New Jersey reintroduced it's child performer legislation this week. It is now Assembly Bill A2280 . It was A3156 previously.A 2280

Parents really need to get involved in this process, and if you happen to LIVE in New Jersey, your voice is especially valuable.

Before you "dial out" because of the word legislation (which just screams out detailed and boring) - we can't emphasis enough how important this is.

The sponsor of the bill is Assemblyman Neil M. Cohen (D).

Neil M. Cohen (D)

The status of the bill is that it was referred to the Assembly Labor Committee New Jersey Legislature - Assembly Committees (of which Mr. Cohen is a member).

Assembly Labor Committee

If you live in New Jersey, or work in New Jersey, you can't afford to ignore this legislation. BizParentz will be sending another detailed communication to Mr. Cohen soon, about the potential problems with this bill. We will share that when it's complete. We well understand these components, and have an article on our website that explains what makes a 'good' child performer law. How to Build A Law

How to Build a Law

As written currently, this law would:

Create a 6 months work permit, that requires both school input and a "Statement of examination" by a physician (ie. a physical - even for renewals).

Create educational requirements - state certified teacher on the second day of employment - but there are critical details missing in this area - such as the required amount of time for schooling.

Create a permit to employ

Create 'blanket permits' to cover groups of children

Create a definition for background work that makes the casting agency the "employer". It's unclear if they mean they also have to get a permit to employ, or if this is just as relates to a trust account. As written, there is no distinction.

Create a trust account requirement - Parents have 15 days after commencement of employment to provide trust paperwork - employer has 30 days to make deposit - or in the absence of trust account infomation - they can send the money to a new state fund in 15 days. (I personally like this one... don't have to deposit it for the child for 30 days, but can send it to the state in 15 days. Nice).

The trust account is not defined as blocked, UGMA, UTMA - so it is assumed it won't be blocked. It's for 15% of gross wages.

A certified copy of birth certificate is also given to each employer. (YIKES - and $$$)

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There are many other issues and we will definitely communicate them and offer our assistance. You have another parent advocate in the area who keeps up on this and alerted us to this activity (as well as a couple of other states that we'll get to next). Big thanks to her. We'll let her chime in on what she needs parents to do to support her efforts.

Today, we urge you to read the proposed legislation, read our article that covers the components to good child performer legislation, and how the components all have to work together.

If you live in New Jersey, you are a constituent and your voice is much more important to legislators than non-residents. Please contact Mr. Cohen and/or your own Assembly representative and ask them to work with parent advocates, such as Bizparentz, to ensure their legislation accomplishes what it intends to do in a way that is in the best interest of child performers.

I think it would be beneficial to have a mailing list of those parents who are interested in this so that we can also communicate more directly. Please email us at bizparentz@aol.com if you want to be kept in the loop.

Lastly, please don't think that someone else will fix this, or that this won't affect you, or assume that all laws are good. If you've ever wondered how some law that doesn't make sense came to be, you will realize that it's OUR job (parents), as the people who deal with these issues every day, to make sure that legislators who never have and never will be affected by this law do it well. They don't know the issues or problems unless we tell them. I had never even read a piece of legislation a few years ago, the process didn't interest me at all - but now I realize there is not only incredible power in parent involvement in these laws, it's an absolute necessity.

So.. in summary:

Read up, it might take you an hour to read our article and this legislation. Ask detailed questions here.

Residents, contact Mr. Cohen and committee and respectfully ask that they seek out and consider input from child performer family advocates like BizParentz. Indicate that you aren't in support of this bill as written, if that's how you feel.

If you are a New York resident who frequently works in New Jersey, this is also vitally important for you.

If you are neither, and you want to get involved, please express your opinions, too.

Here is a guide to lobbying, also posted on our website Guide to Lobbying which is a big picture view of how citizens get involved to influence their laws.

Guide to Lobbying

And don't forget to email us if you want us to be able to quickly contact you regarding progress of this legislation.

Thanks,

Paula


BizParentz.org

Paula,
Thanks for staying on top of these issues and keeping us all informed. I will send my contact info so you can keep me in the loop on this legislation.

Thanks,
Kip

Hi from NY

I'm that busy mom working in the background who has traded reading fashion magazines to reading legislative bills. I have a daughter who worked in biz for awhile, now 18 in college and not actively working in the biz, however, mommy stayed active trying to keep an eye on the kids working, especially the nonunion kids, modeling scams, etc for some time now. Some might know me from YPC at SAG in the past in New York.

