Bill Text: PA HB1548 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulating child labor; conferring powers and duties on the Department of Labor and Industry and the Department of Education; imposing penalties; and making a repeal.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-10-24 - Act No. 151 [HB1548 Detail]

Download: Pennsylvania-2011-HB1548-Amended.html

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PRIOR PRINTER'S NOS. 1899, 2087 PRINTER'S NO. 2183
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1548 Session of2011
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, WHITE, CULVER, GILLEN, KAMPF, KULA, SCHRODER, O'NEILL, KIRKLAND, LAWRENCE, DELISSIO, PRESTON, BUXTON, GRELL, BISHOP AND DAVIDSON, MAY 18, 2011
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 22, 2011
AN ACT
Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as
amended, "An act to provide for the health, safety, and
welfare of minors: By forbidding their employment or work in
certain establishments and occupations, and under certain
specified ages; by restricting their hours of labor, and
regulating certain conditions of their employment; by
requiring employment certificates or transferable work
permits for certain minors, and prescribing the kinds
thereof, and the rules for the issuance, reissuance, filing,
return, and recording of the same; by providing that the
Industrial Board shall, under certain conditions, determine
and declare whether certain occupations are within the
prohibitions of this act; requiring certain abstracts and
notices to be posted; providing for the enforcement of this
act by the Secretary of Labor and Industry, the
representative of school districts, and police officers; and
defining the procedure in prosecutions thereunder, and
establishing certain presumptions in relation thereto;
providing for the issuance of special permits for minors
engaging in the entertainment and related fields; providing
penalties for the violation of the provisions thereof; and
repealing all acts or parts of acts inconsistent therewith,"
further providing for definitions, for regulated employment,
for employment of children at establishments where alcoholic
beverages or malt liquor is sold and for permits; imposing
duties on the department; further providing for educational
requirements and for prohibitions regarding work hours;
providing for transfers to minor child performer trust
accounts and for revocation of permit; and further providing <--
for employment certificate.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of May 13, 1915 (P.L.286,
No.177), known as the Child Labor Law, is amended by adding
definitions to read:
Section 1. * * *
The term "department" when used in this act, shall mean the
Department of Labor and Industry of the Commonwealth.
The term "documentary program" when used in this act, shall
mean a genre of motion picture program, including programming
for television, that depicts or portrays a nonfiction story and
may present an opinion or a specific message along with factual
material.
The term "minor" when used in sections 7.1 and 7.5 of this <--
act shall mean a person under the age of 18 who is required to
attend school under the act of March 10, 1949 (P.L.30, No.14),
known as the "Public School Code of 1949," or the education code
of the person's state of residence.
The term "reality program" when used in this act, shall mean
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a genre of program that principally presents unscripted
situations, dialogue and actions depicting or portraying actual
events and generally features ordinary people and not
professional actors.
Section 2. Section 4 of the act, amended December 9, 2002
(P.L.1347, No.161), is amended to read:
Section 4. [No] Except as provided in this section and
sections 7.1 and 7.5, no minor under eighteen years of age shall
be employed or permitted to work in, about, or in connection
with any establishment, or in any occupation, for more than six
consecutive days in any one week, or more than forty-four hours
in any one week, or more than eight hours in any one day:
Provided, That messengers employed by telegraph companies at
offices where only one such minor is employed as a messenger in
which case such minor shall not be employed for more than six
consecutive days in any one week, or more than fifty-one hours
in any one week, or more than nine hours in any one day: And
provided further, That no minor under eighteen years of age, who
is enrolled in regular day school and working outside school
hours, shall be employed or permitted to work for more than
twenty-eight hours during a school week.
