SENATE BILL 357
56th legislature - STATE OF NEW MEXICO - first session, 2023
Leo Jaramillo and Harold Pope
RELATING TO CHILDREN; REQUIRING THE PRESENCE OF A PARENT OR GUARDIAN FOR CHILDREN UNDER THE AGE OF SIXTEEN; REVISING REQUIREMENTS FOR TEACHERS WHEN CHILDREN ARE EMPLOYED IN THE PERFORMING ARTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 50-6-18 NMSA 1978 (being Laws 2007, Chapter 257, Section 3) is amended to read:
"50-6-18. CHILDREN WORKING IN THE PERFORMING ARTS.--
A. For the purposes of this section, a "performer" means a person employed to act or otherwise participate in the performing arts, including motion picture, theatrical, radio or television products.
B. A performer under eighteen years of age is considered a child subject to the Child Labor Act unless: (1) the performer has satisfied the compulsory education laws of the state;
(2) the performer is married;
(3) the performer is a member of the armed forces; or
(4) the performer is legally emancipated.
C. A child may not begin work earlier than 5:00 a.m. and the workday must end no later than 10:00 p.m. on evenings preceding school days and 12:00 a.m. on mornings of nonschool days.
D. A child-performer's working hours, including school time, are limited as follows:
(1) a child under the age of six shall not be employed or permitted to labor for more than six hours in one day;
(2) a child over the age of six and under the age of nine shall not be employed or permitted to labor for more than eight hours in one day;
(3) a child over the age of nine and under the age of sixteen shall not be employed or permitted to labor for more than nine hours in one day; and
(4) a child over the age of sixteen and under the age of eighteen shall not be employed or permitted to labor for more than ten hours in one day.
E. [If] When a resident or nonresident child engages in employment, [on school days] a studio teacher with credentials [appropriate to the level of education needed] required by Subsection H of this section shall be provided by the employer.
F. The [labor] workforce solutions department shall promulgate rules for employers in the performing arts, including education and safety requirements. A parent or guardian of a child under sixteen years of age shall be present with and accompany the child on the set or location and be within sight or sound of the child at all times, except when the child is in an area being used as a school facility with a studio teacher.
G. For the purposes of Subsections E and F of this section, in addition to teaching responsibilities, a studio teacher shall monitor and protect the health, safety and welfare of the child at all times except for:
(1) periods of up to one hour during special situations for promotional publicity, personal appearances, wardrobe, makeup or hairdressing;
(2) when the child's school is not in session; and
(3) when the child is accompanied by a parent or guardian.
H. At a minimum, the studio teacher shall possess:
(1) a valid and current level two license issued by the public education department pursuant to Section 22-10A-10 NMSA 1978; and
(2) a current certificate of compliance from the workforce solutions department affirming that the studio teacher has knowledge of child labor laws and regulations applicable to the employment of a child in the performing arts industry, including the ability to take cognizance of working conditions, physical surroundings, signs of the child's mental and physical fatigue and the demands made upon the child and to fulfill the statutory requirement to report incidents of alleged child abuse as required by Section 32A-4-3 NMSA 1978."
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