Hawaii 2024 Regular Session

Hawaii Senate Bill SB1607 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1607 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to employment agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1607
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1607
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to employment agencies.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 373, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Talent agencies §373-A Sexual harassment; nutrition and eating disorders; education and training; materials. (a) A talent agency shall make available educational materials regarding: (1) Sexual harassment prevention, retaliation, and reporting resources; and (2) Nutrition and eating disorders, via electronic transmission, hard copy brochure, or through other reasonable means, to an adult artist within ninety days of the adult artist agreeing to representation by the talent agency or procurement by the talent agency of an engagement, meeting, or interview, whichever comes first. (b) Educational materials for each artist shall be in the language understood by the artist. The talent agency may comply with this requirement by: (1) Making the educational materials available in the artist's native language; or (2) Having the educational materials presented for the artist in a language that the artist understands. (c) A talent agency shall keep a record for three years confirming that the talent agency has made available educational materials required pursuant to this section to all adult artists who have been signed for representation by the talent agency. §373-B Minors; employment; sexual harassment training; nutrition and eating disorders; education and training. (a) Prior to a talent agency applying for a certificate of employment of a minor pursuant to section 390-3, the minor and the minor's parent or legal guardian shall receive and complete training, in a language the minor and parent or legal guardian of the minor understands, regarding: (1) Sexual harassment prevention, retaliation, and reporting resources; and (2) Nutrition and eating disorders. (b) The training required by this section shall consist of training administered by a third-party vendor and shall be conducted on-site, electronically, via the Internet, or other means. §373-C Confirmation of compliance. At the time of application for license renewal, a talent agency shall confirm to the director, in a manner prescribed by the director, that the talent agency has and will continue to make available educational materials to adult artists in compliance with this part. §373-D Violation; penalties. (a) In addition to the penalties provided in section 373-20, a talent agency who violates this part shall be fined $500 for each violation. (b) A retaliatory action by a talent agency against an artist who files a complaint or declines or discontinues participation in any casting or booking on account of a reasonable, good faith concern regarding an actual or potential violation of this part shall be deemed a violation of this part." SECTION 2. Chapter 373, Hawaii Revised Statutes, is amended by designating sections 373-1 to 373-21 as part I and inserting a title before section 373-1 to read as follows: "Part I. General Provisions" SECTION 3. Section 373-1, Hawaii Revised Statutes, is amended as follows: 1. By adding two new definitions to be appropriately inserted and to read: ""Artist" means an actor rendering services on the legitimate stage and in the production of motion pictures; radio artist; musical artist; musical organization; director of legitimate stage, motion picture, and radio productions; musical director; writer; cinematographer; composer; lyricist; arranger; model; and other artists and persons rendering professional services in motion picture, theatrical, radio, television, and other entertainment enterprises. "Talent agency" means a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist, except that the activities of procuring, offering, or promising to procure recording contracts for an artist shall not of itself subject a person or corporation to regulation under this chapter." 2. By amending the definition of "employment agency" to read: ""Employment agency" means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. "Employment agency" includes a talent agency." SECTION 4. 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] that 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. (c) A minor who has attained the age of fourteen years but not sixteen years may be employed or permitted to work: (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 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) No minor under eighteen years of age shall be employed or permitted to work in theatrical employment unless the minor and the minor's parent or legal guardian have complied with the training requirements under section 373-B." SECTION 5. Section 390-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A person designated to issue certificates of employment may refuse to issue a certificate if [in]: (1) In the person's judgment, the nature of the employment or the place thereof is such as to injuriously affect the health, safety, or well-being of the minor or contribute toward the minor's delinquency[.]; or (2) With respect to a minor who is employed in theatrical employment, the minor and the minor's parent or legal guardian have not complied with the training requirements under section 373-B." SECTION 6. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Chapter 373, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
50	50
51	51	"Part . Talent agencies
52	52
53	53	§373-A Sexual harassment; nutrition and eating disorders; education and training; materials. (a) A talent agency shall make available educational materials regarding:
54	54
55	55	(1) Sexual harassment prevention, retaliation, and reporting resources; and
56	56
57	57	(2) Nutrition and eating disorders,
58	58
59	59	via electronic transmission, hard copy brochure, or through other reasonable means, to an adult artist within ninety days of the adult artist agreeing to representation by the talent agency or procurement by the talent agency of an engagement, meeting, or interview, whichever comes first.
60	60
61	61	(b) Educational materials for each artist shall be in the language understood by the artist. The talent agency may comply with this requirement by:
62	62
63	63	(1) Making the educational materials available in the artist's native language; or
64	64
65	65	(2) Having the educational materials presented for the artist in a language that the artist understands.
66	66
67	67	(c) A talent agency shall keep a record for three years confirming that the talent agency has made available educational materials required pursuant to this section to all adult artists who have been signed for representation by the talent agency.
68	68
69	69	§373-B Minors; employment; sexual harassment training; nutrition and eating disorders; education and training. (a) Prior to a talent agency applying for a certificate of employment of a minor pursuant to section 390-3, the minor and the minor's parent or legal guardian shall receive and complete training, in a language the minor and parent or legal guardian of the minor understands, regarding:
70	70
71	71	(1) Sexual harassment prevention, retaliation, and reporting resources; and
72	72
73	73	(2) Nutrition and eating disorders.
