be called under
19Section 35-5 to select a replacement under Section 35-35.
20    (b-5) If the vacancy being filled under subsection (a) or
21(b) is for the township supervisor, a trustee shall be
22appointed as deputy supervisor to perform the ministerial
23functions of that office until the vacancy is filled under
24subsections (a) or (b). Once the vacancy is filled under
25subsections (a) or (b), the deputy supervisor's appointment is
26terminated.

 

 

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1    (c) Except as otherwise provided in this Section, whenever
2any township or multi-township office becomes vacant or
3temporarily vacant, the township or multi-township board may
4temporarily appoint a deputy to perform the ministerial
5functions of the vacant office until the vacancy has been
6filled as provided in subsection (a) or (b). If the office is
7temporarily vacant, the temporarily appointed deputy may
8perform the ministerial functions of the vacant office until
9the township officer submits a written statement to the
10appropriate board that he or she is able to resume his or her
11duties. For the purposes of this Section, "ministerial
12functions" includes, but is not limited to, serving as the ex
13officio supervisor of general assistance in the township and
14administering the general assistance program under Articles
15VI, XI, and XII of the Illinois Public Aid Code. The statement
16shall be sworn to before an officer authorized to administer
17oaths in this State. A temporary deputy shall not be permitted
18to vote at any meeting of the township board on any matter
19properly before the board unless the appointed deputy is a
20trustee of the board at the time of the vote. If the appointed
21deputy is a trustee appointed as a temporary deputy, his or her
22trustee compensation shall be suspended until he or she
23concludes his or her appointment as an appointed deputy upon
24the permanent appointment to fill the vacancy. The
25compensation of a temporary deputy shall be determined by the
26appropriate board. The township board shall not appoint a

 

 

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1deputy clerk if the township clerk has appointed a deputy
2clerk under Section 75-45.
3    (d) Except for the temporary appointment of a deputy under
4subsection (c), any person appointed to fill a vacancy under
5this Section shall be a member of the same political party as
6the person vacating the office if the person vacating the
7office was elected as a member of an established political
8party, under Section 10-2 of the Election Code, that is still
9in existence at the time of appointment. The appointee shall
10establish his or her political party affiliation by his or her
11record of voting in party primary elections or by holding or
12having held an office in a political party organization before
13appointment. If the appointee has not voted in a party primary
14election or is not holding or has not held an office in a
15political party organization before the appointment, then the
16appointee shall establish his or her political party
17affiliation by his or her record of participating in a
18political party's nomination or election caucus.
19(Source: P.A. 101-104, eff. 7-19-19.)
 
20    Section 15. The Downstate Forest Preserve District Act is
21amended by changing Sections 3a, 3c, 3d, and 12 as follows:
 
22    (70 ILCS 805/3a)  (from Ch. 96 1/2, par. 6305)
23    Sec. 3a. Except as otherwise provided in this Section, and
24except as provided in Section 3c, 3d, and 3.5, the affairs of

 

 

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1the district shall be managed by a board of commissioners
2consisting of 5 commissioners, who shall be appointed by the
3presiding officer of the county board of the county in which
4such forest preserve district is situated, with the advice and
5consent of such county board. The first appointment shall be
6made within 90 days and not sooner than 60 days after such
7forest preserve district has been organized as provided
8herein. Each member of such board so appointed shall be a legal
9voter in such district. The first commissioners shall be
10appointed to hold office for terms of one, 2, 3, 4, and 5
11years, and until June 30 thereafter, respectively, as
12determined and fixed by lot. Thereafter, successor
13commissioners shall be appointed in the same manner no later
14than the first day of the month in which the term of a
15commissioner expires. Except as provided in Section 3c and 3d,
16a vacancy occurring otherwise than by expiration of term shall
17be filled for the unexpired term by appointment of a
18commissioner by the county board chairman with the advice and
19consent of the members of the county board. In the one district
20in existence on July 1, 1977, that is managed by an appointed
21board of commissioners, the incumbent 5 commissioners shall
22complete their respective terms as originally prescribed in
23this Act. However, upon the expiration of the terms of 2 of the
24incumbent commissioners on January 1, 1978, they or their
25successors shall be appointed to hold office for terms of 3 and
265 years, and until June 30 thereafter, respectively, as