[No] Except as provided in this section and sections 7.1 and
7.5, no minor under sixteen years of age shall be employed or
permitted to work in, about, or in connection with, any
establishment or in any occupation before seven o'clock in the
morning or after seven o'clock in the evening of any day except
during school vacation period from June to Labor Day when such
minor may work between the hours of seven o'clock in the morning
and ten o'clock in the evening nor shall such a minor who is
enrolled in school and working outside school hours be employed
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or permitted to work in, about, or in connection with, any
establishment or in any occupation more than four hours on a
school day, or more than eight hours on any other day, or more
than eighteen hours during a school week: Provided, That,
students fourteen years of age and over whose employment is part
of a recognized school-work program, supervised by a recognized
school authority, may be employed for hours which, combined with
the hours spent in school, do not exceed eight a day: And
further provided, That a minor under sixteen years of age
employed on a farm by a person other than the farmer in the
hatching, raising or harvesting of poultry may be employed or
permitted to work until 10 o'clock in the evening as long as the
minor is not working in an agricultural occupation declared
hazardous by the United States Secretary of Labor.
[No] Except as provided in this section and sections 7.1 and
7.5, no minor under eighteen years of age shall be employed or
permitted to work for more than five hours continuously in,
about, or in connection with, any establishment without an
interval of at least thirty minutes for a lunch period and no
period of less than thirty minutes shall be deemed to interrupt
a continuous period of work.
[No] Except as provided in this section and sections 7.1 and
7.5, no minor under eighteen years of age shall be employed or
permitted to work in, about, or in connection with, any
establishment between the hours of twelve in the evening and six
in the morning if such minor is enrolled in regular day school:
Provided, That, minors sixteen and seventeen years of age may be
employed until, but not after, one o'clock in the morning on
Fridays and Saturdays, and on days preceding a school vacation
occurring during the school year, excepting the last day of such
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vacation period.
Notwithstanding any other provision of this section, a minor
who is sixteen or seventeen years of age who is employed during
the months of June, July, August or September by a summer
resident camp or a conference or retreat operated by a religious
or scout organization shall receive one day of rest (twenty-four
consecutive hours of rest) during every seven-day period:
Provided, That this paragraph shall not apply to a minor
employed primarily for general maintenance work or food service
activities.
Section 3. Section 5 of the act, amended December 15, 1999
(P.L.946, No.67), is amended to read:
Section 5. No minor under sixteen years of age shall be
employed or permitted to work in, about, or in connection with,
any manufacturing or mechanical occupation or process; nor on
scaffolding; nor in heavy work in the building trades; nor in
stripping or assorting tobacco; nor in any tunnel; nor upon any
railroad, steam, electric or otherwise; nor upon any boat
engaged in the transportation of passengers or merchandise; nor
in operating motor-vehicles of any description; nor in any
anthracite or bituminous coal-mine, or in any other mine.
No minor under eighteen years of age shall be employed or
permitted to work in the operation or management of hoisting
machines, in oiling or cleaning machinery, in motion; at switch-
tending, at gate-tending, at track-repairing; as a brakeman,
fireman, engineer, or motorman or conductor, upon a railroad or
railway; as a pilot, fireman, or engineer upon any boat or
vessel; in the manufacture of paints, colors or white lead in
any capacity; in preparing compositions in which dangerous leads
or acids are used; in the manufacture or use of dangerous or
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poisonous dyes; in any dangerous occupation in or about any
mine; nor in or about any establishment wherein gunpowder,
nitroglycerine, dynamite, or other high or dangerous explosive
is manufactured or compounded: Provided, That minors age
fourteen and over may operate power lawn mowing equipment: And
provided further, That such minors may be employed in bowling
centers as snack bar attendants, porters, control desk clerks
and scorer attendants: And provided further, That such minors
may work where such chemicals, compounds, dyes and acids are
utilized in the course of experiments and testing procedures, in
such circumstances and under such conditions and safeguards as
may be specified by rule or regulation of the Department of
Labor and Industry.
