SB 435 — Requiring county superintendents to authorize certain school principals or administrators at nonpublic schools to issue work permits for enrolled students

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 435 By Senators Roberts and Karnes [Originating[Passed inMarch the26, Committee2021; on Education;

reportedin oneffect March90 3,days 2021]from passage]     AAN BILLACT to amend and reenact §21-6-3, §21-6-4, §21-6-5, and §21-6-10 of the Code of West Virginia, 1931, as amended, all relating to issuance of a work permit for a child 14 or years of age;

(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 §21-6-2 of this code, 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, or by a person authorized to issue education credentials to that child upon completion of the secondary education program pursuant to §18-8-12 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 §21-6-5 of this code, 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, or other person authorized to issue a work permit pursuant to subsection (a) of this section shall issue the work permit only upon receipt review of the following documents:

(4) A certificate signed by the principal or registrar of the school attended showing that the child is attending school:

(c) The superintendent of schools No person authorized to issue a work permit pursuant to subsection (a) of this section may not require a physical examination to be included in the application for a work permit.

(d) The superintendent of schools No person authorized to issue a work permit pursuant to subsection (a) of this section 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.

It shall certify that the child has appeared before the officer issuing the permit and submitted for review proofs of age, school attendance except as provided in §21-6-3 of this code, prospective employment, brief description of job and parental or other consent required in section three §21-6-3 of this code.

A record of all permits granted and of all applications denied as well as all certificates of age, and documents evidencing school attendance, prospective employment, brief description of job and parental or other consent submitted by the applicants for permits shall be kept in the office of the issuing officer or other person issuing the permit.

(a) Upon request of any employer who is desirous of employing a child who represents his or her age to be sixteen 16 years or over, the officer or other person charged with the issuance of work permits shall require of the child the proof of age specified in section three of this article §21-6-3 of this code, and, upon receipt review thereof, if it be found that the child is actually sixteen16 years of age or over, shall issue to the employer a certificate showing the age and date and place of birth of the child.

(b) Any officer charged with the enforcement of this article may inquire into the true age of a child apparently under the age of sixteen16 years who is employed or permitted to work in any gainful occupation and for whom no work permit or age certificate is on file;

and if the age of the child is found to be actually under sixteen 16 years, the employment of the child shall be considered a violation of the provisions of this article.