PRINTER'S NO.  1899

  

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 AND SONNEY, MAY 18, 2011

  

  

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 18, 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

11

Industrial Board shall, under certain conditions, determine

 


1

and declare whether certain occupations are within the

2

prohibitions of this act; requiring certain abstracts and

3

notices to be posted; providing for the enforcement of this

4

act by the Secretary of Labor and Industry, the

5

representative of school districts, and police officers; and

6

defining the procedure in prosecutions thereunder, and

7

establishing certain presumptions in relation thereto;

8

providing for the issuance of special permits for minors

9

engaging in the entertainment and related fields; providing

10

penalties for the violation of the provisions thereof; and

11

repealing all acts or parts of acts inconsistent therewith,"

12

further providing for definitions, for regulated employment,

13

for employment of children at establishments where alcoholic

14

beverages or malt liquor is sold and for permits; imposing

15

duties on the department; further providing for educational

16

requirements and for prohibitions regarding work hours;

17

providing for transfers to minor child performer trust

18

accounts; and further providing for employment certificate.

19

The General Assembly of the Commonwealth of Pennsylvania

20

hereby enacts as follows:

21

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

22

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

23

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

24

amended and the section is amended by adding definitions to

25

read:

26

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

27

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

28

within this Commonwealth where work is done for compensation of

29

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

30

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

31

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

32

is done for compensation of any kind provided that this act

33

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

34

service in private homes.

35

* * * 

36

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

37

Department of Labor and Industry of the Commonwealth.

38

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

39

mean a genre of motion picture program, including programming

- 2 -

 


1

for television, that depicts or portrays a nonfiction story and

2

may present an opinion or a specific message along with factual

3

material.

4

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

5

a genre of program that principally presents unscripted

6

situations, dialogue and actions depicting or portraying actual

7

events and generally features ordinary people and not

8

professional actors.

9

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

10

teacher who has current credentials issued by the Department of

11

Education of Pennsylvania or the equivalent education agency of

12

another state.

13

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

14

work permit entitling a minor to employment except for minors

15

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

16

reality or documentary program for compensation under this act.

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

Provided, That messengers employed by telegraph companies at

26

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

27

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

28

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

29

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

30

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

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1

is enrolled in regular day school and working outside school

2

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

3

twenty-eight hours during a school week.

4

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

5

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

6

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

7

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

8

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

9

during school vacation period from June to Labor Day when such

10

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

11

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

12

enrolled in school and working outside school hours be employed

13

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

14

establishment or in any occupation more than four hours on a

15

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

16

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

17

students fourteen years of age and over whose employment is part

18

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

19

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

20

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

21

further provided, That a minor under sixteen years of age

22

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

23

hatching, raising or harvesting of poultry may be employed or

24

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

25

minor is not working in an agricultural occupation declared

26

hazardous by the United States Secretary of Labor.

27

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

28

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

29

permitted to work for more than five hours continuously in,

30

about, or in connection with, any establishment without an

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1

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

2

period of less than thirty minutes shall be deemed to interrupt

3

a continuous period of work.

4

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

5

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

6

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

7

establishment between the hours of twelve in the evening and six

8

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

9

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

10

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

11

Fridays and Saturdays, and on days preceding a school vacation

12

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

13

vacation period.

14

Notwithstanding any other provision of this section, a minor

15

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

16

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

17

resident camp or a conference or retreat operated by a religious

18

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

19

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

20

Provided, That this paragraph shall not apply to a minor

21

employed primarily for general maintenance work or food service

22

activities.

23

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

24

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

25

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

26

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

27

any manufacturing or mechanical occupation or process; nor on

28

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

29

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

30

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

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1

engaged in the transportation of passengers or merchandise; nor

2

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

3

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

4

No minor under eighteen years of age shall be employed or

5

permitted to work in the operation or management of hoisting

6

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

7

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

8

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

9

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

10

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

11

any capacity; in preparing compositions in which dangerous leads

12

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

13

poisonous dyes; in any dangerous occupation in or about any

14

mine; nor in or about any establishment wherein gunpowder,

15

nitroglycerine, dynamite, or other high or dangerous explosive

16

is manufactured or compounded: Provided, That minors age

17

fourteen and over may operate power lawn mowing equipment: And

18

provided further, That such minors may be employed in bowling

19

centers as snack bar attendants, porters, control desk clerks

20

and scorer attendants: And provided further, That such minors

21

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

22

utilized in the course of experiments and testing procedures, in

23

such circumstances and under such conditions and safeguards as

24

may be specified by rule or regulation of the Department of

25

Labor and Industry.

