PRIOR PRINTER'S NO. 1899

PRINTER'S NO.  2087

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1548

Session of

2011

  

  

INTRODUCED BY MURT, ADOLPH, AUMENT, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, BROOKS, BROWNLEE, CALTAGIRONE, CARROLL, CAUSER, CHRISTIANA, CLYMER, COHEN, CONKLIN, D. COSTA, P. COSTA, COX, CREIGHTON, CRUZ, CURRY, CUTLER, DAVIS, DAY, DEASY, DELOZIER, DeLUCA, DENLINGER, DePASQUALE, DeWEESE, DiGIROLAMO, DONATUCCI, ELLIS, EMRICK, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, FREEMAN, GALLOWAY, GEIST, GEORGE, GERBER, GERGELY, GIBBONS, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARPER, HARRIS, HEFFLEY, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, F. KELLER, M. K. KELLER, W. KELLER, KNOWLES, KORTZ, KOTIK, KRIEGER, LONGIETTI, MAHER, MAHONEY, MAJOR, MANN, MARSHALL, MARSICO, MASSER, MATZIE, McGEEHAN, METZGAR, MICCARELLI, MILLARD, MILLER, MILNE, MOUL, MURPHY, MUSTIO, MYERS, OBERLANDER, D. O'BRIEN, M. O'BRIEN, PARKER, PASHINSKI, PAYNE, PAYTON, PEIFER, PERRY, PETRARCA, PETRI, PICKETT, PYLE, QUIGLEY, QUINN, RAVENSTAHL, READSHAW, REED, REESE, ROCK, ROEBUCK, ROSS, SABATINA, SACCONE, SAINATO, SAMUELSON, SANTARSIERO, SANTONI, SAYLOR, SCAVELLO, SHAPIRO, K. SMITH, M. SMITH, STABACK, STEPHENS, STERN, STEVENSON, SWANGER, TALLMAN, TAYLOR, TOBASH, TOEPEL, TOOHIL, TRUITT, TURZAI, VEREB, VITALI, VULAKOVICH, WATERS, WATSON, YOUNGBLOOD, SONNEY AND WHITE, MAY 18, 2011

  

  

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 14, 2011   

  

  

  

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 or transferable work

8

permits for certain minors, and prescribing the kinds

9

thereof, and the rules for the issuance, reissuance, filing,

10

return, and recording of the same; by providing that the

 


1

Industrial Board shall, under certain conditions, determine

2

and declare whether certain occupations are within the

3

prohibitions of this act; requiring certain abstracts and

4

notices to be posted; providing for the enforcement of this

5

act by the Secretary of Labor and Industry, the

6

representative of school districts, and police officers; and

7

defining the procedure in prosecutions thereunder, and

8

establishing certain presumptions in relation thereto;

9

providing for the issuance of special permits for minors

10

engaging in the entertainment and related fields; providing

11

penalties for the violation of the provisions thereof; and

12

repealing all acts or parts of acts inconsistent therewith,"

13

further providing for definitions, for regulated employment,

14

for employment of children at establishments where alcoholic

15

beverages or malt liquor is sold and for permits; imposing

16

duties on the department; further providing for educational

17

requirements and for prohibitions regarding work hours;

18

providing for transfers to minor child performer trust

19

accounts; and further providing for employment certificate.

20

The General Assembly of the Commonwealth of Pennsylvania

21

hereby enacts as follows:

22

Section 1.  The definition of "establishment" in section 1 of

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23

the act of May 13, 1915 (P.L.286, No.177), known as the Child

24

Labor Law, amended December 21, 1988 (P.L.1908, No.192), is

25

amended and the section is amended by adding definitions to

26

read:

27

Section 1.  Section 1 of the act of May 13, 1915 (P.L.286,

<--

28

No.177), known as the Child Labor Law, is amended by adding

29

definitions to read:

30

Section 1.  Be it enacted, &c., That wherever the term

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31

"establishment" is used in this act, it shall mean [any place

32

within this Commonwealth where work is done for compensation of

33

any kind, to whomever payable: Provided, That this act shall not

34

apply to children employed on the farm, or in domestic service

35

in private homes.] a place within this Commonwealth where work

36

is done for compensation of any kind provided that this act

37

shall not apply to children employed on the farm, or in domestic

38

service in private homes.