No minor under eighteen years of age shall be employed or
permitted to work in, about, or in connection with, any
establishment where alcoholic liquors are distilled, rectified,
compounded, brewed, manufactured, bottled, sold, or dispensed;
nor in a pool or billiard room: Provided, That male or female
minors sixteen years of age and over may be employed and
permitted to work that part of a motel, restaurant, club or
hotel in which liquor or malt or brewed beverages are not
served: And, provided further, That minors sixteen years of age
and over may be employed to serve food, clear tables and perform
other duties, not to include the dispensing or serving of
alcoholic beverages, in any licensed establishment whose sales
of food and nonalcoholic beverages are equal to forty per cent
or more of the combined gross sales of both food and alcoholic
beverages. Before employing any minor sixteen years of age and
over, any establishment licensed by the Liquor Control Board
shall furnish to the school district official authorized to
20110HB1548PN2183 - 6 -
issue employment certificates a certification that, for a period
of not less than ninety consecutive days during the twelve
months immediately preceding the date of application, the sales
of food and nonalcoholic beverages by the employer at the
licensed premises were equal to or exceeded forty per cent of
the combined gross sales of food, nonalcoholic and alcoholic
beverages in conformity with the requirements set forth in
Regulation 141 of the Liquor Control Board governing the sale of
alcoholic beverages on Sunday. Nothing in this section shall
prevent the filming of a minor in a hotel, club, restaurant or
other dining or recreational facility as a part of a performance
in accordance with the provisions of section 7.1 or 7.5, in a <--
hotel, club, restaurant or other dining or recreational
facility.
Nothing in this section should be construed as prohibiting
minors fourteen and fifteen years of age to be employed at ski
resorts, golf courses and amusement parks, or other similar
recreational establishments as long as they are not permitted to
serve or handle alcoholic beverages and as long as they do not
work in [any room] an area in which alcohol is being served or
stored.
No minor shall be employed or permitted to serve or handle
alcoholic liquor in any establishment where alcoholic liquors
are sold or dispensed; nor be employed or permitted to work in
violation of the laws relating to the operation of motor
vehicles by minors.
In addition to the foregoing, it shall be unlawful for any
minor under eighteen years of age to be employed or permitted to
work in any occupation dangerous to the life or limb, or
injurious to the health or morals, of the said minor, as such
20110HB1548PN2183 - 7 -
occupations shall, from time to time, after public hearing
thereon, be determined and declared by the Industrial Board of
the Department of Labor and Industry: Provided, That if it
should be hereafter held by the courts of this Commonwealth that
the power herein sought to be granted to the said board is for
any reason invalid, such holding shall not be taken in any case
to affect or impair the remaining provisions of this section.
Section 4. Section 7.1 of the act, amended or added August
23, 1961 (P.L.1107, No.494), December 21, 1988 (P.L.1908,
No.192) and December 21, 1998 (P.L.1242, No.158), is amended to
read:
Section 7.1. [(a) The Department of Labor and Industry is
hereby authorized to issue special permits for the employment of
minors seven and under eighteen years of age in theatrical
productions, musical recitals or concerts, entertainment acts,
modeling, radio, television, motion picture making, or in other
similar forms or media of entertainment in Pennsylvania where
the performance of such minor is not hazardous to his safety or
well-being, except as follows:
(1) No such minor shall be permitted to perform after the
hour of eleven-thirty in the evening.
(2) No such minor shall be permitted to perform in any place
or establishment where alcoholic beverages are sold or
dispensed.
(3) No such minor shall be permitted to perform in a boxing,
sparring or wrestling match or exhibition or in an acrobatic or
other act, performance or exhibition hazardous to his safety or
well-being.
(4) No such minor shall appear in more than two performances
in any one day nor in more than eight performances in any one
20110HB1548PN2183 - 8 -
week.
