PRIOR PRINTER'S NO. 3315 PRINTER'S NO. 3316
No. 2527 Session of 1980
INTRODUCED BY MR. RYAN, MAY 7, 1980
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 7, 1980
AN ACT
1 Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as
2 amended, "An act to provide for the health, safety, and
3 welfare of minors; By forbidding their employment or work in
4 certain establishments and occupations, and under certain
5 specified ages; by restricting their hours of labor, and
6 regulating certain conditions of their employment; by
7 requiring employment certificates for certain minors, and
8 prescribing the kinds thereof, and the rules for the
9 issuance, reissuance, filing, return, and recording of the
10 same; by providing that the Industrial Board shall, under
11 certain conditions, determine and declare whether certain
12 occupations are within the prohibitions of this act;
13 requiring certain abstracts and notices to be posted;
14 providing for the enforcement of this act by the Secretary of
15 Labor and Industry, the representative of school districts,
16 and police officers; and defining the procedure in
17 prosecutions thereunder, and establishing certain
18 presumptions in relation thereto; providing for the issuance
19 of special permits for minors engaging in the entertainment
20 and related fields; providing penalties for the violation of
21 the provisions thereof; and repealing all acts or parts of
22 acts inconsistent therewith," providing for the issuance of
23 special permits for motion picture filming.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The act of May 13, 1915 (P.L.286, No.177), known <--
27 as the "Child Labor Law," is amended by adding a section to
28 read:
1 Section 7.4. (a) In addition to any permit authorized under
2 section 7.1, the Department of Labor and Industry shall be
3 authorized to issue special permits for the temporary employment
4 of minors, regardless of age, as part of the cast in the making
5 of a motion picture if the department determines, on application
6 of the employer, that filming at night is essential to the
7 artistic integrity of the motion picture and that such
8 employment will not impair the educational instruction,
9 supervision, health and welfare of the minor. Minors for whom a
10 special permit is issued may be employed as part of the cast in
11 the making of said motion picture without regard to any
12 limitations on time of day for employment, including nighttime
13 employment or any limitation on the maximum daily or weekly
14 hours of employment contained in this act or any other provision
15 of law.
16 (b) Application forms shall be in such form as shall be
17 provided by the Department of Labor and Industry. Such forms
18 shall be signed by both the employer of the minor and the parent
19 or guardian of the minor, and shall contain the seal of a notary
20 public and a statement that the facts as set forth in the
21 application are true and correct. The application shall state
22 what provisions are in effect to provide for the minor's
23 educational instruction, supervision, health and welfare and the
24 safeguarding and conservation for the minor of the moneys
25 derived from such employment. No special permit shall be issued
26 pursuant to this section where there is no adequate provision
27 for such educational instruction, supervision, health and
28 welfare and the safeguarding and conservation for the minor of
29 the moneys derived from employment pursuant to this section.
30 (c) Appeals of any decision under this section made by the
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1 Department of Labor and Industry shall be to the Industrial
2 Board which will hold a hearing on same.
3 SECTION 1. SECTION 7.1, ACT OF MAY 13, 1915 (P.L.286, <--
4 NO.177), KNOWN AS THE "CHILD LABOR LAW," IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 SECTION 7.1. * * *
7 (A.1) IN ADDITION TO ANY PERMIT AUTHORIZED BY SUBSECTION
8 (A), THE DEPARTMENT SHALL BE AUTHORIZED TO ISSUE SPECIAL PERMITS
9 FOR THE TEMPORARY EMPLOYMENT OF MINORS, AGE SEVEN AND UNDER AGE
10 EIGHTEEN, AS PART OF THE PERFORMING CAST IN THE PRODUCTION OF A
11 MOTION PICTURE, IF THE DEPARTMENT DETERMINES THAT ADEQUATE
12 PROVISION HAS BEEN MADE FOR THE EDUCATIONAL INSTRUCTION,
13 SUPERVISION, HEALTH AND WELFARE OF THE MINOR. UNLESS THE
14 DEPARTMENT DETERMINES THAT MORE RESTRICTIVE CONDITIONS ARE
15 NECESSARY, SPECIAL PERMITS AUTHORIZED BY THIS SUBSECTION SHALL
16 AUTHORIZE MINORS, AGE SEVEN AND UNDER AGE EIGHTEEN, TO WORK AS
17 PART OF THE PERFORMING CAST FOR FORTY-FOUR HOURS IN ANY ONE WEEK
18 AND EIGHT HOURS IN ANY ONE DAY. TIME SPENT ON THE SET OR ON
19 LOCATION WHILE ON CALL SHALL BE EXCLUDED FROM ANY CALCULATION OF
20 THE MAXIMUM NUMBER OF HOURS AUTHORIZED BY THIS SUBSECTION IF THE
21 DEPARTMENT DETERMINES THAT ADEQUATE PROVISION HAS BEEN MADE FOR
22 THE CHILD'S EDUCATION, SUPERVISION AND WELFARE DURING SUCH
23 INTERVALS. THE DEPARTMENT MAY RESTRICT THE NUMBER OF HOURS WHICH
24 MAY BE SPENT ON CALL BY THE MINOR. THE DEPARTMENT MAY WAIVE, IN
25 WHOLE OR IN PART, RESTRICTIONS CONTAINED IN THIS ACT AND IN ANY
26 OTHER ACT, ON THE TIME OF DAY OR NIGHT ALLOWED FOR ENGAGING IN
27 THE EMPLOYMENT AUTHORIZED BY THIS SUBSECTION, IF THE DEPARTMENT
28 DETERMINES THAT SUCH WAIVER IS NECESSARY TO PRESERVE THE
29 ARTISTIC INTEGRITY OF THE MOTION PICTURE AND FURTHER DETERMINES
30 THAT SUCH WAIVER WILL NOT IMPAIR THE EDUCATIONAL INSTRUCTION,
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1 SUPERVISION, HEALTH AND WELFARE OF THE MINOR. SPECIAL PERMITS
2 AUTHORIZED BY THIS SUBSECTION SHALL BE VALID FOR A PERIOD OF
3 TIME NOT TO EXCEED SIX MONTHS.
4 * * *
5 Section 2. This act shall take effect immediately.
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