 

 

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1determined and fixed by lot. Furthermore, upon the expiration
2of the terms of the remaining incumbent commissioners on
3January 1, 1980, they or their successors shall be appointed
4to hold office for terms of 2, 4, and 5 years, and until June
530 thereafter, respectively, as determined and fixed by lot.
6Thereafter, each successor commissioner shall be appointed for
7a term of 5 years. Each member of the board before entering
8upon the duties of the his office shall take the oath
9prescribed by the constitution. From the time of the
10appointment of the first board of commissioners, such forest
11preserve district shall be construed in all courts to be a body
12corporate and politic by the name and style determined as
13aforesaid and by such name may sue and be sued, contract and be
14contracted with, acquire and hold real and personal estate
15necessary for its corporate purposes and adopt a seal and
16alter the same at its pleasure.
17    In case the boundaries of a district are co-extensive with
18the boundaries of any county, city, village, incorporated town
19or sanitary district, the corporate authorities of such county
20(until the commissioners elected under Section 3c and 3d take
21office), city, village, incorporated town or sanitary district
22shall have and exercise the powers and privileges and perform
23the duties and functions of the commissioners provided for in
24this Act and in that case no commissioner shall be appointed
25for that district. The corporate authorities, other than
26members of a county board in counties under township

 

 

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1organization having a population of less than 3,000,000 and
2members of a county board in a county not under township
3organization who were elected prior to July 1, 1965, shall act
4without any other pay than that already provided by law. The
5members of a county board of a county under township
6organization and members of a county board of a county not
7under township organization who were elected prior to July 1,
81965, who also act as commissioners of a forest preserve
9district in counties having a population of less than
103,000,000 may receive for their services as commissioners of a
11forest preserve district a per diem fee to be fixed by such
12board, but not to exceed $36 per day, which shall be in full
13for all services rendered on such day, or an annual salary to
14be fixed by such board, but not to exceed $3,000, plus mileage
15expenses at a rate not more than the amount allowed for members
16of the county board of such county, as fixed by the board, for
17each mile necessarily traveled in attending meetings of the
18board of such district, plus any expense incurred while, or in
19connection with, carrying out the business of such district
20outside the boundaries of such district, payable from the
21forest preserve district treasury. The president of the Board
22of Commissioners of the Forest Preserve District in counties
23of less than 3 million may receive in lieu of a per diem fee an
24annual salary to be fixed by such board. No Forest Preserve
25Commissioner shall file for a per diem payment for services
26rendered on the same day for which the commissioner he filed

 

 

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1for a per diem payment as a county supervisor. When the county
2board also acts as such commissioners, a member of the county
3board of a county under township organization and a member of
4the county board of a county not under township organization,
5who is elected prior to July 1, 1965 may, with the permission
6of the county board, work alone as such a commissioner and be
7paid in the usual manner.
8    Unless otherwise qualified, the term "board", when used in
9this Act, means the board of commissioners of any forest
10preserve district, or the corporate authorities of any county,
11city, village, incorporated town, or sanitary district, when
12acting as the governing body of a forest preserve district.
13(Source: P.A. 96-239, eff. 8-11-09.)
 