(a.1) In addition to any permit authorized by subsection
(a), the department shall be authorized to issue special permits
for the temporary employment of minors as part of the performing
cast in the production of a motion picture, if the department
determines that adequate provision has been made for the
educational instruction, supervision, health and welfare of the
minor. Unless the department determines that more restrictive
conditions are necessary, special permits authorized by this
subsection shall authorize minors to work as part of the
performing cast for forty-four hours in any one week and eight
hours in any one day. Time spent on the set or on location while
on call shall be excluded from any calculation of the maximum
number of hours authorized by this subsection if the department
determines that adequate provision has been made for the child's
education, supervision and welfare during such intervals. The
department may restrict the number of hours which may be spent
on call by the minor. The department may waive, in whole or in
part, restrictions contained in this act and in any other act,
on the time of day or night allowed for engaging in the
employment authorized by this subsection, if the department
determines that such waiver is necessary to preserve the
artistic integrity of the motion picture and further determines
that such waiver will not impair the educational instruction,
supervision, health and welfare of the minor. Special permits
authorized by this subsection shall be valid for a period of
time not to exceed six months. An issued permit shall state that
no minor, allowed under the permit to be temporarily employed,
may be allowed on a set during, or may otherwise watch, the
filming or rehearsal for filming of any sexual act. Nothing in
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this section shall be construed to supersede or repeal in part
18 Pa.C.S. § 5903 (relating to obscene and other sexual
materials) or 6312 (relating to sexual abuse of children).
(a.2) A special permit shall not be required under this
section for a minor who participates in a nonprofit,
educational, theatrical production if there is informed, written
consent of a parent or guardian; if the participation is for a
period of no more than fourteen consecutive days; if the
participation is not during school hours; and if the minor
receives no direct or indirect remuneration. All other existing
limitations of this section shall remain applicable.
(b) Rehearsals for performances as set forth in this section
shall be permitted, providing the length of time and hours of
starting and finishing such rehearsals added to performance
duties are not such as to be injurious or harmful to the minor.
Rehearsal time, if any, expected and the hours of starting and
finishing same shall be set forth in the application as provided
in this section, and the special permit issued shall state what
rehearsal time is permissible.
(c) Nothing in this section shall be deemed to supersede or
repeal any provisions of this act unless and until such special
permit is issued for any such performance or series of
performances.
(d) Application forms shall be in such form as shall be
provided by the Department of Labor and Industry. Such forms
shall be signed by both the employer of the minor and the parent
or guardian of the minor, and shall contain the seal of a notary
public and a statement that the facts as set forth in the
application are true and correct. The application shall state
what provisions are in effect to provide for the minor's
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educational instruction, supervision, health and welfare and the
safeguarding and conservation for the minor of the moneys
derived from such performances. No special permit shall be
issued for any performance where there is no adequate provision
for such educational instruction, supervision, health and
welfare and the safeguarding and conservation for the minor of
the moneys derived from such performances.
(e) Appeals of any decision under this section made by the
Department of Labor and Industry shall be to the Industrial
Board which will hold a hearing on same.]
(a) The Department of Labor and Industry is hereby
authorized to issue a special work permit to a minor who renders
artistic or creative services in theater, radio, television,
movies, the Internet, publications or a medium that may be
transmitted to an audience and the minor receives remuneration
for the performance.
(b) A minor may engage in a performance if the following
requirements are satisfied:
(1) The minor has a valid permit issued by the department.
(2) The performance is not hazardous to the health and
safety of the minor.
(3) The minor's performance is limited to hours specified in
subsection (e) and those established in regulations promulgated
by the department.
(4) The performance would not constitute a violation of 18
Pa.C.S. § 5903 (relating to obscene and other sexual materials
and performances) or 6312 (relating to sexual abuse of
children).
(5) A minor who is under sixteen years of age must be
accompanied by a parent or guardian who must be within sight or
20110HB1548PN2183 - 11 -
sound of the minor at all times.
(c) The department shall issue a permit, valid for six
months from its issuance, upon presentment of the following
information in an application prescribed by the department:
(1) If a minor is subject to compulsory education
requirements, a letter or other document from the minor's school
or school district indicating that the minor is a pupil in good
standing. If the application is made while school is not in
session, the minor must present his or her most recent report
card.
(2) Verification of the minor's age.
(3) Permission of a parent or guardian; signature on the
application shall indicate the parent's or guardian's
permission.
