PRIOR PRINTER'S NOS. 3372, 3480 PRINTER'S NO. 3889
No. 2502 Session of 1988
INTRODUCED BY COHEN, BELFANTI, PRESSMANN, CARN, KASUNIC, FREEMAN, KOSINSKI, HUGHES, HOWLETT, DeLUCA, LEVDANSKY, JACKSON AND MERRY, MAY 24, 1988
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 15, 1988
AN ACT 1 Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as 2 amended, "An act to provide for the health, safety, and 3 welfare of minors: By forbidding their employment or work in 4 certain establishments and occupations, and under certain 5 specified ages; by restricting their hours of labor, and 6 regulating certain conditions of their employment; by 7 requiring employment certificates or transferable work 8 permits for certain minors, and prescribing the kinds 9 thereof, and the rules for the issuance, reissuance, filing, 10 return, and recording of the same; by providing that the 11 Industrial Board shall, under certain conditions, determine 12 and declare whether certain occupations are within the 13 prohibitions of this act; requiring certain abstracts and 14 notices to be posted; providing for the enforcement of this 15 act by the Secretary of Labor and Industry, the 16 representative of school districts, and police officers; and 17 defining the procedure in prosecutions thereunder, and 18 establishing certain presumptions in relation thereto; 19 providing for the issuance of special permits for minors 20 engaging in the entertainment and related fields; providing 21 penalties for the violation of the provisions thereof; and 22 repealing all acts or parts of acts inconsistent therewith," 23 further providing FOR THE ISSUANCE OF EMPLOYMENT CERTIFICATES <-- 24 AND for special permits for temporary employment of minors; 25 and further providing for penalties. 26 The General Assembly of the Commonwealth of Pennsylvania 27 hereby enacts as follows: 28 SECTION 1. SECTION 1 OF THE ACT OF MAY 13, 1915 (P.L.286, <--
1 NO.177), KNOWN AS THE CHILD LABOR LAW, AMENDED SEPTEMBER 27, 2 1984 (P.L.714, NO.152), IS AMENDED TO READ: 3 SECTION 1. BE IT ENACTED, &C., THAT WHEREVER THE TERM 4 "ESTABLISHMENT" IS USED IN THIS ACT, IT SHALL MEAN ANY PLACE 5 WITHIN THIS COMMONWEALTH WHERE WORK IS DONE FOR COMPENSATION OF 6 ANY KIND, TO WHOMEVER PAYABLE: PROVIDED, THAT THIS ACT SHALL NOT 7 APPLY TO CHILDREN EMPLOYED ON THE FARM, OR IN DOMESTIC SERVICE 8 IN PRIVATE HOMES. 9 THE TERM "PERSON," WHEN USED IN THIS ACT, SHALL BE CONSTRUED 10 TO INCLUDE ANY INDIVIDUAL, FIRM, PARTNERSHIP, UNINCORPORATED 11 ASSOCIATION, CORPORATION, OR MUNICIPALITY. 