14    (70 ILCS 805/3c)
15    Sec. 3c. Elected board of commissioners in certain
16counties. If the boundaries of a district are co-extensive
17with the boundaries of a county having a population of more
18than 800,000 but less than 3,000,000, all commissioners of the
19forest preserve district shall be elected from the number of
20districts as determined by the forest preserve district board
21of commissioners. Such a forest preserve district is a
22separate and distinct legal entity, and its board members are
23elected separate and apart from the elected county
24commissioners. Upon its formation, or as a result of decennial
25reapportionment, such a forest preserve district shall adopt a

 

 

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1district map determining the boundary lines of each district.
2That map shall be adjusted and reapportioned subject to the
3same decennial reapportionment process stated in Section 3c-1.
4No more than one commissioner shall be elected from each
5district. At their first meeting after election in 2022 and at
6their first meeting after election next following each
7subsequent decennial reapportionment of the county under
8Section 3c-1, the elected commissioners shall publicly, by
9lot, divide themselves into 2 groups, as equal in size as
10possible. Commissioners from the first group shall serve for
11terms of 2, 4, and 4 years, and commissioners from the second
12group shall serve terms of 4, 4, and 2 years. The president of
13the board of commissioners of the forest preserve district
14shall be elected by the voters of the county, rather than by
15the commissioners. The president shall be a resident of the
16county and shall be elected throughout the county for a 4-year
17term without having been first elected as commissioner of the
18forest preserve district. Each commissioner shall be a
19resident of the forest preserve board district from which the
20commissioner he or she was elected not later than the date of
21the commencement of the term of office. The term of office for
22the president and commissioners elected under this Section
23shall commence on the first Monday of the month following the
24month of election. Neither a commissioner nor the president of
25the board of commissioners of that forest preserve district
26shall serve simultaneously as member or chairman of the county

 

 

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1board. No person shall seek election to both the forest
2preserve commission and the county board at the same election,
3nor shall they be eligible to hold both offices at the same
4time. The president, with the advice and consent of the board
5of commissioners shall appoint a secretary, treasurer, and
6such other officers as deemed necessary by the board of
7commissioners, which officers need not be members of the board
8of commissioners. The president shall have the powers and
9duties as specified in Section 12 of this Act.
10    Candidates for president and commissioner shall be
11candidates of established political parties.
12    If a vacancy in the office of president or commissioner
13occurs, other than by expiration of the president's or
14commissioner's term, the forest preserve district board of
15commissioners shall declare that a vacancy exists and
16notification of the vacancy shall be given to the county
17central committee of each established political party within 3
18business days after the occurrence of the vacancy. If the
19vacancy occurs in the office of forest preserve district
20commissioner, the president of the board of commissioners
21shall, within 60 days after the date of the vacancy, with the
22advice and consent of other commissioners then serving,
23appoint a person to serve for the remainder of the unexpired
24term. The appointee shall be affiliated with the same
25political party as the commissioner in whose office the
26vacancy occurred and be a resident of such district. If a

 

 

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1vacancy in the office of president occurs, other than by
2expiration of the president's term, the remaining members of
3the board of commissioners shall, within 60 days after the
4vacancy, appoint one of the commissioners to serve as
5president for the remainder of the unexpired term. In that
6case, the office of the commissioner who is appointed to serve
7as president shall be deemed vacant and shall be filled within
860 days by appointment of the president with the advice and
9consent of the other forest preserve district commissioners.
10The commissioner who is appointed to fill a vacancy in the
11office of president shall be affiliated with the same
12political party as the person who occupied the office of
13president prior to the vacancy. A person appointed to fill a
14vacancy in the office of president or commissioner shall
15establish the appointee's his or her party affiliation by the
16appointee's his or her record of voting in primary elections
17or by holding or having held an office in an established
18political party organization before the appointment. If the
19appointee has not voted in a party primary election or is not
20holding or has not held an office in an established political
21party organization before the appointment, the appointee shall
22establish the appointee's his or her political party
23affiliation by the appointee's his or her record of
24participating in an established political party's nomination
25or election caucus. If, however, more than 28 months remain in
26the unexpired term of a commissioner or the president, the

 

 