(d) An employer who employs one or more minors in a
performance must possess a permit to employ minors issued by the
department. The department shall issue a permit to employ minors
upon the employer's providing to the department proof of
workers' compensation coverage, if required. The permit to
employ minors shall be valid for three years. The employer shall
be required to pay a fee set by the department, but not to
exceed three hundred fifty ($350.00) dollars for initial
registration and two hundred ($200.00) dollars for renewal <--
subsequent registration. <--
(e) (1) A minor is prohibited from working more than eight
hours in any workday or more than forty-eight hours in one week.
A minor may not work past ten o'clock on the night before a
school day or past twelve-thirty in the morning on other nights,
and a minor may not work before five o'clock in the morning.
(2) The department may waive or modify the restrictions
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contained in this subsection if the department reasonably
determines: the parent or guardian approves of the waiver, the
waiver will not impair the educational instruction of the minor;
and the waiver will not compromise the health or safety of the
minor.
(3) No infant under the age of one month may be employed in
a performance unless a licensed physician provides written
certification that the infant is at least fifteen days old and,
in his medical opinion:
(i) The infant was carried to full term.
(ii) The infant was of normal birth weight.
(iii) The infant is physically capable of handling the
requirements of the performance.
(iv) The infant's lungs, eyes, heart and immune system are
sufficiently developed to withstand any potential risks.
(4) The department may promulgate further regulations
governing the working hours for minors under this subsection.
(f) (1) A minor performer shall fulfill educational
requirements as set forth in the Pennsylvania School Code, act <--
of March 10, 1949 (P.L.30, No.14), known as the "Public School
Code of 1949," or the requirements of the state in which the
minor performer resides. A minor who has not completed such
requirements shall be subject to paragraph (2).
(2) An employer employing, either directly or indirectly
through a third person, a minor for two three or more school <--
days in a thirty day period shall provide a teacher who has
credentials issued by the Department of Education, a state
recognized by the Department of Education, or a state in which
the minor resides. This requirement shall apply beginning on the
second day that the minor renders services for that employer and
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shall continue on each day thereafter that school the school of <--
the minor's place of residence is in session and the minor is
rendering services. A minor receiving instruction from a teacher
provided pursuant to this provision shall not be declared absent
from school while working under the permit requirement in
accordance with this section. The requirements of this section
shall only be applicable when school is in session and the minor
is not receiving educational instruction at his regular school
due to his employment schedule.
(3) A minor receiving educational instruction under this
section, and such minor's parent or guardian, shall work with
the teacher provided to the minor and the minor's school of
enrollment to fulfill the educational requirements.
(4) If there is a hiatus in a production that employs a
minor under this section, a teacher shall be provided to the
minor during the hiatus for periods when school is in session,
pursuant to the requirements described in the section, unless
the minor is able to attend his regular school.
(5) Where this section requires that an employer provide a
teacher to a minor, the employer shall provide a ratio of at
least one teacher for every ten minors unless the minors are
within two grade levels, in which case the employer shall
provide a ratio of at least one teacher for every twenty minors.
(6) School districts shall have the authority, in
cooperation with the Department of Education and the parent or
guardian of the minor, to develop alternative methods by which
minors may satisfy their educational requirements at times
outside the normal school day. Alternative methods under this
paragraph shall be no more restrictive than those set forth in
this section.
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(g) (1) (i) Within thirty days following the final day of
employment, except when the period of employment is longer than
thirty days, a minor's employer is required to transfer fifteen
percent of gross earnings to the custodian or trustee of the
minor's trust account established under 20 Pa.C.S. Ch. 53
(relating to Pennsylvania Uniform Transfers to Minors Act) or an <--
account previously established under a similar law in another
state. When the employment is longer than thirty days, the
employer shall make the required transfer every payroll period.
(ii) If the minor's employer has not been notified within
fifteen days of commencement of employment of the existence of a
trust account established under 20 Pa.C.S. Ch. 53, or no such
account has been established by the minor's parent or guardian,
then the minor's employer shall transfer such monies together
with the minor's name and last known address to the State
Treasurer for placement into an account for the benefit of the
minor.