12 THE TERM "WEEK," WHEN USED IN THIS ACT, SHALL MEAN SEVEN 13 CONSECUTIVE DAYS WHICH MAY BEGIN ON ANY DAY OF A WEEK. 14 THE TERM "MINOR," WHEN USED IN THIS ACT, SHALL MEAN ANY 15 PERSON UNDER EIGHTEEN YEARS OF AGE. WHEREVER THE SINGULAR IS 16 USED IN THIS ACT THE PLURAL SHALL BE INCLUDED, AND WHEREVER THE 17 MASCULINE GENDER IS USED THE FEMININE AND NEUTER SHALL BE 18 INCLUDED. 19 [THE TERM "TRANSFERABLE WORK PERMIT," WHEN USED IN THIS ACT, 20 SHALL MEAN A CERTIFICATE ISSUED TO MINORS AT LEAST SIXTEEN YEARS 21 OF AGE PERMITTING THAT MINOR TO WORK DURING THE ENTIRE PERIOD 22 AND WHICH SHALL BE TRANSFERABLE FROM ONE EMPLOYER TO ANOTHER 23 THROUGHOUT THE PERIOD FOR WHICH THE INDIVIDUAL IS CONSIDERED A 24 MINOR.] 25 Section 1 2. Section 7.1(a.1) of the act of May 13, 1915 <-- 26 (P.L.286, No.177), known as the Child Labor Law, added June 7, 27 1980 (P.L.211, No.62), is amended to read: 28 Section 7.1. * * * 29 (a.1) In addition to any permit authorized by subsection 30 (a), the department shall be authorized to issue special permits 19880H2502B3889 - 2 -
1 for the temporary employment of minors[, age seven and under age 2 eighteen,] as part of the performing cast in the production of a 3 motion picture, if the department determines that adequate 4 provision has been made for the educational instruction, 5 supervision, health and welfare of the minor. Unless the 6 department determines that more restrictive conditions are 7 necessary, special permits authorized by this subsection shall 8 authorize minors[, age seven and under age eighteen,] to work as 9 part of the performing cast for forty-four hours in any one week 10 and eight hours in any one day. Time spent on the set or on 11 location while on call shall be excluded from any calculation of 12 the maximum number of hours authorized by this subsection if the 13 department determines that adequate provision has been made for 14 the child's education, supervision and welfare during such 15 intervals. The department may restrict the number of hours which 16 may be spent on call by the minor. The department may waive, in 17 whole or in part, restrictions contained in this act and in any 18 other act, on the time of day or night allowed for engaging in 19 the employment authorized by this subsection, if the department 20 determines that such waiver is necessary to preserve the 21 artistic integrity of the motion picture and further determines 22 that such waiver will not impair the educational instruction, 23 supervision, health and welfare of the minor. Special permits 24 authorized by this subsection shall be valid for a period of 25 time not to exceed six months. An issued permit shall state that 26 no minor, allowed under the permit to be temporarily employed, 27 may be allowed on a set during, or may otherwise watch, the 28 filming or rehearsal for filming of any sexual act. Nothing in 29 this section shall be construed to supersede or repeal in part 30 18 Pa.C.S. § 5903 (relating to obscene and other sexual 19880H2502B3889 - 3 -