39

* * *

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1

Section 1.  * * *

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2

The term "department" when used in this act, shall mean the

3

Department of Labor and Industry of the Commonwealth.

4

The term "documentary program" when used in this act, shall

5

mean a genre of motion picture program, including programming

6

for television, that depicts or portrays a nonfiction story and

7

may present an opinion or a specific message along with factual

8

material.

9

The term "reality program" when used in this act, shall mean

10

a genre of program that principally presents unscripted

11

situations, dialogue and actions depicting or portraying actual

12

events and generally features ordinary people and not

13

professional actors.

14

The term "studio teacher" when used in this act, shall mean a

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15

teacher who has current credentials issued by the Department of

16

Education of Pennsylvania or the equivalent education agency of

17

another state.

18

The term "work permit" when used in this act, shall mean a

19

work permit entitling a minor to employment except for minors

20

engaged in a performance under this act or who participate in a

21

reality or documentary program for compensation under this act.

22

Section 2.  Section 4 of the act, amended December 9, 2002

23

(P.L.1347, No.161), is amended to read:

24

Section 4.  [No] Except as provided in this section and

25

sections 7.1 and 7.5, no minor under eighteen years of age shall

26

be employed or permitted to work in, about, or in connection

27

with any establishment, or in any occupation, for more than six

28

consecutive days in any one week, or more than forty-four hours

29

in any one week, or more than eight hours in any one day:

30

Provided, That messengers employed by telegraph companies at

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1

offices where only one such minor is employed as a messenger in

2

which case such minor shall not be employed for more than six

3

consecutive days in any one week, or more than fifty-one hours

4

in any one week, or more than nine hours in any one day: And

5

provided further, That no minor under eighteen years of age, who

6

is enrolled in regular day school and working outside school

7

hours, shall be employed or permitted to work for more than

8

twenty-eight hours during a school week.

9

[No] Except as provided in this section and sections 7.1 and

10

7.5, no minor under sixteen years of age shall be employed or

11

permitted to work in, about, or in connection with, any

12

establishment or in any occupation before seven o'clock in the

13

morning or after seven o'clock in the evening of any day except

14

during school vacation period from June to Labor Day when such

15

minor may work between the hours of seven o'clock in the morning

16

and ten o'clock in the evening nor shall such a minor who is

17

enrolled in school and working outside school hours be employed

18

or permitted to work in, about, or in connection with, any

19

establishment or in any occupation more than four hours on a

20

school day, or more than eight hours on any other day, or more

21

than eighteen hours during a school week: Provided, That,

22

students fourteen years of age and over whose employment is part

23

of a recognized school-work program, supervised by a recognized

24

school authority, may be employed for hours which, combined with

25

the hours spent in school, do not exceed eight a day: And

26

further provided, That a minor under sixteen years of age

27

employed on a farm by a person other than the farmer in the

28

hatching, raising or harvesting of poultry may be employed or

29

permitted to work until 10 o'clock in the evening as long as the

30

minor is not working in an agricultural occupation declared

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1

hazardous by the United States Secretary of Labor.

2

[No] Except as provided in this section and sections 7.1 and

3

7.5, no minor under eighteen years of age shall be employed or

4

permitted to work for more than five hours continuously in,

5

about, or in connection with, any establishment without an

6

interval of at least thirty minutes for a lunch period and no

7

period of less than thirty minutes shall be deemed to interrupt

8

a continuous period of work.

9

[No] Except as provided in this section and sections 7.1 and

10

7.5, no minor under eighteen years of age shall be employed or

11

permitted to work in, about, or in connection with, any

12

establishment between the hours of twelve in the evening and six

13

in the morning if such minor is enrolled in regular day school:

14

Provided, That, minors sixteen and seventeen years of age may be

15

employed until, but not after, one o'clock in the morning on

16

Fridays and Saturdays, and on days preceding a school vacation

17

occurring during the school year, excepting the last day of such

18

vacation period.

