STAND. COM. REP. NO. 2566

Honolulu, Hawaii

RE: S.B. No. 3044

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 3044, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE EMPLOYMENT OF A MINOR,"

begs leave to report as follows:

The purpose and intent of this measure is to require an on-set child welfare advocate to accompany and supervise a minor employed for theatrical purposes whenever the minor is on set and a variance from the work hour restrictions to allowable theatrical employment is granted.

Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i; International Alliance of Theatrical Stage Employees, ALF-CIO, CLC, Local 884, The Studio Teachers and Welfare Workers; International Alliance of Theatrical Stage Employees, ALF-CIO, CLC, Local 665, Technicians for Film, Television, Stage and Production; and four individuals. Your Committee received comments on this measure from the Department of Human Services.

Your Committee finds that Hawaii does not require a set teacher whenever a minor is employed for theatrical purposes, whereas such a requirement is commonplace in California. Your Committee finds that this measure enhances the existing Hawaii Child Labor Laws to ensure that child actors receive an adequate education while also being protected from dangerous filming situations and possible exploitation or abuse of child labor laws.

Your Committee further finds that while "on-set child welfare advocate" may be a term used within the film and theater industry, it may be confused with child welfare workers who work with protective services for children who have been neglected or abused; therefore, your Committee believes another term is necessary to describe the adult responsible for accompanying, supervising, and advocating for a minor on set.

Accordingly, your Committee has amended this measure by:

(1) Replacing the term "on-set child welfare advocate" with "on-set teacher";

(2) Specifying that the on-set teacher shall advocate on behalf of the theatrically employed minor; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3044, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3044, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair