Almost 600 signatures and counting ~ click logo to sign & forward! Important Event 2nd DOL Hearing is Jan. 10th in NYC. Make plans to attend. See below for details. Noteworthy SAG's Letter to DOL ~ See below for details. Media Inquiries We welcome any opportunity to engage a broader audience.  For press releases, story ideas, or to speak with CPC about appearing on air, please email us. Letter to the Governor Child Performers Coalition (CPC) believes that the way in which the Department of Labor (DOL) conducted their investigation is tainted and the Governor's Office should not have allowed the rule to proceed forward.  To that end, CPC wrote a pointed letter to the Governor last week and copied an assortment of lawmakers, including the Governor Elect Cuomo, government officials and industry representatives.  Calling out any individual publicly is always a concern but, as stated in the letter, the process leaves few options and the clock is ticking ~ 14 days left to be exact.  Mr. Shapiro, the DOL Attorney who single handedly spear headed this campaign, failed in many ways and should be called out as a public servant.  It is our hope that the Department of Labor (DOL) tables their proposed rule changes and works in a meaningful way with affected groups to draft a reasonable rule that will promote NY productions and protect child performers ~ that process should take two weeks at most.  Below are a few paragraphs of the letter ~ Click Here for Letter. "Dear Governor Paterson, Something is not right at the NYS Department of Labor and I would like your help in sorting out this mess before a bunch of bad ideas become a very bad law.  I'm going back to the long standing, often applied, good old fashioned "smell test" and declaring the changes proposed by the NYS Department of Labor (DOL) to 2 NYCRR Part 186 Rules Regarding Child Performers, and the manner in they are being promulgated, do not pass the "smell test."  Or better yet, they don't pass the proverbial "newspaper test."  Obviously, it gives me pause to write this letter and offer it up publicly but the process leaves few options and the clock is ticking. DOL Attorney Shapiro has a Bee in his Bonnet or is Extraordinarily Misguided If adopted, New York will be by far the most restrictive and costly state in the country for child performers or their employers (i.e. production companies) to work.   Instead helping performers and production companies, the proposed changes will increase production costs and headaches driving film, television and theatrical productions away from New York and jeopardizing the physical, mental and financial well being of child performers.  I don't get it.  Is NYS DOL Associate Attorney Jeffrey Shapiro, who is single handedly spear heading this effort, out to get child performers, their parents, the production companies, New York City, New York State or all of the above?  Everyone does what they do for a reason, I will assume for now, Mr. Shapiro is either extraordinarily misguided or has a bee in his bonnet about one or all of the affected groups." "Mayor's Office & 6,000 Child Performers Had No Notice of the Proposed Changes After receiving news of the proposed changes, the first phone call I made was to the Mayor's Office of Film, Theatre & Broadcasting, the oldest film commission in the United States, that supports an industry that generates billions of dollars annually and employers approximately 100,000 New Yorkers.  I spoke with Director Dean McCann who explained that I was the first person to notify him of the proposed changes.  He requested, and I provided, copies of our position statements, old rule/new rule comparison spreadsheets and any other information I believed would be helpful.   Suffice it to say, it is inconceivable that the Child Performers Coalition, and not the DOL, was the first to notify the most important industry office in the state of the proposed changes.  This blatant failure epitomizes the Department of Labor's handling of their proposed changes to the Child Performer rules now in place." Thank you again for making your voice heard, Kelly Crisp, Founder Child Performers Coalition www.childperformerscoalition.org Screen Actors Guild Letter to DOL On December 17th SAG submitted their response to the Department of Labor's proposed rule.  They have recently published this letter on their web site ~ Click for Letter.  We encourage you to read the letter in its entirety.  Here is our Synopsis: Synopsis of SAG's Letter to DOL Introductory Statement about SAG's history and national presence. Physician's Certification We strongly object to <Restatement of Rule> Lots of questions posed Restatement of purpose of Child Performers Advisory Board/Eating Disorder Committee "It is not clear that the proposed physical examination requirement will effectively prevent eating disorders or increase access to treatment." Suggests alternative:  education campaign/video that parents watch prior to permitting Responsible Person SAG contract allows for "sight and sound" but non-union children "will be disadvantage." Need to create variations in rule that account for types of employment ~ live theatre vs. film/TV "We urge you to include language allowing the parent to be within sight and sound of their child at all times and to clarify and strengthen the definition of "responsible person." Concern about Group Permit ~ no provision for the children's ages, no mention of "sight and sound" or working conditions. Education Requirements Concern that regulation is unclear as to when on-set education is required.  Suggestion:  "if a child actor has two consecutive days and it is subsequently determined that there will be more days that occur within a 30 day period, then the child shall be tutored each day he or she is on set for the remainder of the production."  Note that SAG has seen previous drafts of the rule. "This language was included in several other previous drafts." SAG supports privately held for-profit company ~ On-Location Education's brief.  Attaches their brief but does not include it on their web site.   Trust Account Restatement of Rule "Regardless of a person's age, employers should never be able to hold the earnings of a worker.  The proposed language allows employers to hold a portion of the performer's earnings creating interest income, and increases the possibility that children's earnings will be lost.  Payment to the Child's Trust Account should be made concurrent with regular pay." Note that SAG has seen previous drafts as "references to live theatre employment have been removed from these draft regulations." Want rule variation for live theatre including different work hours and "sight and sound" requirements. DOL Hearing on January 10th in NYC The second Department of Labor Public Commentary Hearing is set for January 10, 2011 from 10 am to 1:00 pm. at 75 Varick Street, Conference Room G, New York City.  It is our understanding that groups such as the Motion Picture Association and SAG plan to testify.  If adopted, these rules will impact the industry for years to come.  Please take some time out of your day to attend ~ it's important to show our opposition to these changes.  Testimony is limited to a few minutes per person. You may also hand deliver your written comments the hearing or email them to us and we will hand deliver them. The period to email your comments to Jeffrey Shapiro ends January 18th. NEW EMAIL ADDRESS: bcejjs@labor.ny.gov Please let us know if you would like to testify at the hearing and upon which specific issue. We would like to appear well prepared, avoid duplication, and address each issue.  The DOL will not allow those who speak at the Dec. 27th to speak at the Jan. 10th hearing. Who Do You Know? Although many of us were caught by surprise, the NYS Department of Labor has been working to amend the 2003 child performer law for many, many years.  We strongly encourage the Department of Labor to table their proposed changes to DOL §186 and work with affected groups to draft new language that encourages film, television and theatrical productions to do business in New York and protects the physical, mental and financial well being of child performers.  We need your help in reaching out to change makers, high profile performers, media outlets, industry reps and others who you believe can help us slow this process down so that reasonable, healthy rules can be drafted.  Email Knowledge Is Power Our web site has tons of information to help you learn more about the issues involved.  Position briefs, old rule/new rule comparison spreadsheets, links to other agencies, and advocacy information.  Read the complete rule language by clicking on the DOL link found on our site.   Questions? We may not have all the answers but we can give it a go ~ Email Build Our Tribe ~ Sign & Forward Petition According to the NYS DOL, there were 12,178 Child Performer Permits issued in 2009.  Approximately 446 employers have current Child Performer Certificates of Eligibility.   The new rules will affect 6,000 kids and almost 500 production companies working in NY with many more kids & companies across the country in jeopardy.  The NY Rule could easily become a model for other states. Almost 600 people have signed our petition so far and we would like to reach thousands more!  Please use your unique network of child performer friends & industry reps so everyones voice can be heard.  Sign or forward the petition by clicking the ipetition logo or forward our newsletter and help build our tribe!