19

Notwithstanding any other provision of this section, a minor

20

who is sixteen or seventeen years of age who is employed during

21

the months of June, July, August or September by a summer

22

resident camp or a conference or retreat operated by a religious

23

or scout organization shall receive one day of rest (twenty-four

24

consecutive hours of rest) during every seven-day period:

25

Provided, That this paragraph shall not apply to a minor

26

employed primarily for general maintenance work or food service

27

activities.

28

Section 3.  Section 5 of the act, amended December 15, 1999

29

(P.L.946, No.67), is amended to read:

30

Section 5.  No minor under sixteen years of age shall be

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1

employed or permitted to work in, about, or in connection with,

2

any manufacturing or mechanical occupation or process; nor on

3

scaffolding; nor in heavy work in the building trades; nor in

4

stripping or assorting tobacco; nor in any tunnel; nor upon any

5

railroad, steam, electric or otherwise; nor upon any boat

6

engaged in the transportation of passengers or merchandise; nor

7

in operating motor-vehicles of any description; nor in any

8

anthracite or bituminous coal-mine, or in any other mine.

9

No minor under eighteen years of age shall be employed or

10

permitted to work in the operation or management of hoisting

11

machines, in oiling or cleaning machinery, in motion; at switch-

12

tending, at gate-tending, at track-repairing; as a brakeman,

13

fireman, engineer, or motorman or conductor, upon a railroad or

14

railway; as a pilot, fireman, or engineer upon any boat or

15

vessel; in the manufacture of paints, colors or white lead in

16

any capacity; in preparing compositions in which dangerous leads

17

or acids are used; in the manufacture or use of dangerous or

18

poisonous dyes; in any dangerous occupation in or about any

19

mine; nor in or about any establishment wherein gunpowder,

20

nitroglycerine, dynamite, or other high or dangerous explosive

21

is manufactured or compounded: Provided, That minors age

22

fourteen and over may operate power lawn mowing equipment: And

23

provided further, That such minors may be employed in bowling

24

centers as snack bar attendants, porters, control desk clerks

25

and scorer attendants: And provided further, That such minors

26

may work where such chemicals, compounds, dyes and acids are

27

utilized in the course of experiments and testing procedures, in

28

such circumstances and under such conditions and safeguards as

29

may be specified by rule or regulation of the Department of

30

Labor and Industry.

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1

No minor under eighteen years of age shall be employed or

2

permitted to work in, about, or in connection with, any

3

establishment where alcoholic liquors are distilled, rectified,

4

compounded, brewed, manufactured, bottled, sold, or dispensed;

5

nor in a pool or billiard room: Provided, That male or female

6

minors sixteen years of age and over may be employed and

7

permitted to work that part of a motel, restaurant, club or

8

hotel in which liquor or malt or brewed beverages are not

9

served: And, provided further, That minors sixteen years of age

10

and over may be employed to serve food, clear tables and perform

11

other duties, not to include the dispensing or serving of

12

alcoholic beverages, in any licensed establishment whose sales

13

of food and nonalcoholic beverages are equal to forty per cent

14

or more of the combined gross sales of both food and alcoholic

15

beverages. Before employing any minor sixteen years of age and

16

over, any establishment licensed by the Liquor Control Board

17

shall furnish to the school district official authorized to

18

issue employment certificates a certification that, for a period

19

of not less than ninety consecutive days during the twelve

20

months immediately preceding the date of application, the sales

21

of food and nonalcoholic beverages by the employer at the

22

licensed premises were equal to or exceeded forty per cent of

23

the combined gross sales of food, nonalcoholic and alcoholic

24

beverages in conformity with the requirements set forth in

25

Regulation 141 of the Liquor Control Board governing the sale of

26

alcoholic beverages on Sunday. Nothing in this section shall

27

prevent the filming of a minor in a hotel, club, restaurant or

28

other dining or recreational facility as a part of a performance

29

in accordance with the provisions of section 7.1 or 7.5, in a

30

hotel, club, restaurant or other dining or recreational

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1

facility.