1 materials) or 6312 (relating to sexual abuse of children). 2 * * * 3 SECTION 3. SECTIONS 8, 9, 10, 12 AND 14 OF THE ACT, AMENDED <-- 4 SEPTEMBER 27, 1984 (P.L.714, NO.152), ARE AMENDED TO READ: 5 SECTION 8. (A) BEFORE ANY MINOR UNDER EIGHTEEN YEARS OF AGE 6 SHALL BE EMPLOYED, PERMITTED OR SUFFERED TO WORK IN, ABOUT, OR 7 IN CONNECTION WITH, ANY ESTABLISHMENT, OR IN ANY OCCUPATION, THE 8 PERSON EMPLOYING SUCH MINOR SHALL PROCURE AND KEEP ON FILE, AND 9 ACCESSIBLE TO ANY ATTENDANCE OFFICER, DEPUTY FACTORY INSPECTOR, 10 OR OTHER AUTHORIZED INSPECTOR OR OFFICER CHARGED WITH THE 11 ENFORCEMENT OF THIS ACT, AN EMPLOYMENT CERTIFICATE [OR 12 TRANSFERABLE WORK PERMIT] AS HEREINAFTER PROVIDED, ISSUED FOR 13 SAID MINOR. 14 (B) ANY MINOR WHO HAS REACHED THE AGE OF SIXTEEN MAY RECEIVE 15 A TRANSFERABLE WORK PERMIT INSTEAD OF AN EMPLOYMENT CERTIFICATE 16 FROM THE APPROPRIATE ISSUING OFFICIAL. ALL TRANSFERABLE WORK 17 PERMITS SHALL BE VALID FOR THE ENTIRE PERIOD THE MINOR IS 18 ELIGIBLE FOR WORK AND IS UNDER THE AGE OF EIGHTEEN. THE EMPLOYER 19 SHALL ENSURE THAT THE MINORS HAVE VALID TRANSFERABLE WORK 20 PERMITS IN ACCORDANCE WITH SECTIONS 17 AND 17.1. 21 SECTION 9. EMPLOYMENT CERTIFICATES [OR TRANSFERABLE WORK 22 PERMITS] SHALL BE ISSUED ONLY BY THE FOLLOWING OFFICIALS, FOR 23 CHILDREN RESIDING WITHIN THEIR RESPECTIVE PUBLIC SCHOOL 24 DISTRICTS: IN PUBLIC SCHOOL DISTRICTS HAVING A DISTRICT 25 SUPERINTENDENT OR SUPERVISING PRINCIPAL, BY SUCH SUPERINTENDENT 26 OR SUPERVISING PRINCIPAL; IN SCHOOL DISTRICTS HAVING NO DISTRICT 27 SUPERINTENDENT OR SUPERVISING PRINCIPAL, BY THE SECRETARY OF THE 28 BOARD OF SCHOOL DIRECTORS OF THAT DISTRICT: PROVIDED, THAT ANY 29 DISTRICT SUPERINTENDENT, SUPERVISING PRINCIPAL, OR SECRETARY OF 30 THE BOARD OF SCHOOL DIRECTORS, HEREBY AUTHORIZED TO ISSUE SUCH 19880H2502B3889 - 4 -
1 CERTIFICATES OR TRANSFERABLE WORK PERMITS, MAY AUTHORIZE AND 2 DEPUTIZE, IN WRITING, ANY OTHER SCHOOL OFFICIAL TO ACT IN HIS 3 STEAD FOR THE PURPOSE OF ISSUING SUCH CERTIFICATES [OR 4 TRANSFERABLE WORK PERMITS. ALL EMPLOYMENT CERTIFICATES OR 5 TRANSFERABLE WORK PERMITS SHALL BE FORWARDED BY MAIL, BY THE 6 ISSUING OFFICER, TO THE PROSPECTIVE EMPLOYER OF THE MINOR FOR 7 WHOM THE EMPLOYMENT CERTIFICATE OR TRANSFERABLE WORK PERMIT IS 8 ISSUED]. 