26

No minor under eighteen years of age shall be employed or

27

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

28

establishment where alcoholic liquors are distilled, rectified,

29

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

30

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

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1

minors sixteen years of age and over may be employed and

2

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

3

hotel in which liquor or malt or brewed beverages are not

4

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

5

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

6

other duties, not to include the dispensing or serving of

7

alcoholic beverages, in any licensed establishment whose sales

8

of food and nonalcoholic beverages are equal to forty per cent

9

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

10

beverages. Before employing any minor sixteen years of age and

11

over, any establishment licensed by the Liquor Control Board

12

shall furnish to the school district official authorized to

13

issue employment certificates a certification that, for a period

14

of not less than ninety consecutive days during the twelve

15

months immediately preceding the date of application, the sales

16

of food and nonalcoholic beverages by the employer at the

17

licensed premises were equal to or exceeded forty per cent of

18

the combined gross sales of food, nonalcoholic and alcoholic

19

beverages in conformity with the requirements set forth in

20

Regulation 141 of the Liquor Control Board governing the sale of

21

alcoholic beverages on Sunday. Nothing in this section shall

22

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

23

other dining or recreational facility as a part of a performance

24

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

25

hotel, club, restaurant or other dining or recreational

26

facility.

27

Nothing in this section should be construed as prohibiting

28

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

29

resorts, golf courses and amusement parks, or other similar

30

recreational establishments as long as they are not permitted to

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1

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

2

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

3

stored.

4

No minor shall be employed or permitted to serve or handle

5

alcoholic liquor in any establishment where alcoholic liquors

6

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

7

violation of the laws relating to the operation of motor

8

vehicles by minors.

9

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

10

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

11

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

12

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

13

occupations shall, from time to time, after public hearing

14

thereon, be determined and declared by the Industrial Board of

15

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

16

should be hereafter held by the courts of this Commonwealth that

17

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

18

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

19

to affect or impair the remaining provisions of this section.

20

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

21

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

22

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

23

read:

24

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

25

hereby authorized to issue special permits for the employment of

26

minors seven and under eighteen years of age in theatrical

27

productions, musical recitals or concerts, entertainment acts,

28

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

29

similar forms or media of entertainment in Pennsylvania where

30

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

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1

well-being, except as follows:

2

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

3

hour of eleven-thirty in the evening.

4

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

5

or establishment where alcoholic beverages are sold or

6

dispensed.

7

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

8

sparring or wrestling match or exhibition or in an acrobatic or

9

other act, performance or exhibition hazardous to his safety or

10

well-being.

11

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

12

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

13

week.

14

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

15

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

16

for the temporary employment of minors as part of the performing

17

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

18

determines that adequate provision has been made for the

19

educational instruction, supervision, health and welfare of the

20

minor. Unless the department determines that more restrictive

21

conditions are necessary, special permits authorized by this

22

subsection shall authorize minors to work as part of the

23

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

24

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

25

on call shall be excluded from any calculation of the maximum

26

number of hours authorized by this subsection if the department

27

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

28

education, supervision and welfare during such intervals. The

29

department may restrict the number of hours which may be spent

30

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

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1

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

2

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

3

employment authorized by this subsection, if the department

4

determines that such waiver is necessary to preserve the

5

artistic integrity of the motion picture and further determines

6

that such waiver will not impair the educational instruction,

7

supervision, health and welfare of the minor. Special permits

8

authorized by this subsection shall be valid for a period of

9

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

10

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

11

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

12

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

13

this section shall be construed to supersede or repeal in part

14

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

15

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

16

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

17

section for a minor who participates in a nonprofit,

18

educational, theatrical production if there is informed, written

19

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

20

period of no more than fourteen consecutive days; if the

21

participation is not during school hours; and if the minor

22

receives no direct or indirect remuneration. All other existing

23

limitations of this section shall remain applicable.

24

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

25

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

26

starting and finishing such rehearsals added to performance

27

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

28

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

29

finishing same shall be set forth in the application as provided

30

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

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1

rehearsal time is permissible.

2

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

3

repeal any provisions of this act unless and until such special

4

permit is issued for any such performance or series of

5

performances.