2

Nothing in this section should be construed as prohibiting

3

minors fourteen and fifteen years of age to be employed at ski

4

resorts, golf courses and amusement parks, or other similar

5

recreational establishments as long as they are not permitted to

6

serve or handle alcoholic beverages and as long as they do not

7

work in [any room] an area in which alcohol is being served or

8

stored.

9

No minor shall be employed or permitted to serve or handle

10

alcoholic liquor in any establishment where alcoholic liquors

11

are sold or dispensed; nor be employed or permitted to work in

12

violation of the laws relating to the operation of motor

13

vehicles by minors.

14

In addition to the foregoing, it shall be unlawful for any

15

minor under eighteen years of age to be employed or permitted to

16

work in any occupation dangerous to the life or limb, or

17

injurious to the health or morals, of the said minor, as such

18

occupations shall, from time to time, after public hearing

19

thereon, be determined and declared by the Industrial Board of

20

the Department of Labor and Industry: Provided, That if it

21

should be hereafter held by the courts of this Commonwealth that

22

the power herein sought to be granted to the said board is for

23

any reason invalid, such holding shall not be taken in any case

24

to affect or impair the remaining provisions of this section.

25

Section 4.  Section 7.1 of the act, amended or added August

26

23, 1961 (P.L.1107, No.494), December 21, 1988 (P.L.1908,

27

No.192) and December 21, 1998 (P.L.1242, No.158), is amended to

28

read:

29

Section 7.1.  [(a) The Department of Labor and Industry is

30

hereby authorized to issue special permits for the employment of

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1

minors seven and under eighteen years of age in theatrical

2

productions, musical recitals or concerts, entertainment acts,

3

modeling, radio, television, motion picture making, or in other

4

similar forms or media of entertainment in Pennsylvania where

5

the performance of such minor is not hazardous to his safety or

6

well-being, except as follows:

7

(1)  No such minor shall be permitted to perform after the

8

hour of eleven-thirty in the evening.

9

(2)  No such minor shall be permitted to perform in any place

10

or establishment where alcoholic beverages are sold or

11

dispensed.

12

(3)  No such minor shall be permitted to perform in a boxing,

13

sparring or wrestling match or exhibition or in an acrobatic or

14

other act, performance or exhibition hazardous to his safety or

15

well-being.

16

(4)  No such minor shall appear in more than two performances

17

in any one day nor in more than eight performances in any one

18

week.

19

(a.1)  In addition to any permit authorized by subsection

20

(a), the department shall be authorized to issue special permits

21

for the temporary employment of minors as part of the performing

22

cast in the production of a motion picture, if the department

23

determines that adequate provision has been made for the

24

educational instruction, supervision, health and welfare of the

25

minor. Unless the department determines that more restrictive

26

conditions are necessary, special permits authorized by this

27

subsection shall authorize minors to work as part of the

28

performing cast for forty-four hours in any one week and eight

29

hours in any one day. Time spent on the set or on location while

30

on call shall be excluded from any calculation of the maximum

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1

number of hours authorized by this subsection if the department

2

determines that adequate provision has been made for the child's

3

education, supervision and welfare during such intervals. The

4

department may restrict the number of hours which may be spent

5

on call by the minor. The department may waive, in whole or in

6

part, restrictions contained in this act and in any other act,

7

on the time of day or night allowed for engaging in the

8

employment authorized by this subsection, if the department

9

determines that such waiver is necessary to preserve the

10

artistic integrity of the motion picture and further determines

11

that such waiver will not impair the educational instruction,

12

supervision, health and welfare of the minor. Special permits

13

authorized by this subsection shall be valid for a period of

14

time not to exceed six months. An issued permit shall state that

15

no minor, allowed under the permit to be temporarily employed,

16

may be allowed on a set during, or may otherwise watch, the

17

filming or rehearsal for filming of any sexual act. Nothing in

18

this section shall be construed to supersede or repeal in part

19

18 Pa.C.S. § 5903 (relating to obscene and other sexual

20

materials) or 6312 (relating to sexual abuse of children).