(iii) Once the transfers have been made to the trust account
established under 20 Pa.C.S. Ch. 53 or the treasurer's account,
the minor's employer has no further duty under this subsection.
(iv) The employer's obligations under this subsection shall
terminate when the minor reaches eighteen years of age.
(2) (i) Within fifteen days of the commencement of
employment, the minor's parent or guardian must establish a
trust account in accordance with 20 Pa.C.S. Ch. 53, unless an
account has previously been established in this Commonwealth or <--
under a similar law in another state. Once the trust account has
been established, the minor's parent or guardian shall notify
the minor's employer of the existence of the account and any
additional information required by the employer to comply with
20110HB1548PN2183 - 15 -
this subsection.
(ii) The trustee of the account shall promptly notify the
minor's employer of a change in facts that affects the
employer's obligation to set aside funds under this subsection.
(iii) Upon written request of the minor's parent or
guardian, the trustee may require the minor's employer to
transfer more than fifteen percent of the gross earnings to the
child performer's trust account.
(iv) The minor's parent or guardian may serve as trustee of
the child performer trust account.
(v) Once the minor's trust account balance reaches one
hundred-fifty thousand ($150,000.00) dollars or more, a trust
company shall be appointed by the minor's parent or guardian to
serve as trustee of the account.
(3) The minor may terminate the child performer trust
account upon reaching the age of eighteen.
(h) Nothing in this section shall be construed to require a
permit for a minor's participation in a church, school,
community or charitable activity, for which the minor receives
no compensation or remuneration.
Section 5. The act is amended by adding a section sections <--
to read:
Section 7.5. (a) A minor may participate in a reality or
documentary program if the following conditions are met:
(1) Participation in the reality or documentary program is
not hazardous to the health and safety of the minor.
(2) Participation would not constitute a violation of 18
Pa.C.S. § 5903 (relating to obscene and other sexual materials
and performances) or 6312 (relating to sexual abuse of
children).
20110HB1548PN2183 - 16 -
(b) Where a minor or one or more members of the minor's
family receive compensation, either in monetary or non-monetary <--
form, for that expressly depends upon the minor's participation <--
in a reality or documentary program and the minor's
participation is substantial, the minor shall have a valid
permit issued by the Department of Labor and Industry. For the
purposes of this subsection, the following terms shall have the
following meanings:
(1) "Family" shall mean members of a minor's immediate
family, including the minor's mother, father, brother or sister.
(2) "Compensation" shall include one or more monetary <--
payments, but shall not include reimbursement for expenses
incurred by the minor or the minor's family, any prize or goods <--
or services received in connection with the program with a value
less than $2,500.
(3) "Substantial" shall mean the minor is a principal
subject of the reality or documentary program or the minor
participates in the filming of the reality or documentary
program for ten (10) or more days in a thirty (30) day period.
(c) The department shall issue a permit under the following
conditions:
(1) The department determines that adequate provision has
been made for the minor's educational instruction, supervision,
health and safety.
(2) The minor may not work past ten o'clock on the night
before a school day or past twelve-thirty in the morning on
other nights, and a minor may not work before five o'clock in
the morning.
(3) The minor's participation does not exceed eight hours in
a day or forty-eight hours in a week.
20110HB1548PN2183 - 17 -
(4) The department may waive or modify the restrictions
contained in this section if the department reasonably
determines:
(i) The waiver is necessary in light of the nature of the
program.
(ii) The parent or guardian approves the waiver.
(iii) The waiver will not impair the educational instruction
of the minor.
(iv) The waiver will not compromise the health or safety of
the minor.
(5) The application for a minor's work permit must comply
with the following:
(i) Be made on a form issued by the department and signed by
the person or entity responsible for filming and the parent or
guardian.
(ii) State the legal name, address and date of birth of the
minor.
