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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 40.1-92, 40.1-93, and 40.1-96 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-92. Issuance of certificates.
A. The Commissioner shall prescribe the procedures for
minors and employers concerning issuance and maintenance of employment
certificates. The Commissioner may issue certificates both directly and
electronically. Employment certificates shall be issued only by the
division superintendent of schools, or by any person designated by him and by
the Department only upon application in person of the child desiring
employment, accompanied. The employment certificate shall not be
valid unless permission is granted by the a parent, guardian,
or custodian of such child through means specified by the
Commissioner. In lieu of a personal appearance, such parent, guardian,
or custodian may submit a notarized statement granting permission for the
employment of the child. The division superintendent of schools shall designate
one person to grant such permits in every city or county. The person
issuing such certificate Department shall have authority to
administer the oath provided for therein, or to make any investigation or
examination necessary for the issuance thereof. No fee shall be charged for
issuing any such certificate nor for administering any oath or rendering
any services in respect thereto. The officer issuing the certificate shall
retain a copy of each such certificate and all documents connected therewith
shall be mailed to the Commissioner by the end of the week in which the same
shall have been issued for review and approval. The Commissioner shall file
and preserve such certificates and related documents.
B. No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any representative of the Commissioner in order to obtain the issuance of an employment certificate.
§ 40.1-93. Proof required for employment certificate.
The person authorized to Department shall not
issue an employment certificate shall not issue such certificate until he
until it has received, examined, approved, and filed the
following papers:
1. Except for work coming within one of the exceptions in § 40.1-79.01, a statement signed by the prospective employer, or someone duly authorized on his behalf, stating that he expects to give such child present employment, setting forth the specific nature of the occupation in which he intends to employ such child, and the number of hours per day and of days per week which said child shall be employed and of the period for lunch. Such statement shall be submitted by means specified by the Commissioner; and
2. Proof A statement, signed by the prospective
employer or someone duly authorized on his behalf, submitted by means specified
by the Commissioner, that the employer has verified the age of such minor. The
employer shall procure and keep on file, accessible to the Department or other
authorized persons charged with the enforcement of this chapter, the proof
of age as provided in § 40.1-94.
§ 40.1-96. Contents of employment certificates.
The employment certificate required to be issued shall state
the name, sex, date of birth, and place of residence of the child. It
shall certify that all the conditions and requirements for issuing an
employment certificate under the provisions of this chapter have been fulfilled
and shall be signed by the person issuing it Commissioner. It
shall state the kind of evidence of age accepted for the employment
certificate. Except for work coming within one of the exceptions in §
40.1-79.01, the certificate shall show the name and address of the employer for
whom and the nature of the specific occupation in which the employment
certificate authorizes the child to be employed and shall be valid only for the
occupation so designated. It shall bear a number, shall show the date of its
issue, and shall be signed by the child for whom it is issued in the
presence of the person issuing it by means specified by the Commissioner.
It shall be issued in triplicate, one copy to be mailed to the employer, one
copy to be sent to the Commissioner and one copy to be retained and kept on
file by the issuing officer The employment certificate shall be issued
to the employer, by means specified by the Commissioner, on or prior to the
first day of employment. The employer and Commissioner shall retain a manual or
electronic copy of the certificate, so long as the youth is employed or for a
period of 36 months, whichever is longer.