9 SECTION 10. APPLICATION FOR THE EMPLOYMENT CERTIFICATE [OR 10 TRANSFERABLE WORK PERMIT] MUST BE MADE[, IN PERSON,] BY THE 11 PARENT, GUARDIAN, OR LEGAL CUSTODIAN OF THE MINOR FOR WHOM SUCH 12 EMPLOYMENT CERTIFICATE OR TRANSFERABLE WORK PERMIT IS REQUESTED; 13 OR, IF SAID MINOR HAVE NO PARENT, GUARDIAN, OR LEGAL CUSTODIAN, 14 THEN BY THE NEXT FRIEND, WHO MUST BE OVER EIGHTEEN YEARS OF AGE. 15 [A PROPERLY COUNTERSIGNED APPLICATION SHALL BE ACCEPTABLE IN 16 LIEU OF PERSONAL APPLICATION OF PARENT, GUARDIAN OR CUSTODIAN 17 FOR MINORS WHO HAVE GRADUATED FROM ACCREDITED SENIOR HIGH 18 SCHOOLS AND SHOW OFFICIAL PROOF OF SUCH GRADUATION.] IN LIEU OF 19 THE PERSONAL APPEARANCE OF THE PARENT, GUARDIAN, LEGAL 20 CUSTODIAN, OR NEXT FRIEND OF THE MINOR, SUCH PERSON MAY EXECUTE 21 A STATEMENT BEFORE A NOTARY PUBLIC OR OTHER PERSON AUTHORIZED TO 22 ADMINISTER OATHS ATTESTING TO THE ACCURACY OF THE FACTS SET 23 FORTH IN THE APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT 24 OF EDUCATION, WHICH STATEMENT SHALL BE ATTACHED TO THE 25 APPLICATION. NO EMPLOYMENT CERTIFICATE [OR TRANSFERABLE WORK 26 PERMIT] SHALL BE ISSUED UNTIL THE SAID MINOR HAS PERSONALLY 27 APPEARED BEFORE, AND BEEN EXAMINED BY, THE OFFICER ISSUING THE 28 CERTIFICATE [OR TRANSFERABLE WORK PERMIT], EXCEPT THAT WHERE THE 29 APPLICANT IS A GRADUATE OF [A HIGH SCHOOL, NO PERSONAL 30 APPEARANCE OF THE PARENT, GUARDIAN OR LEGAL CUSTODIAN OR NEXT 19880H2502B3889 - 5 -
1 FRIEND OF THE MINOR SHALL BE REQUIRED UPON OFFICIAL PROOF OF 2 SUCH GRADUATION] AN ACCREDITED HIGH SCHOOL AND EXHIBITS OFFICIAL 3 PROOF OF SUCH GRADUATION, NO PERSONAL APPEARANCE OR 4 COUNTERSIGNED APPLICATION SHALL BE REQUIRED. 5 SECTION 12. THE OFFICIAL AUTHORIZED TO ISSUE A GENERAL OR A 6 VACATION EMPLOYMENT CERTIFICATE OR TRANSFERABLE WORK PERMIT 7 SHALL NOT ISSUE SUCH CERTIFICATE OR TRANSFERABLE WORK PERMIT 8 UNTIL HE HAS RECEIVED, EXAMINED, APPROVED, AND FILED THE 9 FOLLOWING PAPERS, NAMELY:-- 10 A. [A] FOR A GENERAL EMPLOYMENT CERTIFICATE OR VACATION 11 EMPLOYMENT CERTIFICATE, A STATEMENT SIGNED BY THE PROSPECTIVE 12 EMPLOYER, OR BY SOME ONE DULY AUTHORIZED ON HIS BEHALF, STATING 13 THAT HE EXPECTS TO GIVE SUCH MINOR PRESENT EMPLOYMENT, AND 14 SETTING FORTH THE CHARACTER OF THE SAME, AND THE NUMBER OF HOURS 15 PER DAY AND PER WEEK WHICH SAID MINOR WILL BE EMPLOYED: 16 PROVIDED, THAT THE REQUIREMENTS OF THIS SUBSECTION ARE NOT 17 APPLICABLE TO TRANSFERABLE WORK PERMITS; 18 B. A CERTIFICATE OF PHYSICAL FITNESS, AS HEREINAFTER 19 PROVIDED; 20 C. PROOF OF AGE AS HEREINAFTER PROVIDED, EXCEPT THAT WHEN 21 SUCH PROOF OF AGE IS AN OFFICIAL DOCUMENT OR RECORD OF THE 22 