AN ACT CONCERNING THE PROTECTION OF CHILD PERFORMERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective January 1, 2010) As used in sections 1 to 9, inclusive, of this act:

(1) "Artistic or creative service" includes, but is not limited to, service as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, broadcaster, other performer or entertainer, songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor or designer but does not include interviews or participation in news stories;

(2) "Child performer" means any child under eighteen years of age who resides in and who agrees to render any artistic or creative service in this state, except (A) a child found by a court to be emancipated pursuant to section 46b-150 of the 2008 supplement to the general statutes, (B) who has graduated from high school, or (C) who is sixteen or seventeen years of age and has withdrawn from school in accordance with the provisions of section 10-184 of the general statutes;

(3) "Employer" means a person or entity that exhibits, uses or employs a child performer to furnish any artistic or creative service for a fee either directly or through a third-party provider, agency or service that provides artistic or creative services;

(4) "Child performer trust" means a trust, established in accordance with chapter 802c of the general statutes, for the benefit of a child performer; and

(5) "Gross earnings" means the total compensation prior to taxes, deductions or commissions payable to a child performer pursuant to a contract or, in the case of a third-party individual or personal services corporation, the total compensation paid to the third-party for the services of the child performer, except that where the child performer is employed as a musician, singer, songwriter, musical producer or arranger, "gross earnings" means the total compensation under the contract including advances, but excluding deductions to offset such advances or other expenses incurred by the employer pursuant to the contract.

Sec. 2. (NEW) (Effective January 1, 2010) (a) Except as otherwise provided in this section, a person exhibiting, using or employing or causing, procuring or consenting to the exhibition, use or employment of any child as a performer in any artistic or creative service shall comply with the provisions of this section, sections 3 to 8, inclusive, of this act and the regulations adopted pursuant to section 9 of this act. Such person shall comply with said sections and regulations regardless of whether such artistic or creative service occurs in a public or private place, an admission fee is charged or such child or any other person is to be compensated for the exhibition, use or employment of such child. Prior to employing a child performer in any artistic or creative service, a person shall obtain a certificate of eligibility pursuant to section 5 of this act. No person shall employ a child performer in any artistic or creative service unless the child holds a child performer permit pursuant to section 6 of this act.

(b) The provisions of subsection (a) of this section shall not apply to a child's participation in any performance that is (1) part of the regular services or activities of a church, academy or school; (2) the graduation exercises of any academy or school; (3) in a private home; (4) in a museum, library or religious, civic or educational institution; or (5) a radio or television broadcast for not more than two hours a week from the studio of a regularly licensed broadcasting company where the performance of the child is of a nonprofessional character and occurs during hours when attendance for educational instruction is not required in accordance with chapter 168 of the general statutes.

Sec. 3. (NEW) (Effective January 1, 2010) (a) Except as provided in subsection (b) of this section, a parent or any person having the care, custody or control of a child performer shall instruct or cause such child to be instructed in accordance with section 10-184 of the general statutes.

(b) (1) For purposes of this subsection, "employment schedule" means the time that a child performer is required to be present at the place of employment, excluding travel.

(2) If a child performer is unable to attend school for three or more consecutive days, or is unable to receive equivalent instruction in the studies taught in the public schools for three or more consecutive days, due to his or her employment schedule, the employer, either directly or indirectly through a third person, shall provide a teacher, who is either certified or has credentials recognized by this state, to the child performer to provide the educational instruction required under section 10-184 of the general statutes.

(c) A child performer receiving educational instruction pursuant to subsection (b) of this section and the parents or person having the care, custody or control of the child performer shall work with the teacher provided to the child performer and the child performer's school of enrollment to assist in such educational instruction.

(d) No child performer shall be deemed truant under section 10-198a of the general statutes while the child performer (1) has a valid child performer permit issued in accordance with section 6 of this act, and (2) is receiving educational instruction in accordance with subsection (b) of this section.

Sec. 4. (NEW) (Effective January 1, 2010) (a) Whenever a child performer's gross earnings in any calendar year exceeds ten thousand dollars, the parent or legal guardian of the child performer shall establish a child performer trust in accordance with chapter 802c of the general statutes, unless such trust has previously been established. The child performer's parent or legal guardian may serve as custodian of the trust. Upon establishment of the child performer trust, the parent, legal guardian or custodian of the trust of the child performer shall notify the employer of the existence of the trust and any additional information required to make the transfers required under subsection (b) of this section.