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1appointment shall be until the next general election, at which
2time the vacated office of commissioner or president shall be
3filled by election for the remainder of the term.
4Notwithstanding any law to the contrary, if a vacancy occurs
5after the last day provided in Section 7-12 of the Election
6Code for filing nomination papers for the office of president
7of a forest preserve district where that office is elected as
8provided for in this Section, or as set forth in Section 7-61
9of the Election Code, a vacancy in nomination shall be filled
10by the passage of a resolution by the nominating committee of
11the affected political party within the time periods specified
12in the Election Code. The nominating committee shall consist
13of the chairman of the county central committee and the
14township chairmen of the affected political party. All other
15vacancies in nomination shall be filled in accordance with the
16provisions of the Election Code.
17    The president and commissioners elected under this Section
18may be reimbursed for their reasonable expenses actually
19incurred in performing their official duties under this Act in
20accordance with the provisions of Section 3a. The
21reimbursement paid under this Section shall be paid by the
22forest preserve district.
23    Compensation for the president and the forest preserve
24commissioners elected under this Section shall be established
25by the board of commissioners of the forest preserve district.
26    This Section does not apply to a forest preserve district

 

 

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1created under Section 18.5 of the Conservation District Act.
2(Source: P.A. 102-668, eff. 11-15-21; 103-600, eff. 7-1-24.)
 
3    (70 ILCS 805/3d)
4    Sec. 3d. Elected board of commissioners in certain other
5counties. If the boundaries of a district are co-extensive
6with the boundaries of a county having a population of more
7than 200,000 but less than 800,000, bordering the State of
8Wisconsin but not adjoining any county with a population of
9over 2,000,000, all commissioners of the forest preserve
10district shall be elected at large by the voters of the county,
11beginning with the general election held in 2010 and each
12succeeding general election. Nomination of candidates for the
13office of commissioner at the initial and each succeeding
14election shall be made by petition signed in the aggregate for
15each candidate by not less than 100 qualified voters of the
16forest preserve district. Seven commissioners shall be
17elected, with candidates receiving the highest,
18second-highest, and third-highest number of votes being
19elected for 6-year terms. Candidates receiving the
20fourth-highest and fifth-highest number of votes shall be
21elected for 4-year terms. Candidates receiving the
22sixth-highest and seventh-highest number of votes shall be
23elected for 2-year terms. Thereafter, each commissioner shall
24be elected for a 6-year term.
25    After each general election, the forest preserve district

 

 

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1commissioners shall elect a president from among their members
2for a 2-year term.
3    Each commissioner shall be a resident of the county from
4which the commissioner he or she was elected no later than the
5date of the commencement of the term of office. The term of
6office for the president and commissioners elected under this
7Section shall commence on the first Monday of the month
8following the month of election.
9    Neither a commissioner nor the president of the board of
10commissioners shall serve simultaneously in any other elective
11or appointive office in the county. The president, with the
12advice and consent of the board of commissioners, shall
13appoint a secretary, treasurer, and any other officer deemed
14necessary by the board of commissioners. The officers need not
15be members of the board of commissioners. The president shall
16have the powers and duties as set forth in Section 12 of this
17Act.
18    Candidates for commissioner shall not be candidates of
19established political parties, but shall be non-partisan.
20    If a vacancy in the office of president or commissioner
21occurs, other than by expiration of the president's or a
22commissioner's term, the forest preserve district board of
23commissioners shall declare that a vacancy exists, and the
24board of commissioners shall, within 60 days after the date of
25the vacancy, upon the majority vote of the commissioners then
26serving, elect a person to serve for the remainder of the

 

 

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1unexpired term. If, however, more than 28 months remain in the
2unexpired term of a commissioner, at the time of appointment,
3the appointment shall be until the next general election, at
4which time the vacated office of commissioner shall be filled
5by election for the remainder of the term. All other vacancies
6in nomination shall be filled in accordance with the
7provisions of the Election Code.
8    The president and commissioners elected under this Section
9shall serve without compensation. The president and
10commissioners may be reimbursed for their reasonable expenses
11actually incurred in performing their official duties under
12this Act in accordance with the provisions of Section 3a. The
13cost of reimbursement under this Section shall be paid by the
14forest preserve district.
15    This Section does not apply to a forest preserve district
16created under Section 18.5 of the Conservation District Act.
17(Source: P.A. 96-239, eff. 8-11-09.)
 
