CHAPTER 502

AN ACT TO AMEND TITLE 19, DELAWARE CODE, CHAPTER 5, SUBCHAPTER IV, RELATING TO EMPLOYMENT CERTIFICATES AND WAGES FOR CHILDREN.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 19, Delaware Code, Chapter 9, Subchapter IV, is amended by striking Section 544 and inserting in lieu thereof a new section to read as follows:

§ 544. Persons authorized to issue employment certificate

Employment certificates shall be issued by the Superintendent of a public middle school, junior high school or senior high school throughout the State or by some other person designated by him in writing who is a public school employee who is retained by the public school on a 12-month or complete calendar year basis. The superintendent shall notify the Director of the Division of Industrial Relations of any deficiency or change thereof.

If any Superintendent fails to designate some person to issue employment certificates, the Director of the Division of Industrial Relations shall designate some person to so act, but any designation may be revoked by the Director at any time at his pleasure.

The Division of Industrial Relations will keep on file a listing of all persons who are duly qualified to issue certificates in the various school districts of the State.

Section 2. Title 19, Delaware Code, Section 545, is amended by striking the present section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 545. Registrars for issuance of a general employment certificate

(a) The issuing officers throughout the school system shall not issue such certificate until the child, for whom it is requested, has personally appeared and been examined by them and have received, examined, approved and filed, together with the duplicate of the certificate, the following papers duly executed:

(1) A statement signed by the prospective employer or by someone authorized on his behalf, stating that the employer expects to give the child present employment and setting forth the character of the employment.

(2) A school record, if the child is not a student of the school where the issuing is to take place, filled out and signed by the principal or chief executive officer of the school, public or non-public, where the child last attended, which shall be furnished in behalf of any child who may be entitled thereto, certifying what course of study the child has completed.

(b) Evidence showing that the child is 14 years of age or upwards, which shall consist of one of the following proofs of age, shall be required in the order herein designated:

(1) A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births;

(2) A baptismal certificate or transcript of the record of baptism duly certified, showing the date of birth of such child;

(3) A passport showing the age of such child as an immigrant;

(4) Other documentary evidence of age such as school record, Delaware motor vehicle operator's license, etc., (other than the affidavit of parent, guardian, legal custodian or next friend) or transcript thereof, duly certified, which shall appear to the satisfaction of the issuing officer to be good and sufficient proof of age.

(5) In case such proofs of age shall be unobtainable and only in such cases, the issuing officer may accept, in lieu thereof, a signed statement of the physician, designated by the Department of Labor, stating that, after examination, it is the opinion of such physician that such child has attained the age required by law for the occupation in which the child expects to engage, and such statement shall be accompanied by an affidavit, signed by the parent, guardian, legal custodian, or next friend, certifying the name, date, and place of birth of such child and that the parent, guardian, legal custodian or next friend, signing such statement, is unable to produce any of the proofs of age specified in the preceding sub-division of this section.

§ 549. TO BE REPEALED

Section 3. Title 19, Delaware Code, Section 549, is amended by repealing said section in its entirety.

Approved June 3, 1970.