SB670

SECTION 1. Section 390-2, Hawaii Revised Statutes, is amended to read as follows:

"§390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section. In no event, however, shall the minor be permitted to be employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation prohibited by law or which has been declared by rule of the director to be hazardous for the minor.

(b) A minor who has attained the age of sixteen years but not eighteen years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; provided that the employer of the minor records and keeps on file the number of a valid certificate of age issued to the minor by the department.

(1) During periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(2) If the employer of the minor procures and keeps on file a valid certificate of employment;

(3) No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period;

(4) Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the minor may be employed between 6:00 a.m. and 9:00 p.m.;

(5) No more than six consecutive days;

(6) No more than eighteen hours in a calendar week during which the minor is legally required to attend school, and no more than forty hours in a calendar week during which the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(7) No more than three hours on any school day; and

(8) No more than eight hours on any nonschool day.

(d) A minor under fourteen years of age may be employed or permitted to work [~~in theatrical employment or~~] in harvesting of coffee under circumstances and conditions prescribed by the director by rule; provided that:

(1) The work is performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school;

(2) [~~With respect to employment in harvesting of coffee, the~~] The director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and

(3) The employer of the minor procures and keeps on file a valid certificate of employment.

(e) A minor may be employed or permitted to work in theatrical employment under circumstances and conditions prescribed by the director by rule, provided that:

(1) The employer of the minor shall procure and keep on file a valid certificate of employment;

(2) The minor shall be accompanied by a parent or guardian and a studio teacher or nurse;

(3) When a minor who is under the age of one year is on set, a nurse certified in basic life support shall accompany, supervise, and advocate on behalf of the infant to ensure the employer's compliance with this section;

(4) When a minor who has attained the age of five years but not eighteen years is on set and the minor is required to attend school pursuant to section 302A‑1132 or by the law of the minor's home state:

(A) The work shall be performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; and

(B) A studio teacher shall accompany and supervise the minor to ensure the employer's compliance with this section and applicable rules adopted by the department pursuant to this chapter; and

(5) A studio teacher shall not supervise more than ten minors whenever one or more minors are on set and a variance from the work hour restrictions on allowable theatrical employment is granted by the director.

For purposes of this subsection:

"Nurse" means an individual who is a registered nurse or advance practice registered nurse licensed under chapter 457 and is not the parent or guardian of the minor whom the individual is accompanying on set.

"Studio teacher" means an individual who is designated by the employer, holds a valid license issued by the Hawaii teacher standards board or by the equivalent teacher-credentialing agency in the minor's home state, and not the parent or guardian of the minor whom the individual is accompanying on set."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2022.

INTRODUCED BY:	_____________________________

Report Title:

Minors; Infant; Employment; Theatrical Employment; Studio Teacher; Nurse

Description:

Allows minors to work in theatrical employment provided that the employer procures a valid certificate and the minor is accompanied by a parent or guardian and a studio teacher or nurse. Requires a nurse certified in basic life support to accompany, supervise, and advocate on behalf of an infant when an infant under the age one is on set. Requires a studio teacher to accompany and supervise minors who have attained the age of five years and are required to attend school. Defines "nurse" and "studio teacher". Takes effect 1/1/2022.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	670
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII