STAND. COM. REP. NO. 3636

Honolulu, Hawaii

RE: H.B. No. 1959

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Labor, Culture and the Arts and Education, to which was referred H.B. No. 1959, H.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to require a studio teacher to accompany, supervise, and advocate on behalf of a minor whenever a minor, who is employed for theatrical purposes, is on set and a variance from the work hour restrictions on allowable theatrical employment has been granted by the director of labor and industrial relations.

Your Committees received testimony in support of this measure from the Department of Labor and Industrial Relations; International Alliance of Theatrical State Employees Mixed Local 665, AFL-CIO; Hawaii State Teachers Association; and eight individuals. Your Committees received comments on this measure from the Screen Actors Guild – American Federation of Television and Radio Artists.

Your Committees find that existing law does not require a studio teacher to be present on set when minors are engaged in theatrical employment. Theatrical employment in Hawaii is predominately in television or motion picture production with durations that range from a few hours to several months. Your Committees also note that a production company with a union agreement, i.e., the Screen Actors Guild, is required to have studio teachers present only after the third consecutive day of work.

Your Committees have heard the concerns of the International Alliance of Theatrical State Employees Mixed Local 665, AFL-CIO and the Hawaii State Teachers Association that this measure, as drafted, does not address the requirement for a studio teacher when a minor is under fourteen years of age. Amendments to this measure are therefore necessary to address this concern.

Accordingly, your Committees have amended this measure by deleting its contents and inserting the following provisions:

(1) Defining a theatrical employment minor as under the age of eighteen years;

(2) Requiring attendance of a basic life support certified nurse for a minor under one year old;

(3) Defining "studio teacher" as a teacher chosen by the employer and having a valid license to teach;

(4) Establishing a one to ten teacher/student ratio on set;

(5) Requiring the studio teacher and nurse not be the minor's parent or guardian;

(6) Requiring a parent or responsible adult designated by the parent accompany minors between one and five years old while on set; and

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

Your Committees note that the effective date is January 1, 2050, to encourage further discussion by your Committee on Judiciary.

As affirmed by the records of votes of the members of your Committees on Labor, Culture and the Arts and Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1959, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1959, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Labor, Culture and the Arts and Education,

________________________________ MICHELLE N. KIDANI, Chair

________________________________ BRIAN T. TANIGUCHI, Chair