18    (70 ILCS 805/12)  (from Ch. 96 1/2, par. 6322)
19    Sec. 12. The president of the board of any district
20organized hereunder, shall preside at all meetings of the
21board, be the executive officer of the district, and be a
22member of the board. The president He shall sign all
23ordinances, resolutions and other papers necessary to be
24signed and shall execute all contracts entered into by the
25district and perform other duties as may be prescribed by

 

 

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1ordinance. The president He may veto any ordinance and any
2orders, resolutions and actions, or any items therein
3contained, of the board which provide for the purchase of real
4estate, or for the construction of improvements within the
5preserves of the district. Such veto shall be filed with the
6secretary of the board within 5 days after the passage of the
7ordinance, order, resolution or action and when so vetoed the
8ordinance, order, resolution or action or any item therein
9contained is not effective unless it is again passed by
10two-thirds vote of all the members of the board. The president
11may vote in the same manner as the other members of the board.
12In the temporary absence or inability of the president, the
13members of the board may elect from their own number a
14president, pro tem.
15    The "Yeas" and "Nays" shall be taken, and entered on the
16journal of the board's proceedings, upon the passage of all
17ordinances and all proposals to create any liability, or for
18the expenditure or appropriation of money. The concurrence of
19a majority of all the members elected or appointed to the board
20is necessary to the passage of any such ordinance or proposal.
21In all other cases the "Yeas" and "Nays" shall be taken at the
22request of any member of the board and shall be entered on the
23journal of the board's proceedings.
24(Source: P.A. 91-933, eff. 12-30-00.)
 
25    Section 20. The Child Labor Law of 2024 is amended by

 

 

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1changing Sections 20 and 35 as follows:
 
2    (820 ILCS 206/20)
3    Sec. 20. Exemptions.
4    (a) Nothing in this Act applies to the work of a minor
5engaged in agricultural pursuits, except that no minor under
612 years of age, except members of the farmer's own family who
7live with the farmer at his principal place of residence, at
8any time shall be employed, allowed, or permitted to work in
9any gainful occupation in connection with agriculture, except
10that any minor of 10 years of age or older shall be permitted
11to work in a gainful occupation in connection with agriculture
12during school vacations or outside of school hours.
13    (b) Nothing in this Act applies to the work of a minor
14engaged in the sale and distribution of magazines and
15newspapers outside of school hours.
16    (c) Nothing in this Act applies a minor's performance of
17household chores or babysitting outside of school hours if
18that work is performed in or about a private residence and not
19in connection with an established business, trade, or
20profession of the person employing, allowing, or permitting
21the minor to perform the activities.
22    (d) Nothing in this Act applies to the work of a minor 13
23years of age or older in caddying at a golf course.
24    (e) Nothing in this Act applies to a minor 14 or 15 years
25of age who is, under the direction of the minor's school,

 

 

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1participating in work-based learning programs in accordance
2with the School Code.
3    (f) Nothing in this Act prohibits an employer from
4employing, allowing, or permitting a minor 12 or 13 years of
5age to work as an officiant or an assistant instructor of youth
6sports activities for a not-for-profit youth club, park
7district, township parks and recreation department, or
8municipal parks and recreation department if the employer
9obtains certification as provided for in Section 55 and:
10        (1) the parent or guardian of the minor who is working
11    as an officiant or an assistant instructor, or an adult
12    designated by the parent or guardian, shall be present at
13    the youth sports activity while the minor is working;
14        (2) the minor may work as an officiant or an assistant
15    instructor for a maximum of 3 hours per day on school days
16    and a maximum of 4 hours per day on non-school days;
17        (3) the minor shall not exceed 10 hours of officiating
18    and working as assistant instructor in any week;
19        (4) the minor shall not work later than 9:00 p.m. on
20    any day of the week; and
21        (5) the participants in the youth sports activity are
22    at least 3 years younger than the minor unless an
23    individual 16 years of age or older is officiating or
24    instructing the same youth sports activity with the minor.
25    The failure to satisfy the requirements of this subsection
26may result in the revocation of the minor's employment

 

 

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1certificate.
2(Source: P.A. 103-721, eff. 1-1-25.)
 
