Brief ⁽¹⁾

HB 2838 contains the original provisions of the bill relating to child entertainers, as well as the provisions of Sub. for SB 652, the Newborn Infant Protection Act.

Child Entertainers. The original provisions of HB 2838 relate to minor children who work as entertainers, including actors, actresses, dancers, musicians, comedians, singers, stunt-persons, and other performers and entertainers. The bill requires the minor child's employer to deposit 15 percent of the child's gross earnings of $5,000 or more per contract in a trust fund or other savings plan approved by the district court. That trust or savings plan would be preserved for the benefit of the child until the child reaches 18 years of age. The bill includes detailed provisions regarding the establishment and maintenance of the trust funds.

The bill also prohibits the use of an infant under the age of one month on any motion picture set, except in certain specified instances.

The House Committee amended the bill to place administration of the act with the Department of Human Resources. The original bill authorized the Kansas Film Services Commission to adopt rules and regulations to protect the safety and well-being of child entertainers. Other amendments are technical in nature.

Newborn Infant Protection Act. The bill would also enact the Newborn Infant Protection Act (SB 652) and amend existing law regarding abandonment of infants.

The new statute would provide that anyone who has legal custody of an infant under 46 days old would not be charged with criminal child abandonment if the infant is given unharmed to an employee at a fire station, local health department, hospital, ambulatory surgical center, or recuperation center. The person who assumes custody of the infant would be required to protect the child and would be immune from liability for injury that might result from any protective action. As soon as possible after the infant is given to an employee of one of those entities, the employee would notify the local law enforcement agency which would take the child to a person designated by the Department of Social and Rehabilitation Services (SRS).

Procedures under the Code for Care of Children would be amended to provide that:

• �petitions under the Code in these situations ask the court to find that reintegration is not a viable alternative and to sever parental rights;



• �the court conduct an expedited hearing on the petition to sever parental rights;



• �if the court finds that the situation is covered by the Protection Act, parental rights could be severed; and



• �parents granted immunity under the Infant Protection Act would be presumed to be unfit parents.

Other Senate Committee amendments are technical.

Background

Child Entertainers. The sponsors of the original version of the bill, Representatives Mays and Sharp, spoke in favor of the bill. Also appearing in favor of the bill was Paul Peterson, who was a child actor in the 1950s on The Mickey Mouse Club and The Donna Reed Show. There was no testimony in opposition to the bill.

The fiscal note prepared by the Division of the Budget on HB 2838 is no longer relevant as the House Committee amendment moved responsibility for the act to the Department of Human Resources. A revised fiscal note is pending.

Newborn Infant Protection Act. The original version of SB 652 was requested for introduction by Senator Oleen, Chair of the Senate Committee on Federal and State Affairs. At the hearing on the bill before that Committee, proponents of the bill included Senator Oleen, Representative O'Connor; and representatives of the Department of Social and Rehabilitation Services, Planned Parenthood, Kansas Children's Service League, and Right to Life of Kansas. A representative of the Kansas Hospital Association presented information to the Committee. Written testimony in support of the bill was submitted by the Kansas State Nurses Association, the Manhattan Department of Fire Services, and the Social Concerns Committee of the First United Methodist Church in Manhattan. The Department of SRS, the Hospital Association, and Representative O'Connor suggested clarifying amendments to the Senate Committee. No opponents of the bill presented testimony to the Senate Committee.

A bill addressing the same issue, HB 2927 was introduced by Representative O'Connor and 20 others. The bill was in the House Committee on Appropriations at the time the Senate Committee took action on SB 652.

The Division of the Budget's fiscal note on the introduced version of SB 652 states that while the caseloads for the courts and the Department of Social and Rehabilitation Services would be impacted, the occurrence would be rare and would not have a noticeable fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html