PRIOR PRINTER'S NOS. 3372, 3480               PRINTER'S NO. 3889

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.           <--















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