3    (820 ILCS 206/35)
4    Sec. 35. Employer requirements.
5    (a) It shall be unlawful for any person to employ, allow,
6or permit any minor to work unless the minor obtains an
7employment certificate authorizing the minor to work for that
8person. Any person seeking to employ, allow, or permit any
9minor to work shall provide that minor with a notice of
10intention to employ to be submitted by the minor to the minor's
11school issuing officer with the minor's application for an
12employment certificate.
13    (b) Every employer of one or more minors shall maintain,
14on the premises where the work is being done, records that
15include the name, date of birth, and place of residence of
16every minor who works for that employer, notice of intention
17to employ the minor, and the minor's employment certificate.
18Authorized officers and employees of the Department, truant
19officers, and other school officials charged with the
20enforcement of school attendance requirements described in
21Section 26-1 of the School Code may inspect the records
22without notice at any time.
23    (c) Every employer of minors shall ensure that all minors
24are supervised by an adult 21 years of age or older, on site,
25at all times while the minor is working. This requirement does

 

 

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1not apply with respect to: (i) any minor working for a park
2district, a township parks and recreation department, or a
3municipal parks and recreation department who is supervised by
4an adult 18 years of age or older who is an employee of the
5park district, the township parks and recreation department,
6or the municipal parks and recreation department and no
7alcohol or tobacco is being sold on site; or (ii) any minor
8working as an officiant of youth sports activities if an adult
921 years of age or older who is an employee of the park
10district, the township parks and recreation department, or the
11municipal parks and recreation department is on call.
12    (d) No person shall employ, allow, or permit any minor to
13work for more than 5 hours continuously without an interval of
14at least 30 minutes for a meal period. No period of less than
1530 minutes shall be deemed to interrupt a continuous period of
16work.
17    (e) Every employer who employs one or more minors shall
18post in a conspicuous place where minors are employed,
19allowed, or permitted to work, a notice summarizing the
20requirements of this Act, including a list of the occupations
21prohibited to minors and the Department's toll free telephone
22number described in Section 85. An employer with employees who
23do not regularly report to a physical workplace, such as
24employees who work remotely or travel for work, shall also
25provide the summary and notice by email to its employees or
26conspicuous posting on the employer's website or intranet

 

 

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1site, if the site is regularly used by the employer to
2communicate work-related information to employees and is able
3to be regularly accessed by all employees, freely and without
4interference. The notice shall be furnished by the Department.
5    (f) Every employer, during the period of employment of a
6minor and for 3 years thereafter, shall keep on file, at the
7place of employment, a copy of the employment certificate
8issued for the minor. An employment certificate shall be valid
9only for the employer for whom it was issued and a new
10certificate shall not be issued for the employment of a minor
11except on the presentation of a new statement of intention to
12employ the minor. The failure of any employer to produce for
13inspection the employment certificate for each minor in the
14employer's establishment shall be a violation of this Act. The
15Department may specify any other record keeping requirements
16by rule.
17    (g) In the event of the work-related death of a minor
18engaged in work subject to this Act, the employer shall,
19within 24 hours, report the death to the Department and to the
20school official who issued the minor's work certificate for
21that employer. In the event of a work-related injury or
22illness of a minor that requires the employer to file a report
23with the Illinois Workers' Compensation Commission under
24Section 6 of the Workers' Compensation Act or Section 6 of the
25Workers' Occupational Diseases Act, the employer shall submit
26a copy of the report to the Department and to the school

 

 

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1official who issued the minor's work certificate for that
2employer within 72 hours of the deadline by which the employer
3must file the report to the Illinois Workers' Compensation
4Commission. The report shall be subject to the confidentiality
5provisions of Section 6 of the Workers' Compensation Act or
6Section 6 of the Workers' Occupational Diseases Act.
7(Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".