74	74
75	75	(b) The training required by this section shall consist of training administered by a third-party vendor and shall be conducted on-site, electronically, via the Internet, or other means.
76	76
77	77	§373-C Confirmation of compliance. At the time of application for license renewal, a talent agency shall confirm to the director, in a manner prescribed by the director, that the talent agency has and will continue to make available educational materials to adult artists in compliance with this part.
78	78
79	79	§373-D Violation; penalties. (a) In addition to the penalties provided in section 373-20, a talent agency who violates this part shall be fined $500 for each violation.
80	80
81	81	(b) A retaliatory action by a talent agency against an artist who files a complaint or declines or discontinues participation in any casting or booking on account of a reasonable, good faith concern regarding an actual or potential violation of this part shall be deemed a violation of this part."
82	82
83	83	SECTION 2. Chapter 373, Hawaii Revised Statutes, is amended by designating sections 373-1 to 373-21 as part I and inserting a title before section 373-1 to read as follows:
84	84
85	85	"Part I. General Provisions"
86	86
87	87	SECTION 3. Section 373-1, Hawaii Revised Statutes, is amended as follows:
88	88
89	89	1. By adding two new definitions to be appropriately inserted and to read:
90	90
91	91	""Artist" means an actor rendering services on the legitimate stage and in the production of motion pictures; radio artist; musical artist; musical organization; director of legitimate stage, motion picture, and radio productions; musical director; writer; cinematographer; composer; lyricist; arranger; model; and other artists and persons rendering professional services in motion picture, theatrical, radio, television, and other entertainment enterprises.
92	92
93	93	"Talent agency" means a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist, except that the activities of procuring, offering, or promising to procure recording contracts for an artist shall not of itself subject a person or corporation to regulation under this chapter."
94	94
95	95	2. By amending the definition of "employment agency" to read:
96	96
97	97	""Employment agency" means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. "Employment agency" includes a talent agency."
98	98
99	99	SECTION 4. Section 390-2, Hawaii Revised Statutes, is amended to read as follows:
100	100
101	101	"§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] that has been declared by rule of the director to be hazardous for the minor.
102	102
103	103	(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.
104	104
105	105	(c) A minor who has attained the age of fourteen years but not sixteen years may be employed or permitted to work:
106	106
107	107	(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;
108	108
109	109	(2) If the employer of the minor procures and keeps on file a valid certificate of employment;
110	110
111	111	(3) No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period;
112	112
113	113	(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.;
114	114
115	115	(5) No more than six consecutive days;
116	116
117	117	(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;
118	118
119	119	(7) No more than three hours on any school day; and
120	120
121	121	(8) No more than eight hours on any nonschool day.
122	122
123	123	(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:
124	124
125	125	(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;
126	126
127	127	(2) With respect to employment in harvesting of coffee, the director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and
128	128
129	129	(3) The employer of the minor procures and keeps on file a valid certificate of employment.
130	130
131	131	(e) No minor under eighteen years of age shall be employed or permitted to work in theatrical employment unless the minor and the minor's parent or legal guardian have complied with the training requirements under section 373-B."
132	132
133	133	SECTION 5. Section 390-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
134	134
135	135	"(b) A person designated to issue certificates of employment may refuse to issue a certificate if [in]:
136	136
137	137	(1) In the person's judgment, the nature of the employment or the place thereof is such as to injuriously affect the health, safety, or well-being of the minor or contribute toward the minor's delinquency[.]; or
138	138
139	139	(2) With respect to a minor who is employed in theatrical employment, the minor and the minor's parent or legal guardian have not complied with the training requirements under section 373-B."
140	140
141	141	SECTION 6. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
142	142
143	143	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
144	144
145	145	SECTION 8. This Act shall take effect upon its approval.
146	146
147	147
148	148
149	149	INTRODUCED BY: _____________________________
150	150
151	151	INTRODUCED BY:
152	152
153	153	_____________________________
154	154
155	155
156	156
157	157
158	158
159	159	Report Title: Talent Agencies; Sexual Harassment; Nutrition; Educational Materials; Licensure; Minors; Certificates of Employment Description: Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to adult artists represented by the talent agency. Requires proof of compliance as part of licensure renewal. Requires, as a condition for a minor to be employed in theatrical employment, that the minor and the minor's parent or legal guardian receive and complete training regarding sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
160	160
161	161
162	162
163	163
164	164
165	165	Report Title:
166	166
167	167	Talent Agencies; Sexual Harassment; Nutrition; Educational Materials; Licensure; Minors; Certificates of Employment
168	168
169	169
170	170
171	171	Description:
172	172
173	173	Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to adult artists represented by the talent agency. Requires proof of compliance as part of licensure renewal. Requires, as a condition for a minor to be employed in theatrical employment, that the minor and the minor's parent or legal guardian receive and complete training regarding sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders.
174	174
175	175
176	176
177	177
178	178
179	179
180	180
181	181	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.