21

(a.2)  A special permit shall not be required under this

22

section for a minor who participates in a nonprofit,

23

educational, theatrical production if there is informed, written

24

consent of a parent or guardian; if the participation is for a

25

period of no more than fourteen consecutive days; if the

26

participation is not during school hours; and if the minor

27

receives no direct or indirect remuneration. All other existing

28

limitations of this section shall remain applicable.

29

(b)  Rehearsals for performances as set forth in this section

30

shall be permitted, providing the length of time and hours of

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1

starting and finishing such rehearsals added to performance

2

duties are not such as to be injurious or harmful to the minor.

3

Rehearsal time, if any, expected and the hours of starting and

4

finishing same shall be set forth in the application as provided

5

in this section, and the special permit issued shall state what

6

rehearsal time is permissible.

7

(c)  Nothing in this section shall be deemed to supersede or

8

repeal any provisions of this act unless and until such special

9

permit is issued for any such performance or series of

10

performances.

11

(d)  Application forms shall be in such form as shall be

12

provided by the Department of Labor and Industry. Such forms

13

shall be signed by both the employer of the minor and the parent

14

or guardian of the minor, and shall contain the seal of a notary

15

public and a statement that the facts as set forth in the

16

application are true and correct. The application shall state

17

what provisions are in effect to provide for the minor's

18

educational instruction, supervision, health and welfare and the

19

safeguarding and conservation for the minor of the moneys

20

derived from such performances. No special permit shall be

21

issued for any performance where there is no adequate provision

22

for such educational instruction, supervision, health and

23

welfare and the safeguarding and conservation for the minor of

24

the moneys derived from such performances.

25

(e)  Appeals of any decision under this section made by the

26

Department of Labor and Industry shall be to the Industrial

27

Board which will hold a hearing on same.]

28

(a)  A minor is engaged in a performance and employed under

<--

29

this section if the minor models or The Department of Labor and

<--

30

Industry is hereby authorized to issue a special work permit to

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1

a minor who renders artistic or creative services in theater,

2

radio, television, movies, the Internet, publications or a

3

medium that may be transmitted to an audience and if a the minor

<--

4

receives remuneration for the performance, but does not include

<--

5

the minor's participation in reality or documentary programs.

6

(b)  A minor may engage in a performance if the following

7

requirements are satisfied:

8

(1)  The minor has a valid permit issued by the department.

9

(2)  The performance is not hazardous to the health and

10

safety of the minor.

11

(3)  The minor's performance is limited to hours specified in

12

subsection (e) and contained those established in regulations

<--

13

promulgated by the department.

14

(4)  The performance would not constitute a violation of 18

15

Pa.C.S. § 5903 (relating to obscene and other sexual materials

16

and performances) or 6312 (relating to sexual abuse of

17

children).

18

(5)  A minor who is under sixteen years of age must be

19

accompanied by a parent or guardian who must be within sight or

20

sound of the minor at all times.

21

(c)  The department shall issue a permit, valid for six

22

months from its issuance, upon presentment of the following

23

information in an application prescribed by the department:

24

(1)  If a minor is subject to compulsory education

25

requirements, a letter or other document from the minor's school

26

or school district indicating that the minor is a pupil in good

27

standing. If the application is made while school is not in

28

session, the minor must present his or her most recent report

29

card.

30

(2)  Verification of the minor's age.

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1

(3)  Permission of a parent or guardian; signature on the

2

application shall indicate the parent's or guardian's

3

permission.

4

(d)  An employer who employs one or more minors in a

5

performance must possess a permit to employ minors issued by the

6

department. The department shall issue a permit to employ minors

7

upon the employer's providing to the department proof of

8

workers' compensation coverage, if required. The permit to

<--

9

employ minors shall be valid for three years. The employer shall

10

be required to pay a fee set by the department, but not to

11

exceed three hundred fifty ($350.00) dollars for initial

12

registration and two hundred ($200.00) dollars for renewal.

13

(e)  (1)  A minor is prohibited from working more than eight

14

hours in any workday or more than forty-eight hours in one week.

