PRINTER'S NO. 1115
No. 974 Session of 2001
INTRODUCED BY C. WILLIAMS, BELARDI, CRUZ, FRANKEL, HASAY,
JOSEPHS, MANDERINO, PISTELLA, STABACK, TIGUE, WALKO, WATERS,
J. WILLIAMS, TRELLO AND ROONEY, MARCH 14, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 14, 2001
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 providing for youth peddling.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 1 of the act of May 13, 1915 (P.L.286,
27 No.177), known as the Child Labor Law, is amended by adding a
28 definition to read:
1 Section 1. Be it enacted, &c., That wherever the term
2 "establishment" is used in this act, it shall mean any place
3 within this Commonwealth where work is done for compensation of
4 any kind, to whomever payable: Provided, That this act shall not
5 apply to children employed on the farm, or in domestic service
6 in private homes.
7 * * *
8 The term "youth peddling," when used in this act, shall mean
9 the selling of goods or services by minors to customers at their
10 residences, places of business or public places including, but
11 not limited to, street corners, roadway medians, sports and
12 performing arts facilities, public transportation stations,
13 sales from vehicles or the placement of advertisements or
14 literature outside of fixed retail locations. The term shall not
15 include minors who sell products, goods or services as
16 volunteers without compensation on behalf of nonprofit
17 organizations including, but not limited to, organizations that
18 qualify as nonprofit under section 501(c) of the Internal
19 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.)
20 and that meet the registration requirements established by
21 regulations of the Commonwealth, minors engaged in the delivery
22 of newspapers to consumers at their residence or place of
23 business or minors employed at fixed retail locations in
24 compliance with the provisions of the Fair Labor Standards Act
25 of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).
26 Section 2. The act is amended by adding a section to read:
27 Section 5.2. No minor under sixteen years of age shall be
28 employed or permitted to conduct youth peddling. Provided, that
29 minors under sixteen years of age may be employed or permitted
30 to conduct youth peddling in such circumstances and under such
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1 conditions as may be specified by rule or regulation of the
2 Department of Labor and Industry.
3 Section 3. This act shall take effect in 60 days.
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