COMMONWEALTH OR GOVERNMENT OF ANOTHER STATE OR GOVERNMENTAL 23 SUBDIVISION THEREOF, IT NEED NOT BE FILED IF THE OFFICER ISSUING 24 THE CERTIFICATE OR TRANSFERABLE WORK PERMIT SHALL RECORD SUCH 25 INFORMATION AS MAY BE NECESSARY TO ENABLE THE DOCUMENT OR RECORD 26 TO BE LOCATED AT THE PLACE WHERE IT IS FILED. WHEN PROOF OF AGE 27 IS OTHER THAN AN OFFICIAL DOCUMENT OR RECORD OF THE COMMONWEALTH 28 OR GOVERNMENT OF ANOTHER STATE OR GOVERNMENTAL SUBDIVISION 29 THEREOF, A PHOTOSTATIC COPY THEREOF MAY BE FILED IN LIEU OF THE 30 ORIGINAL: PROVIDED, HOWEVER, THAT SUCH PHOTOSTATIC COPY SHALL BE 19880H2502B3889 - 6 -
1 CERTIFIED TO BY THE OFFICER ISSUING THE EMPLOYMENT CERTIFICATE 2 OR TRANSFERABLE WORK PERMIT. 3 SECTION 14. THE CERTIFICATE OF PHYSICAL FITNESS REQUIRED BY 4 THIS ACT SHALL STATE THAT THE MINOR HAS BEEN THOROUGHLY EXAMINED 5 BY THE SAID EXAMINING PHYSICIAN, CERTIFIED NURSE PRACTITIONER, 6 OR CERTIFIED REGISTERED NURSE PRACTITIONER AT THE TIME OF THE 7 APPLICATION FOR AN EMPLOYMENT CERTIFICATE OR [TRANSFERABLE WORK 8 PERMIT] WITHIN THE PREVIOUS THREE HUNDRED SIXTY-FIVE DAYS, AND 9 IS PHYSICALLY QUALIFIED FOR [THE] EMPLOYMENT [SPECIFIED IN THE 10 STATEMENT OF THE PROSPECTIVE EMPLOYER] SUBJECT ONLY TO ANY 11 LIMITATIONS ON DUTIES AS MAY BE SPECIFIED BY THE EXAMINER ON THE 12 CERTIFICATE. IN ANY CASE WHERE THE SAID PHYSICIAN, CERTIFIED 13 NURSE PRACTITIONER, OR CERTIFIED REGISTERED NURSE PRACTITIONER 14 SHALL DEEM IT ADVISABLE, HE MAY ISSUE A CERTIFICATE OF PHYSICAL 15 FITNESS FOR A LIMITED TIME; AT THE EXPIRATION OF WHICH TIME THE 16 HOLDER SHALL AGAIN APPEAR, AND SUBMIT TO A NEW EXAMINATION 17 BEFORE BEING PERMITTED TO CONTINUE AT WORK. EXCEPT AS 18 HEREINAFTER PROVIDED, IN A SCHOOL DISTRICT OF THE FIRST, SECOND, 19 OR THIRD CLASS THE PHYSICAL EXAMINATION OF A MINOR PROVIDED FOR 20 BY THIS ACT SHALL BE MADE BY A PHYSICIAN, CERTIFIED NURSE 21 PRACTITIONER, OR CERTIFIED REGISTERED NURSE PRACTITIONER 22 EMPLOYED BY THE BOARD OF SCHOOL DIRECTORS OF THE SCHOOL DISTRICT 23 IN WHICH SUCH MINOR RESIDES, AND IN A DISTRICT OF THE FOURTH 24 CLASS BY A PHYSICIAN, CERTIFIED NURSE PRACTITIONER, OR CERTIFIED 25 REGISTERED NURSE PRACTITIONER APPOINTED BY THE STATE DEPARTMENT 26 OF HEALTH AND THE CERTIFICATE OF PHYSICAL FITNESS PROVIDED FOR 27 BY THIS ACT SHALL BE SIGNED BY SAID PHYSICIAN, CERTIFIED NURSE 28 PRACTITIONER, OR CERTIFIED REGISTERED NURSE PRACTITIONER, AND NO 29 FEE OR OTHER COMPENSATION FOR SUCH SERVICE SHALL BE REQUIRED TO 30 BE PAID BY SUCH MINOR OR BY HIS PARENT OR GUARDIAN: PROVIDED, 19880H2502B3889 - 7 -