15

A minor is prohibited from working before 5 o'clock in the

<--

16

morning on a day preceding a school day, a minor may not work

17

later than 10 o'clock in the evening on a day preceding a non-

18

school day, a minor may not work later than 12:30 o'clock in the

19

morning. A minor may not work past ten o'clock on the night

<--

20

before a school day or past twelve-thirty in the morning on

21

other nights, and a minor may not work before five o'clock in

22

the morning.

23

(2)  The department may waive or modify the restrictions

24

contained in this section subsection if the department

<--

25

reasonably determines: the parent or guardian approves of the

26

waiver, the waiver will not impair the educational instruction

27

of the minor; and the waiver will not compromise the health or

28

safety of the minor.

29

(3)  No infant under the age of one month may be employed in

30

a performance unless a licensed physician provides written

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1

certification that the infant is at least fifteen days old and,

2

in his medical opinion:

3

(i)  The infant was carried to full term.

4

(ii)  The infant was of normal birth weight.

5

(iii)  The infant is physically capable of handling the

6

requirements of the performance.

7

(iv)  The infant's lungs, eyes, heart and immune system are

8

sufficiently developed to withstand any potential risks.

9

(4)  The department may promulgate further regulations

10

governing the working hours for minors under this section 

<--

11

subsection.

<--

12

(f)  (1)  A minor performer shall fulfill educational

13

requirements as set forth in the Pennsylvania School Code, or

14

the requirements of the state in which the minor performer

15

resides. A minor who has not completed such requirements shall

16

be subject to paragraph (2).

17

(2)  An employer employing, either directly or indirectly

18

through a third person, a minor for two or more school days in a

19

thirty day period shall provide a teacher who has credentials

20

issued by the Department of Education, a state recognized by the

21

Department of Education, or a state in which the minor resides.

22

This requirement shall apply beginning on the second day that

23

the minor renders services for that employer and shall continue

24

on each day thereafter that school is in session and the minor

25

is rendering services. A minor receiving instruction from a

26

teacher provided pursuant to this provision shall not be

27

declared absent from school while working under the permit

28

requirement in accordance with this section. The requirements of

29

this section shall only be applicable when school is in session

30

and the minor is not receiving educational instruction at his

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1

regular school due to his employment schedule.

2

(3)  A minor receiving educational instruction under this

3

section, and such minor's parent or guardian, shall work with

4

the teacher provided to the minor and the minor's school of

5

enrollment to fulfill the educational requirements.

6

(4)  If there is a hiatus in a production that employs a

7

minor under this section, a teacher shall be provided to the

8

minor during the hiatus for periods when school is in session,

9

pursuant to the requirements described in the section, unless

10

the minor is able to attend his regular school.

11

(5)  Where this section requires that an employer provide a

12

teacher to a minor, the employer shall provide a ratio of at

13

least one teacher for every ten minors unless the minors are

14

within two grade levels, in which case the employer shall

15

provide a ratio of at least one teacher for every twenty minors.

16

(6)  School districts shall have the authority, in

17

cooperation with the Department of Education and the parent or

18

guardian of the minor, to develop alternative methods by which

19

minors may satisfy their educational requirements at times

20

outside the normal school day. Alternative methods under this

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21

paragraph shall be no more restrictive than those set forth in

22

this section.

23

(g)  (1)  (i)  Within thirty days following the final day of

24

employment, except when the period of employment is longer than

25

thirty days, a minor's employer is required to transfer fifteen

26

percent of gross earnings to the custodian or trustee of the

27

minor's trust account established under 20 Pa.C.S. Ch. 53

28

(relating to Pennsylvania Uniform Transfers to Minors Act). When

29

the employment is longer than thirty days, the employer shall

30

make the required transfer every payroll period.

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1

(ii)  If the minor's employer has not been notified within

2

fifteen days of commencement of employment of the existence of a

3

trust account established under 20 Pa.C.S. Ch. 53, or no such

4

account has been established by the minor's parent or guardian,

5

then the minor's employer shall transfer such monies together

6

with the minor's name and last known address to the State

7

Treasurer for placement into an account for the benefit of the

8

minor.

