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| Georgia General Assembly |
HBill.html
01 LC 21 6037
House Bill 13
By: Representatives
Franklin of the 39th, Coan of the 82nd and Joyce of the
1st
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 2 of Title 39 of the Official Code of
Georgia Annotated, relating to the regulation of the employment of minors, so as
to delete certain provisions requiring the issuance of employment certificates
as a condition of employment for minors; to provide that minors between the ages
of 12 and 16 years shall have the written permission of parents or guardians
before employment and shall submit proof of age; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 39 of the Official Code of Georgia
Annotated, relating to the regulation of the employment of minors, is amended by
striking in its entirety Code Section 39_2_11, relating to requirements for the
issuance of employment certificates, and inserting in lieu thereof the
following:
"39_2_11.
(a)
No minor between the ages of 12 and 16 years shall be employed by or permitted
to work for any person, firm, or corporation unless a certificate,
showing the true age of such minor and that such minor is not less than 12 years
of age and is physically fit to engage in the employment sought to be obtained,
shall be issued by the school superintendent or by some member of his staff
authorized by him in writing, in the county or city where the minor resides or,
if a student at a licensed private school, by the principal administrative
officer thereof or by some member of his staff authorized by him in writing. A
certificate shall also be required for employment of minors between the ages of
16 and 18.
(b) The certificate
provided for in subsection (a) of this Code section must show that the minor is
16 years of age to qualify such minor to work between the hours of 9:00 P.M. and
6:00 A.M. and to be employed in any of the occupations covered by Code Section
39_2_2.
(c) No employment certificate
shall be issued to any minor until he shall have submitted to the issuing
officer:
(1) A certified copy of a
birth certificate or birth registration card;
and
(2) A statement from the
prospective employer indicating that if he were furnished with a certificate
from the school superintendent as required by law, he could employ the minor
immediately and describing the type of employment offered. It shall be
understood that the prospective employer, by furnishing such statement, does not
undertake to employ the minor for any specific period of
time.
(d) A like certificate, a copy
of which shall be made a part of the minor´s school file, shall be issued
in cases of all minors between the ages of 16 and 18. The certificate must show
that the minor is fully 16 years of age in order to qualify the minor to work
between the hours of 9:00 P.M. and 6:00 A.M. and to be employed in any of the
occupations covered by Code Section 39_2_2. In addition to the certificate, the
superintendent of schools, or some member of his staff authorized by him, shall
issue an identification card to each minor in this category of employment. The
identification card will certify that the minor is eligible for employment. The
minor shall be exempt from future filings of employment certificates unless his
certificate is revoked by the Commissioner of Labor. written
permission for such employment is given by the parents, guardian, or other
person having custody of such minor and evidence of the minor´s age is
submitted to the employer in the form of a certified copy of a birth certificate
or birth registration
card."
SECTION 2.
Said chapter is further amended by striking in its entirety
Code Section 39_2_11.1, relating to the employment of minors 14 years of age or
older during school vacation months for care of lawns, gardens, and shrubbery,
and inserting in lieu thereof the following:
"39_2_11.1.
Notwithstanding
any other provision of this chapter or any rule or regulation of the
Commissioner of Labor adopted pursuant to the provisions of Code Section 39_2_2
to the contrary, a minor 14 years of age or over may be employed during the
months of vacation from school in the care and maintenance of lawns, gardens,
and shrubbery owned or leased by the employer of such minor, including the
operation of equipment in connection therewith, provided the minor is covered by
an accident and sickness insurance plan or a workers´ compensation
insurance policy or plan provided by the employer, the minor presents the
employer with the certificate written permission for
employment required by Code Section 39_2_11, and the minor is permitted by
the employer to care for and maintain only those lawns, gardens, and shrubbery
owned or leased by the employer. The work authorized by this Code section
includes the care and maintenance of lawns, gardens, and shrubbery on the
grounds of mills or factories described in Code Section 39_2_1 and on the
grounds of any other factory, mill, or business where employment of the minor
within the factory, mill, or business might be prohibited by this chapter or by
rules and regulations of the Commissioner of
Labor."
SECTION 3.
Said chapter is further amended by striking and reserving in
their entirety Code Section 39_2_12, relating to the contents of employment
certificates, Code Section 39_2_13, relating to the disposition of employment
certificates upon termination of employment, and Code Section 39_2_14, relating
to the revocation of employment certificates by the Commissioner of
Labor.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.