1 HOWEVER, THAT ANY MINOR MAY, AT HIS OWN EXPENSE, HAVE THE 2 PHYSICAL EXAMINATION PROVIDED FOR BY THIS ACT MADE AND THE 3 CERTIFICATE OF PHYSICAL FITNESS SIGNED BY HIS FAMILY PHYSICIAN, 4 AS DEFINED IN SECTION 1401 OF THE PUBLIC SCHOOL CODE OF 1949, 5 AND ITS AMENDMENTS. ANY PHYSICAL EXAMINATION REQUIRED BY THIS 6 ACT TO BE ACCOMPLISHED AS A CONDITION OF EMPLOYMENT WHICH WOULD 7 BE EQUAL TO OR MORE COMPREHENSIVE THAN THE STANDARD EXAMINATION 8 GIVEN BY THE SCHOOL PHYSICIAN, CERTIFIED NURSE PRACTITIONER, OR 9 CERTIFIED REGISTERED NURSE PRACTITIONER OR FAMILY PHYSICIAN WILL 10 BE DEEMED TO MEET THE REQUIREMENTS OF THIS SECTION, AND THE 11 CERTIFICATE OF PHYSICAL FITNESS MAY BE SIGNED BY THE PHYSICIAN 12 DESIGNATED BY THE PROSPECTIVE EMPLOYER TO PERFORM SUCH 13 EXAMINATION. FOR THE PURPOSES OF THIS SECTION, "CERTIFIED NURSE 14 PRACTITIONER" SHALL MEAN A CERTIFIED SCHOOL NURSE WHO IS A 15 GRADUATE OF A NURSE PRACTITIONER PROGRAM WHICH HAS BEEN APPROVED 16 BY THE DEPARTMENT OF HEALTH SCHOOL NURSE ADVISORY COMMITTEE, OR 17 A CERTIFIED REGISTERED NURSE PRACTITIONER WHO HAS BEEN APPROVED 18 BY THE STATE BOARD OF NURSE EXAMINERS OF THE DEPARTMENT OF 19 STATE. 20 SECTION 4. SECTION 17 OF THE ACT, AMENDED APRIL 18, 1978 21 (P.L.58, NO.28), IS AMENDED TO READ: 22 SECTION 17. (A) ALL EMPLOYERS SHALL REQUIRE THE MINOR TO 23 HAVE A VALID EMPLOYMENT CERTIFICATE OR TRANSFERABLE WORK PERMIT 24 PRIOR TO THE COMMENCEMENT OF EMPLOYMENT. A TRANSFERABLE WORK 25 PERMIT SHALL REMAIN IN THE CUSTODY OF THE MINOR. 26 (B) IT SHALL BE THE DUTY OF EVERY PERSON WHO SHALL EMPLOY 27 ANY MINOR [UNDER EIGHTEEN YEARS OF AGE] POSSESSING A GENERAL OR 28 VACATION EMPLOYMENT CERTIFICATE TO ACKNOWLEDGE, IN WRITING, TO 29 THE OFFICIAL ISSUING THE SAME, THE RECEIPT OF THE EMPLOYMENT 30 CERTIFICATE OF SAID MINOR, WITHIN FIVE DAYS AFTER THE BEGINNING 19880H2502B3889 - 8 -
1 OF SUCH EMPLOYMENT. ON TERMINATION OF THE EMPLOYMENT OF [A] ANY 2 SUCH MINOR [UNDER EIGHTEEN YEARS OF AGE], THE GENERAL EMPLOYMENT 3 CERTIFICATE OR VACATION EMPLOYMENT CERTIFICATE ISSUED FOR SUCH 4 MINOR SHALL BE RETURNED BY MAIL, BY THE EMPLOYER, TO THE 5 OFFICIAL ISSUING THE SAME, IMMEDIATELY UPON DEMAND OF THE MINOR 6 FOR WHOM THE CERTIFICATE WAS ISSUED, OR OTHERWISE, WITHIN FIVE 7 DAYS AFTER TERMINATION OF SAID EMPLOYMENT. THE OFFICIAL TO WHOM 8 SAID CERTIFICATE IS SO RETURNED SHALL FILE SAID CERTIFICATE AND 9 PRESERVE THE SAME. ANY MINOR WHOSE EMPLOYMENT CERTIFICATE HAS 10 BEEN RETURNED, AS ABOVE PROVIDED, SHALL BE ENTITLED TO A NEW 11 EMPLOYMENT CERTIFICATE UPON PRESENTATION OF A STATEMENT FROM THE 12 PROSPECTIVE EMPLOYER, AS HEREINABOVE PROVIDED. 