(iii) State the name and type of production and the nature
of the minor's participation.
(iv) State the name and address of the parent or guardian
who will supervise the minor's participation in the reality or
documentary program.
(v) State the dates of the minor's expected participation,
hours of the minor's participation and length of time the minor
will participate.
(vi) State the name and contact information of the person or
entity responsible for filming.
(vii) Contain proof of workers' compensation insurance by
the person or entity responsible for filming in accordance with
the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
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Compensation Act, if required.
(viii) Contain a description of the compensation for the
minor's participation.
(ix) Satisfy If applicable, satisfy the requirements of <--
section 7.1 regarding the preservation of the minor's earnings.
(x) Where participation in the reality or documentary
program necessitates the minor's absence from his regular
school, satisfy the education and schooling requirements of
section 7.1.
(xi) Additional requirements determined by the department. <--
(d) (Reserved).
(e) A work permit is valid for the duration of the minor's <--
participation in the reality or documentary program for which it
is issued. The department shall may, on a semi-annual basis, <--
review a reality or documentary program and the participation of
the minor to ensure:
(1) The minor's health and safety is protected.
(2) The educational instruction of the minor is not
impaired.
(3) The minor's earnings, if any, are properly preserved in
a trust in accordance with section 7.1(g).
(f) The work permit requirements of this section shall not <--
apply to news gathering activities or game shows.
(g) Nothing in this section shall be construed to require a
permit for a minor's participation in a church, school,
community or charitable activity, for which the minor receives
no compensation or remuneration.
Section 7.6. (a) The department may revoke a special permit <--
if:
(1) there has been a violation of this act related to the
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employment of the minor in the performance;
(2) the permit application contained false, misleading and
substantially incorrect information or the applicant or minor is
no longer performing in accordance with the information provided
on the application;
(3) a condition of issuance of the permit is not being met;
or
(4) there is danger to the minor's health, safety or
welfare.
(b) The department may revoke a special permit under this
section without a hearing. Revocation may be appealed to the
Secretary of Labor and Industry, who shall conduct a hearing
subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A (relating to
judicial review of Commonwealth agency action). The revocation
may remain in effect until the Secretary of Labor and Industry
issues a decision.
Section 6. Sections 8 and 10 of the act, amended December
21, 1988 (P.L.1908, No.192), are amended to read:
Section 8. (a) [Before] Except as provided for in sections
7.1 and 7.5, before any minor under eighteen years of age shall
be employed, permitted or suffered to work in, about, or in
connection with, any establishment, or in any occupation, the
person employing such minor shall procure and keep on file, and
accessible to any attendance officer, deputy factory inspector,
or other authorized inspector or officer charged with the
enforcement of this act, an employment certificate as
hereinafter provided, issued for said minor.
(b) Any minor who has reached the age of sixteen may receive
a transferable work permit instead of an employment certificate
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from the appropriate issuing official. All transferable work
permits shall be valid for the entire period the minor is
eligible for work and is under the age of eighteen. The employer
shall ensure that the minors have valid transferable work
permits in accordance with sections 17 and 17.1.
Section 10. [Application] Except as provided for in sections
7.1 and 7.5, application for the employment certificate must be
made by the parent, guardian, or legal custodian of the minor
for whom such employment certificate or transferable work permit
is requested; or, if said minor have no parent, guardian, or
legal custodian, then by the next friend, who must be over
eighteen years of age. In lieu of the personal appearance of the
parent, guardian, legal custodian, or next friend of the minor,
such person may execute a statement before a notary public or
other person authorized to administer oaths attesting to the
accuracy of the facts set forth in the application on a form
prescribed by the Department of Education, which statement shall
be attached to the application. No employment certificate shall
be issued until the said minor has personally appeared before,
and been examined by, the officer issuing the certificate,
except that where the applicant is a graduate of an accredited
high school and exhibits official proof of such graduation, no
personal appearance or countersigned application shall be
required.
Section 7. This act shall take effect October 1, 2011.
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