6

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

7

provided by the Department of Labor and Industry. Such forms

8

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

9

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

10

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

11

application are true and correct. The application shall state

12

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

13

educational instruction, supervision, health and welfare and the

14

safeguarding and conservation for the minor of the moneys

15

derived from such performances. No special permit shall be

16

issued for any performance where there is no adequate provision

17

for such educational instruction, supervision, health and

18

welfare and the safeguarding and conservation for the minor of

19

the moneys derived from such performances.

20

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

21

Department of Labor and Industry shall be to the Industrial

22

Board which will hold a hearing on same.]

23

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

24

this section if the minor models or renders artistic or creative

25

services in theater, radio, television, movies, the Internet,

26

publications or a medium that may be transmitted to an audience

27

and if a minor receives remuneration for the performance, but

28

does not include the minor's participation in reality or

29

documentary programs.

30

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

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1

requirements are satisfied:

2

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

3

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

4

safety of the minor.

5

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

6

subsection (e) and contained in regulations promulgated by the

7

department.

8

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

9

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

10

and performances) or 6312 (relating to sexual abuse of

11

children).

12

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

13

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

14

sound of the minor at all times.

15

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

16

months from its issuance, upon presentment of the following

17

information in an application prescribed by the department:

18

(1)  If a minor is subject to compulsory education

19

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

20

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

21

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

22

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

23

card.

24

(2)  Verification of the minor's age.

25

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

26

application shall indicate the parent's or guardian's

27

permission.

28

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

29

performance must possess a permit to employ minors issued by the

30

department. The department shall issue a permit to employ minors

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1

upon the employer's providing to the department proof of

2

workers' compensation coverage. The permit to employ minors

3

shall be valid for three years. The employer shall be required

4

to pay a fee set by the department, but not to exceed three

5

hundred fifty ($350.00) dollars for initial registration and two

6

hundred ($200.00) dollars for renewal.

7

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

8

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

9

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

10

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

11

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

12

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

13

morning.

14

(2)  The department may waive or modify the restrictions

15

contained in this section if the department reasonably

16

determines: the parent or guardian approves of the waiver, the

17

waiver will not impair the educational instruction of the minor;

18

and the waiver will not compromise the health or safety of the

19

minor.

20

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

21

a performance unless a licensed physician provides written

22

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

23

in his medical opinion:

24

(i)  The infant was carried to full term.

25

(ii)  The infant was of normal birth weight.

26

(iii)  The infant is physically capable of handling the

27

requirements of the performance.

28

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

29

sufficiently developed to withstand any potential risks.

30

(4)  The department may promulgate further regulations

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1

governing the working hours for minors under this section.

2

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

3

requirements as set forth in the Pennsylvania School Code, or

4

the requirements of the state in which the minor performer

5

resides. A minor who has not completed such requirements shall

6

be subject to paragraph (2).

7

(2)  An employer employing, either directly or indirectly

8

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

9

thirty day period shall provide a teacher who has credentials

10

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

11

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

12

This requirement shall apply beginning on the second day that

13

the minor renders services for that employer and shall continue

14

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

15

is rendering services. A minor receiving instruction from a

16

teacher provided pursuant to this provision shall not be

17

declared absent from school while working under the permit

18

requirement in accordance with this section. The requirements of

19

this section shall only be applicable when school is in session

20

and the minor is not receiving educational instruction at his

21

regular school due to his employment schedule.

22

(3)  A minor receiving educational instruction under this

23

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

24

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

25

enrollment to fulfill the educational requirements.

26

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

27

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

28

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

29

pursuant to the requirements described in the section, unless

30

the minor is able to attend his regular school.

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1

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

2

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

3

least one teacher for every ten minors unless the minors are

4

within two grade levels, in which case the employer shall

5

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

6

(6)  School districts shall have the authority, in

7

cooperation with the Department of Education and the parent or

8

guardian of the minor, to develop alternative methods by which

9

minors may satisfy their educational requirements at times

10

outside the normal school day.

11

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

12

employment, except when the period of employment is longer than

13

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

14

percent of gross earnings to the custodian or trustee of the

15

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

16

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

17

the employment is longer than thirty days, the employer shall

18

make the required transfer every payroll period.

19

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

20

fifteen days of commencement of employment of the existence of a

21

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

22

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

23

then the minor's employer shall transfer such monies together

24

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

25

Treasurer for placement into an account for the benefit of the

26

minor.