(b) (1) Not later than thirty days after the final day of a child performer's employment, except when the performance contract is for a period longer than thirty days, the employer shall transfer fifteen per cent of gross earnings to the custodian of the child performer's child performer trust. When the employment is longer than thirty days, the employer shall make the required transfer every payroll period.

(2) The custodian of the child performer trust shall promptly notify the employer of any change in facts that affect the employer's obligation to transfer funds under subdivision (1) of this subsection. Upon request of the parent or legal guardian of the child performer, the custodian may require the employer to transfer more than fifteen per cent of the gross earnings to the child performer trust. Once the child performer trust balance reaches two hundred fifty thousand dollars, or more, a trust company, as defined in section 45a-557a of the general statutes, shall be appointed custodian of the trust.

(c) The child performer may terminate the child performer trust upon reaching eighteen years of age.

Sec. 5. (NEW) (Effective January 1, 2010) The Labor Commissioner shall issue a certificate of eligibility, valid for three years from the date of issuance, to a person seeking to employ a child performer upon application for such certificate on a form prescribed by the commissioner. Each initial application for a certificate of eligibility shall be accompanied by a fee as determined by the commissioner, provided such fee shall not exceed three hundred fifty dollars for an initial application or two hundred dollars for certification renewal.

Sec. 6. (NEW) (Effective January 1, 2010) (a) The Labor Commissioner shall issue a child performer permit upon application and, in the case of a school age child, upon proof of such child's good standing in school. A child or his parent or legal guardian, on behalf of such child, may apply for such permit on a form prescribed by the commissioner. Each application shall include the following:

(1) The legal and stage name and the age of the child;

(2) The name and address of the child's parent or legal guardian;

(3) For a school-age child performing during school hours, the arrangements that have been made for educational instruction in accordance with section 3 of this act, or for otherwise making up any lost school time; and

(4) For each child performer whose gross earnings in any calendar year exceed or will exceed ten thousand dollars, evidence satisfactory to the commissioner that a child performer trust has been established for the benefit of the child performer in accordance with section 4 of this act.

(b) Each application for a child performer permit shall include a statement, signed by a parent or other legal guardian of the child, that such parent or guardian consents to the employment of the child as described in the application.

(c) At the time of application for a child performer permit, the commissioner shall inform the child performer of the child performer trust requirements. The commissioner shall provide a notice in twelve-point boldface type to read as follows: "CONNECTICUT STATE LAW REQUIRES FIFTEEN PER CENT OF A CHILD PERFORMER'S EARNINGS TO BE PLACED IN TRUST FOR THE BENEFIT OF THE CHILD. THE CHILD PERFORMER'S PARENTS OR LEGAL GUARDIAN MUST ESTABLISH THE CHILD PERFORMER TRUST TO COMPLY WITH THIS REQUIREMENT. THE CHILD'S PARENTS OR LEGAL GUARDIAN MUST PROVIDE THE CHILD PERFORMER'S EMPLOYER WITH THE INFORMATION NECESSARY TO TRANSFER THESE EARNINGS TO THE TRUST. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL PREVENT THE LABOR DEPARTMENT FROM RENEWING THE CHILD'S PERMIT TO WORK AS A CHILD PERFORMER.".

(d) A child performer permit shall be valid for six months from the date of issuance, provided the child, or parent or legal guardian of the child, provides evidence to the commissioner, at intervals to be determined by the commissioner, during the duration of the permit demonstrating that such child is maintaining satisfactory academic performance as determined by the child's school of enrollment. A child performer, upon securing employment, and the employer providing the employment shall notify the Labor Commissioner of the location and expected duration of employment, as well as whether the employment is a movie, television series, opera, play or other performance, prior to the commencement of employment.

(e) No child performer permit shall be issued if the commissioner determines that the intended employment is harmful to the welfare, development or proper education of the child. A child performer permit issued in accordance with this section may be revoked by the commissioner for good cause.

(f) No child performer permit shall be renewed, nor shall a subsequent child performer permit be issued, unless the parent or legal guardian of the child performer demonstrates to the commissioner that a child performer trust has been established for the benefit of the child performer in accordance with section 4 of this act.