9

(iii)  Once the transfers have been made to the trust account

10

established under 20 Pa.C.S. Ch. 53 or the treasurer's account,

11

the minor's employer has no further duty under this subsection.

12

(iv)  The employer's obligations under this subsection shall

13

terminate when the minor reaches eighteen years of age.

14

(2)  (i)  Within fifteen days of the commencement of

15

employment, the minor's parent or guardian must establish a

16

trust account in accordance with 20 Pa.C.S. Ch. 53, unless an

17

account has previously been established. Once the trust account

18

has been established, the minor's parent or guardian shall

19

notify the minor's employer of the existence of the account and

20

any additional information required by the employer to comply

21

with this subsection.

22

(ii)  The trustee of the account shall promptly notify the

23

minor's employer of a change in facts that affects the

24

employer's obligation to set aside funds under this subsection.

25

(iii)  Upon written request of the minor's parent or

26

guardian, the trustee may require the minor's employer to

27

transfer more than fifteen percent of the gross earnings to the

28

child performer's trust account.

29

(iv)  The minor's parent or guardian may serve as trustee of

30

the child performer trust account.

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1

(v)  Once the minor's trust account balance reaches one

2

hundred-fifty thousand ($150,000.00) dollars or more, a trust

3

company shall be appointed by the minor's parent or guardian to

4

serve as trustee of the account.

5

(3)  The minor may terminate the child performer trust

6

account upon reaching the age of eighteen.

7

(h)  Nothing in this section shall be construed to require a

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8

permit for a minor's participation in a church, school,

9

community or charitable activity, for which the minor receives

10

no compensation or remuneration.

11

Section 5.  The act is amended by adding a section to read:

12

Section 7.5.  (a)  A minor may participate in a reality or

13

documentary program if the following conditions are met:

14

(1)  Participation in the reality or documentary program is

15

not hazardous to the health and safety of the minor.

16

(2)  Participation would not constitute a violation of 18

17

Pa.C.S. § 5903 (relating to obscene and other sexual materials

18

and performances) or 6312 (relating to sexual abuse of

19

children).

20

(b)  Where a minor or one or more members of the minor's

21

family receive compensation, either in monetary or non-monetary

22

form, for the minor's participation in a reality or documentary

23

program and the minor's participation is substantial, the minor

24

shall have a valid permit issued by the Department of Labor and

25

Industry. For the purposes of this subsection, the following

26

terms shall have the following meanings:

27

(1)  "Family" shall mean members of a minor's immediate

28

family, including the minor's mother, father, brother or sister.

29

(2)  "Compensation" shall not include reimbursement for

30

expenses incurred by the minor or the minor's family.

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1

(3)  "Substantial" shall mean the minor is a principal

2

subject of the reality or documentary program or the minor

3

participates in the filming of the reality or documentary

4

program for ten (10) or more days in a thirty (30) day period.

5

(c)  The department shall issue a permit under the following

6

conditions:

7

(1)  The department determines that adequate provision has

8

been made for the minor's educational instruction, supervision,

9

health and safety.

10

(2)  The minor's participation does not extend past 10

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11

o'clock in the evening on nights before days school is in

12

session, unless the minor has met the compulsory education

13

requirements, or 12 thirty o'clock on nights before days that

14

school is not in session, and the minor's participation does not

15

begin before 5 o'clock in the morning. The minor may not work

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16

past ten o'clock on the night before a school day or past  

17

twelve-thirty in the morning on other nights, and a minor may

18

not work before five o'clock in the morning.

19

(3)  The minor's participation does not exceed eight hours in

20

a day or forty-eight hours in a week.

21

(4)  The department may waive or modify the restrictions

22

contained in this section if the department reasonably

23

determines:

24

(i)  The waiver is necessary in light of the nature of the

25

program.

26

(ii)  The parent or guardian approves the waiver.

27

(iii)  The waiver will not impair the educational instruction

28

of the minor.

29

(iv)  The waiver will not compromise the health or safety of

30

the minor.

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1

(5)  The application for a minor's work permit must comply

2

with the following:

3

(i)  Be made on a form issued by the department and signed by

4

the person or entity responsible for filming and the parent or

5

guardian.