27

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

28

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

29

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

30

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

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1

terminate when the minor reaches eighteen years of age.

2

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

3

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

4

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

5

account has previously been established. Once the trust account

6

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

7

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

8

any additional information required by the employer to comply

9

with this subsection.

10

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

11

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

12

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

13

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

14

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

15

transfer more than fifteen percent of the gross earnings to the

16

child performer's trust account.

17

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

18

the child performer trust account.

19

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

20

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

21

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

22

serve as trustee of the account.

23

(3)  The minor may terminate the child performer trust

24

account upon reaching the age of eighteen.

25

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

26

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

27

documentary program if the following conditions are met:

28

(1)  Participation in the reality or documentary program is

29

not hazardous to the health and safety of the minor.

30

(2)  Participation would not constitute a violation of 18

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1

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

2

and performances) or 6312 (relating to sexual abuse of

3

children).

4

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

5

family receive compensation, either in monetary or non-monetary

6

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

7

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

8

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

9

Industry. For the purposes of this subsection, the following

10

terms shall have the following meanings:

11

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

12

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

13

(2)  "Compensation" shall not include reimbursement for

14

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

15

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

16

subject of the reality or documentary program or the minor

17

participates in the filming of the reality or documentary

18

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

19

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

20

conditions:

21

(1)  The department determines that adequate provision has

22

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

23

health and safety.

24

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

25

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

26

session, unless the minor has met the compulsory education

27

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

28

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

29

begin before 5 o'clock in the morning.

30

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

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1

a day or forty-eight hours in a week.

2

(4)  The department may waive or modify the restrictions

3

contained in this section if the department reasonably

4

determines:

5

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

6

program.

7

(ii)  The parent or guardian approves the waiver.

8

(iii)  The waiver will not impair the educational instruction

9

of the minor.

10

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

11

the minor.

12

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

13

with the following:

14

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

15

the person or entity responsible for filming and the parent or

16

guardian.

17

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

18

minor.

19

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

20

of the minor's participation.

21

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

22

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

23

documentary program.

24

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

25

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

26

will participate.

27

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

28

entity responsible for filming.

29

(vii)  Contain proof of workers' compensation insurance by

30

the person or entity responsible for filming in accordance with

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1

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

2

Compensation Act.

3

(viii)  Contain a description of the compensation for the

4

minor's participation.

5

(ix)  Satisfy the requirements of section 7.1 regarding the

6

preservation of the minor's earnings.

7

(x)  Where participation in the reality or documentary

8

program necessitates the minor's absence from his regular

9

school, satisfy the education and schooling requirements of

10

section 7.1.

11

(xi)  Additional requirements determined by the department.

12

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

13

participation in a church, public or religious school, community

14

or charitable filming activity, for which no admission fee is

15

charged.

16

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

17

participation in the reality or documentary program for which it

18

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

19

a reality or documentary program and the participation of the

20

minor to ensure:

21

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

22

(2)  The educational instruction of the minor is not

23

impaired.

24

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

25

a trust in accordance with section 7.1(g).

26

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

27

apply to news gathering activities or game shows.

28

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

29

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

30

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

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1

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

2

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

3

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

4

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

5

accessible to any attendance officer, deputy factory inspector,

6

or other authorized inspector or officer charged with the

7

enforcement of this act, an employment certificate as

8

hereinafter provided, issued for said minor.

9

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

10

a transferable work permit instead of an employment certificate

11

from the appropriate issuing official. All transferable work

12

permits shall be valid for the entire period the minor is 

13

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

14

shall ensure that the minors have valid transferable work

15

permits in accordance with sections 17 and 17.1.

16

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

17

7.1 and 7.5, application for the employment certificate must be

18

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

19

for whom such employment certificate or transferable work permit

20

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

21

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

22

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

23

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

24

such person may execute a statement before a notary public or

25

other person authorized to administer oaths attesting to the

26

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

27

prescribed by the Department of Education, which statement shall

28

be attached to the application. No employment certificate shall

29

be issued until the said minor has personally appeared before,

30

and been examined by, the officer issuing the certificate,

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1

except that where the applicant is a graduate of an accredited

2

high school and exhibits official proof of such graduation, no

3

personal appearance or countersigned application shall be

4

required.

5

Section 7.  This act shall take effect in 60 days.

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