13 SECTION 5. SECTIONS 17.1 AND 18 OF THE ACT, AMENDED OR ADDED 14 SEPTEMBER 27, 1984 (P.L.714, NO.152), ARE AMENDED TO READ: 15 SECTION 17.1. (A) ANY EMPLOYER [RECEIVING A TRANSFERABLE 16 WORK PERMIT FROM A MINOR HE EMPLOYS,] EMPLOYING A MINOR HAVING A 17 TRANSFERABLE WORK PERMIT SHALL, WITHIN FIVE DAYS OF [RECEIPT OF 18 SUCH PERMIT] COMMENCEMENT OF SUCH EMPLOYMENT, PROVIDE THE SCHOOL 19 DISTRICT ISSUING THAT PERMIT WITH THE FOLLOWING INFORMATION IN 20 WRITING: 21 (1) THE PERMIT NUMBER. 22 [(1)] (2) THE NAME AND AGE OF THE MINOR EMPLOYE HIRED. 23 [(2)] (3) THE NUMBER OF HOURS PER DAY AND WEEK SUCH MINOR 24 EMPLOYE WILL BE EMPLOYED. 25 [(3)] (4) THE CHARACTER OF THE EMPLOYMENT. 26 (B) AN EMPLOYER EMPLOYING MINORS HAVING TRANSFERABLE WORK 27 PERMITS SHALL MAINTAIN A RECORD OF MINORS AT THE WORK SITE WHICH 28 CONTAINS, FOR EACH MINOR, THE NAME OF SCHOOL DISTRICT ISSUING 29 THE PERMIT, THE MINOR'S BIRTHDATE, THE DATE OF ISSUE OF THE 30 PERMIT, THE PERMIT NUMBER, AND THE OCCUPATION IN WHICH THE MINOR 19880H2502B3889 - 9 -
1 IS ENGAGED. A PHOTOCOPY OF THE TRANSFERABLE WORK PERMIT MAY BE 2 USED AS A RECORD FOR THE INFORMATION CONTAINED ON THAT PERMIT: 3 PROVIDED, HOWEVER, THAT THE EMPLOYER RECORD THE OCCUPATION IN 4 WHICH THE MINOR IS ENGAGED ON SUCH PHOTOCOPY. 5 (C) IN ADDITION, UPON TERMINATION OF THE EMPLOYMENT OF SUCH 6 MINOR, [THE TRANSFERABLE WORK PERMIT SHALL BE RETURNED TO THE 7 MINOR FOR WHOM IT WAS ISSUED AND, FURTHER,] THE EMPLOYER SHALL, 8 WITHIN FIVE DAYS, NOTIFY IN WRITING THE ISSUING SCHOOL DISTRICT 9 OF THE FACT EMPLOYMENT HAS BEEN TERMINATED. 10 (D) THE SCHOOL DISTRICT SHALL MAINTAIN FOR TWO YEARS THE 11 RECORDS REQUIRED TO BE FILED BY EMPLOYERS UNDER SUBSECTION (A). 12 SECTION 18. (A) ALL EMPLOYMENT CERTIFICATES SHALL BE ISSUED 13 ON FORMS SUPPLIED BY THE SECRETARY OF EDUCATION, AND SHALL 14 CONTAIN THE [NAME AND ADDRESS OF THE PROSPECTIVE EMPLOYER, AND 15 THE NATURE OF THE OCCUPATION IN WHICH SAID MINOR IS EXPECTED TO 16 ENGAGE; AND NO CERTIFICATE SHALL BE VALID EXCEPTING IN THE HANDS 17 OF THE EMPLOYER SO NAMED, AND FOR THE OCCUPATIONS SO DESIGNATED; 18 AND SHALL STATE THE] NAME, SEX, DATE, AND PLACE OF BIRTH, PLACE 19 OF RESIDENCE, COLOR OF HAIR AND EYES, AND ANY DISTINGUISHING 20 PHYSICAL CHARACTERISTICS OR PHYSICAL LIMITATIONS OF THE MINOR 21 FOR WHOM IT SHALL BE ISSUED. IT SHALL CERTIFY THAT THE MINOR 22 NAMED HAS PERSONALLY APPEARED BEFORE THE ISSUING OFFICER, AND 23 HAS BEEN EXAMINED; AND THAT ALL THE PAPERS REQUIRED BY LAW HAVE 24 BEEN DULY EXAMINED, APPROVED AND FILED; AND THAT ALL THE 25 CONDITIONS AND REQUIREMENTS FOR ISSUING AN EMPLOYMENT 26 CERTIFICATE HAVE BEEN FULFILLED. EVERY CERTIFICATE SHALL BE 27 SIGNED, IN THE PRESENCE OF THE ISSUING OFFICER, BY THE MINOR FOR 28 WHOM IT SHALL BE ISSUED. THE CERTIFICATE SHALL BEAR A NUMBER, 29 SHALL SHOW THE DATE OF ITS ISSUE, AND SHALL BE SIGNED BY THE 30 ISSUING OFFICER. VACATION EMPLOYMENT CERTIFICATES SHALL BE OF A 19880H2502B3889 - 10 -