6

(ii)  State the legal name, address and date of birth of the

7

minor.

8

(iii)  State the name and type of production and the nature

9

of the minor's participation.

10

(iv)  State the name and address of the parent or guardian

11

who will supervise the minor's participation in the reality or

12

documentary program.

13

(v)  State the dates of the minor's expected participation,

14

hours of the minor's participation and length of time the minor

15

will participate.

16

(vi)  State the name and contact information of the person or

17

entity responsible for filming.

18

(vii)  Contain proof of workers' compensation insurance by

19

the person or entity responsible for filming in accordance with

20

the act of June 2, 1915 (P.L.736, No.338), known as the Workers'

21

Compensation Act, if required.

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22

(viii)  Contain a description of the compensation for the

23

minor's participation.

24

(ix)  Satisfy the requirements of section 7.1 regarding the

25

preservation of the minor's earnings.

26

(x)  Where participation in the reality or documentary

27

program necessitates the minor's absence from his regular

28

school, satisfy the education and schooling requirements of

29

section 7.1.

30

(xi)  Additional requirements determined by the department.

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1

(d)  A work permit is not required for a minor's

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2

participation in a church, public or religious school, community

3

or charitable filming activity, for which no admission fee is

4

charged (Reserved).

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5

(e)  A work permit is valid for the duration of the minor's

6

participation in the reality or documentary program for which it

7

is issued. The department shall, on a semi-annual basis, review

8

a reality or documentary program and the participation of the

9

minor to ensure:

10

(1)  The minor's health and safety is protected.

11

(2)  The educational instruction of the minor is not

12

impaired.

13

(3)  The minor's earnings, if any, are properly preserved in

14

a trust in accordance with section 7.1(g).

15

(f)  The work permit requirements of this section shall not

16

apply to news gathering activities or game shows.

17

(g)  Nothing in this section shall be construed to require a

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18

permit for a minor's participation in a church, school,

19

community or charitable activity, for which the minor receives

20

no compensation or remuneration.

21

Section 6.  Sections 8 and 10 of the act, amended December

22

21, 1988 (P.L.1908, No.192), are amended to read:

23

Section 8.  (a)  [Before] Except as provided for in sections

24

7.1 and 7.5, before any minor under eighteen years of age shall

25

be employed, permitted or suffered to work in, about, or in

26

connection with, any establishment, or in any occupation, the

27

person employing such minor shall procure and keep on file, and

28

accessible to any attendance officer, deputy factory inspector,

29

or other authorized inspector or officer charged with the

30

enforcement of this act, an employment certificate as

- 20 -

 


1

hereinafter provided, issued for said minor.

2

(b)  Any minor who has reached the age of sixteen may receive

3

a transferable work permit instead of an employment certificate

4

from the appropriate issuing official. All transferable work

5

permits shall be valid for the entire period the minor is 

6

eligible for work and is under the age of eighteen. The employer

7

shall ensure that the minors have valid transferable work

8

permits in accordance with sections 17 and 17.1.

9

Section 10.  [Application] Except as provided for in sections

10

7.1 and 7.5, application for the employment certificate must be

11

made by the parent, guardian, or legal custodian of the minor

12

for whom such employment certificate or transferable work permit

13

is requested; or, if said minor have no parent, guardian, or

14

legal custodian, then by the next friend, who must be over

15

eighteen years of age. In lieu of the personal appearance of the

16

parent, guardian, legal custodian, or next friend of the minor,

17

such person may execute a statement before a notary public or

18

other person authorized to administer oaths attesting to the

19

accuracy of the facts set forth in the application on a form

20

prescribed by the Department of Education, which statement shall

21

be attached to the application. No employment certificate shall

22

be issued until the said minor has personally appeared before,

23

and been examined by, the officer issuing the certificate,

24

except that where the applicant is a graduate of an accredited

25

high school and exhibits official proof of such graduation, no

26

personal appearance or countersigned application shall be

27

required.

28

Section 7.  This act shall take effect in 60 days October 1,

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29

2011.

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