Sec. 7. (NEW) (Effective January 1, 2010) (a) Each employer shall keep on file all eligibility certificates and child performer permits issued in accordance with sections 5 and 6 of this act. Such permits and certificates shall be available at all times for inspection by any attendance officer, appointed in accordance with section 10-199 of the general statutes, probation officer, or representative of the State Board of Education or the Labor Department. No such attendance officer, probation officer or representative shall be denied entrance to any place at which a child performer is being employed. If such attendance officer, probation officer or representative is denied entrance to such place, or if such attendance officer, probation officer or representative determines that any violation of sections 2 to 8, inclusive, of this act or of chapter 557 of the general statutes exists, he or she shall report, in writing, such denial or violation to the Labor Commissioner not later than forty-eight hours after such denial or determination.

(b) Failure to produce the child performer permit or eligibility certificate for a child performer shall be prima facie evidence of the employment of such child performer in violation of sections 2 to 8, inclusive, of this act. Evidence that any person was the owner, manager or superintendent of any place in which such child performer is alleged to have been employed shall be prima facie evidence that the person employed or permitted such child performer to be employed in violation of sections 2 to 8, inclusive, of this act.

Sec. 8. (NEW) (Effective January 1, 2010) If the Labor Commissioner finds that an employer has violated any provision of sections 2 to 8, inclusive, of this act or the regulations adopted pursuant to section 9 of this act, the commissioner shall fine such employer not more than one thousand dollars for the first violation, not more than two thousand dollars for a second violation and not more than three thousand dollars for a third or subsequent violation.

Sec. 9. (NEW) (Effective July 1, 2008) On or before January 1, 2010, the Labor Commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of section 2 to 8, inclusive, of this act. Such regulations shall include, but not be limited to, provisions to establish: (1) Requirements and procedures for the issuance of eligibility certificates in accordance with section 5 of this act; (2) the number of hours and times of day a child performer may work, including the number of breaks child performers of different ages shall be given; (3) safe set and other location requirements; (4) when and where parents or legal guardians may accompany child performers; (5) requirements for the supervision of child performers on nonschool days; (6) requirements for criminal history records checks, to be conducted in accordance with section 29-17a of the general statutes, for individuals supervising child performers during work hours; and (7) any other requirements the commissioner deems appropriate to ensure the health, safety and well-being of child performers.

Sec. 10. (Effective July 1, 2008) The Commissioner of Education, in conjunction with the Commissioner of Higher Education, shall conduct a study to determine the necessary education and certification requirements for studio teachers to provide educational instruction and other supervision to child performers, as defined in section 1 of this act, unable to attend school while working. Such study shall include, but not be limited to, an examination of the laws of other states that provide certification for studio teachers. On or before February 1, 2009, the Commissioner of Education shall submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to education and higher education making recommendations for education and certification or other credentialing requirements for studio teachers in this state.

Sec. 11. Subsection (a) of section 10-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) The superintendent of schools of any local or regional board of education or an agent designated by such superintendent shall, upon application and in accordance with procedures established by the State Board of Education, furnish, to any person desiring to employ a minor under the age of eighteen years (1) in any manufacturing, mechanical or theatrical industry, other than as a child performer, as defined in section 1 of this act, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, a certificate showing that such minor is sixteen years of age or older, (2) in any mercantile establishment, a certificate showing that such minor is fifteen years of age or older, and (3) at any municipal or private golf course, a certificate showing that such minor is fourteen years of age or older.

Sec. 12. Subsection (a) of section 31-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) No minor under sixteen years of age shall be employed or permitted to work in any manufacturing, mechanical, mercantile or theatrical industry, other than as a child performer, as defined in section 1 of this act, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, provided the Labor Commissioner may authorize such employment of any minor between the ages of fourteen and sixteen who is enrolled in (1) a public school in a work-study program as defined and approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a of the 2008 supplement to the general statutes, or (2) a summer work-recreation program sponsored by a town, city or borough or by a human resources development agency which has been approved by the Labor Commissioner, or both, and provided the prohibitions of this section shall not apply to any minor over the age of fourteen who is under vocational probation pursuant to an order of the Superior Court as provided in section 46b-140 of the 2008 supplement to the general statutes or to any minor over the age of fourteen who has been placed on vocational parole by the Commissioner of Children and Families.