1 COLOR DIFFERENT FROM THE GENERAL EMPLOYMENT CERTIFICATES, AND 2 SHALL BEAR ACROSS THEIR FACE THE LEGEND "VACATION EMPLOYMENT 3 CERTIFICATE." 4 (B) ALL TRANSFERABLE WORK PERMITS SHALL BE ISSUED ON WALLET 5 SIZED FORMS SUPPLIED BY THE SECRETARY OF EDUCATION AND SHALL 6 STATE THE NAME, SEX, DATE AND PLACE OF BIRTH, PLACE OF 7 RESIDENCE, COLOR OF HAIR AND EYES, AND ANY DISTINGUISHING 8 PHYSICAL CHARACTERISTICS OR PHYSICAL LIMITATIONS OF THE MINOR 9 FOR WHOM IT SHALL BE ISSUED. IT SHALL CERTIFY THAT THE MINOR 10 NAMED HAS PERSONALLY APPEARED BEFORE THE ISSUING OFFICER AND HAS 11 BEEN EXAMINED; AND THAT ALL THE PAPERS REQUIRED BY LAW HAVE BEEN 12 DULY EXAMINED, APPROVED AND FILED; AND THAT ALL THE CONDITIONS 13 AND REQUIREMENTS FOR ISSUING A TRANSFERABLE WORK PERMIT HAVE 14 BEEN FULFILLED. EVERY TRANSFERABLE WORK PERMIT SHALL BE SIGNED, 15 IN THE PRESENCE OF THE ISSUING OFFICER, BY THE MINOR FOR WHOM IT 16 SHALL BE ISSUED. THE TRANSFERABLE WORK PERMIT SHALL BEAR A 17 NUMBER, SHALL SHOW THE DATE OF ITS ISSUE AND SHALL BE SIGNED BY 18 THE ISSUING OFFICER. TRANSFERABLE WORK PERMITS SHALL BE OF A 19 COLOR DIFFERENT FROM GENERAL AND VACATION EMPLOYMENT 20 CERTIFICATES AND SHALL BEAR ACROSS THEIR FACE THE LEGEND 21 "TRANSFERABLE WORK PERMIT." 22 Section 2 6. Section 23 of the act, amended August 23, 1961 <-- 23 (P.L.1107, No.494), is amended to read: 24 Section 23. Any person, or any agent or manager for any 25 person, who shall violate any of the provisions of this act, or 26 who shall compel or permit any minor to violate any of the 27 provisions of this act, or who shall hinder or delay any officer 28 in the performance of his duty in the enforcement of this act, 29 shall, upon conviction thereof, be sentenced to pay a fine, for 30 a first offense, of not less than [fifty ($50.00) dollars] one 19880H2502B3889 - 11 -
1 hundred ($100.00) dollars nor more than [two hundred ($200.00) 2 dollars] three hundred ($300.000) dollars, and, on a subsequent 3 offense, to pay a fine of not less than [one hundred ($100.00) 4 dollars] two hundred fifty ($250.00) dollars nor more than 5 [three hundred ($300.00) dollars] one thousand ($1,000.00) 6 dollars, or to undergo an imprisonment of not more than ten 7 days, or both, at the discretion of the court. 8 Section 3 7. This act shall take effect in 60 days. <-- E10L43MRD/19880H2502B3889 - 12 -