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| PRIOR PRINTER'S NO. 1899 | PRINTER'S NO. 2087 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 14, 2011 |
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| AN ACT |
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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 |
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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 | <-- |
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 | <-- |
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. * * * | <-- |
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 | <-- |
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 | <-- |
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. |
|
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 | <-- |
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. |
|
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 | <-- |
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 | <-- |
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. |
|
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. | <-- |
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. |
|
1 | (d) A work permit is not required for a minor's | <-- |
2 | participation in a church, public or religious school, community |
3 | or charitable filming activity, for which no admission fee is |
4 | charged (Reserved). | <-- |
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 | <-- |
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 |
|
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, | <-- |
29 | 2011. |
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