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Introduced Version Senate Bill 435 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

Senate Bill 435

By Senators Roberts and Karnes

[Introduced February 24, 2021; referred
to the Committee on Education]

A BILL to amend and reenact §21-6-3 of the Code of West Virginia, 1931, as amended, relating to issuance of a work permit; requiring county superintendents to authorize at least one school principal or administrator at each nonpublic school in the district to issue a work permit for students enrolled at the school; removing obsolete term; and providing exceptions to the requirement for a certificate showing that the child is attending school.

Be it enacted by the Legislature of West Virginia:


ARTICLE 6. CHILD LABOR.


§21-6-3. Issuance of work permit.


(a) A child 14 or 15 years of age may be employed or permitted to work in any gainful occupation, except as provided in section two of this article, when the person, firm or corporation by whom the child is employed or permitted to work, obtains and keeps on file and accessible to officers charged with the enforcement of this article, a work permit issued by the superintendent of schools of the county in which the child resides, or by some person authorized by him or her in writing. The county superintendent shall at least authorize in writing one principal or administrator at each nonpublic school in the district to issue a work permit for students enrolled at the school.  For the purposes of this section, “nonpublic school” means a school accepting students who are exempt from compulsory school attendance pursuant to §18-8-1(b) or §18-8-1(k) of this code.  Whenever a work permit has been issued, or wherever an age certificate has been issued under the provisions of section five of this article, it shall be conclusive as to the age of the child on whose behalf the work permit or age certificate was issued.

(b) The superintendent of schools, or person authorized by him or her in writing, shall issue the work permit only upon receipt of the following documents:

(1) A written statement, signed by the person for whom the child expects to work, that he or she intends legally to employ the child;

(2) A brief written description of the job the child is expected to perform;

(3) A birth certificate, or attested transcript thereof, issued by the registrar of vital statistics or other officer charged with the duty of recording births;

(4) A certificate signed by the principal or registrar of the school attended showing that the child is attending school: Provided, That the requirement for receipt of this certificate does not apply in the case of a student enrolled in and seeking a work permit from a principal or administrator in a nonpublic school or a homeschooled student exempt from compulsory school attendance pursuant to §18-8-1(c) of this code; and

(5) The written consent of the parent or parents, guardian or custodian of the child.

(c) The superintendent of schools may not require a physical examination to be included in the application for a work permit.

(d) The superintendent of schools is not required to certify that the minor personally appeared before him or her prior to the issuance, modification, or rejection of a work permit.

 

NOTE: The purpose of this bill is to require county superintendents to at least authorize one school principal or administrator at each nonpublic school in the district to issue a work permit for students enrolled at the school.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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