Thank you  for taking the time to post this VERY important information. Please, everyone, read over Paula's notes. She put a lot of hard work, I know, summarizing the bill for you.

You will be seeing other child performer bills, especially in the east, they are active, but as Paula stated, we'll just take one state at a time to begin and hopefully we've worked out a system where we may get the best results.  I appreciate the effort made.

Yes, your voice can be heard and yes it counts. and often appreciated, actually.  These are your children who these laws will affect. the senate or assembly members sponsor these bills, however, from my experience (6 long years worth) just working with these bills, you have far more knowledge of working child performers than they do.

I know this is not fun, but do try and read up, best you can, with the links Paula has provided and if you see something that may reflect on your own personal situation, whether it be education or trust funds, etc, that's something very important you should share with the sponsor of the bill (senate or assembly member) in this case Assemblyman Cohen. They simply need to understand, nothing more than that and it will only result in a positive way if you keep the calls/letters positive, sharing your experience with them.

Just going to highlight what you are used to working with and changes you may see.

Permits -

NO more one permit for each job, 6 month renewable. However, yes it does suggest two physicals per year, one to renew the work permit and sometimes your insurance doesn't cover two well visits.

Education:

Tricky language in bills which seem to address educational protections, however, if the Department of Education of any given state does not amend their education laws to adapt to the child performer bill/law OR ENDORSE IT FULLY, each school district can use their own set of  guidelines (attendance and graduation requirements) and not provide your child with an excused absence. 

In New Jersey, they will not be providing a teacher on the first day of work, even if your child is working two days, so there will be an unexecused absence for that day with your school if you cannot make a plan with them to excuse your child if the required work is made up.

I know we had a YPC seminar where parents spoke very happily about seeing a tutor on set HOWEVER, this could change.

Presently per the DOL regs and stated on your Permit:

School Attendance:
 
If the production is conducted on a school day, it is the parent's responsibility to contact the school that the minor attends and determine from the minor's teacher and principal what the "equivalent education" will be. Please have the principal put this in writing in the form of a letter to the parent and hae the parent give this to the New Jersey School Issuing officer and the production company representative. 
NOTE: (caps) If the principal requires a tutor to satisfy the "equivalent education" standad as stipulated by the New Jersey Child Labor Law, then the production company must provide a tutor.


PER THE NEW BILL:

Read section 7 - easy to find and as Paula stated, your child may now  be looking at only being issued a certified set teacher ONLY if the child works two or more days and ONLY on the second day of work (if  it's the same employer)! Supposedly an excused absence, however, again, the Dept of Ed is "working" with the proposed bill asking school districts to be COMPLIANT, however any school district can abide by their own attendance and compulsory education requirements and pass up on that excused absence.    They are unlike California where the schools work (somewhat) in cooperation with excused absences, per the law.

EMPLOYER  - go to section 8, #2   Question and Red Flag moment!

(2) For the purposes of this act, if a minor renders services as an extra, background performer, or in a similar capacity through a casting agency or other service that provides one or more of those performers for a fee, the casting agency or service shall be considered the minor’s employer.

This needs to be clarified!  If your child is working as a backgound actor, IT MAY suggested that if booked through a background casting agency or "other service... then this so-called agency will be the child's employer and NOT the production company (eeks)  Does this mean if there is a casting on the web on Craigslist or other sites for background child actors by an agency that is not bonded or licensed, will they be responsible for collecting your child's trust fund information, personal info and be responsible for their welfare and/or providing a set teacher, if required?

If your child works backgound a lot, that is a red flag and something you might want to inquire about with the sponsor, Assemblyman Cohen.

TRUST FUNDS - your NY UTMA, UGMA  if you have one is fine.

I will keep Bizparentz updated with new contacts I have or information to keep on top of things.

Please do follow what Paula has suggested. I will keep in touch and provide updates so she can give them to you. I'm available as well for any questions.  You can email me as well. 

Thanks Paula  for the help. New changing world for parents but please don't be afraid to give a nice hello, I'm a parent of a child performer to the sponsors. It will only benefit you in the end.

Janet P.

Sorry long post - it will be easier to address questions simplier after if we gave you all the info up front.