BILL NUMBER: SB 319 CHAPTERED 10/05/07 CHAPTER 296 FILED WITH SECRETARY OF STATE OCTOBER 5, 2007 APPROVED BY GOVERNOR OCTOBER 5, 2007 PASSED THE SENATE AUGUST 30, 2007 PASSED THE ASSEMBLY JULY 20, 2007 AMENDED IN ASSEMBLY MAY 30, 2007 AMENDED IN SENATE MARCH 26, 2007 INTRODUCED BY Senator Wiggins (Coauthors: Assembly Members Berg and Evans) FEBRUARY 16, 2007 An act to amend Section 1393.5 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 319, Wiggins. Employment of minors: agricultural packing plants. Existing law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Under existing law, which will be repealed January 1, 2008, that exemption may additionally authorize employment of a minor who is enrolled in a school in Lake County to be employed for more than 48, but not more than 60, hours a week upon prior written approval by the Lake County Board of Education. This bill would revise those provisions relating to Lake County by limiting the employer exemption that may be issued by the Labor Commissioner to the employment of minors, 16 or 17 years of age, who reside in Lake County, and only on days when school is not in session, for up to 10 hours a day, as well as for more than 48 hours but not more than 60 hours in a week, upon prior written approval of the Lake County Office of Education. The bill would delete a requirement that a minor be enrolled in school in Lake County for the exemption to apply. Existing law also requires the Labor Commissioner, prior to issuing the Lake County exemption or renewing an exemption, to inspect an affected agricultural packing plant, and to file a written report with the Legislature on or before March 1 of each year describing the general working conditions of minors employed in the agricultural packing industry during the past year, as specified. Existing law further requires an affected employer, on or before March 1 of each year, as a condition of receiving that exemption or a renewal of that exemption, to file a written report to the Labor Commissioner, as specified. This bill would extend the operation of the Lake County provisions until January 1, 2012. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1393.5 of the Labor Code is amended to read: 1393.5. (a) Notwithstanding any other provision of this article or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of the Education Code, an exemption issued pursuant to Section 1393 may authorize the employment during the peak harvest season of a minor, 16 or 17 years of age who resides in Lake County, during any day in which school is not in session for up to 10 hours per day and more than 48 hours but not more than 60 hours in any one week, only upon the prior written approval of the Lake County Office of Education. (b) Each year, the Labor Commissioner, prior to issuing or renewing an exemption under this section, shall inspect the affected agricultural packing plant. (c) As a condition of receiving an exemption or a renewal of an exemption under this section, an affected employer shall, on or before March 1 of each year, file a written report to the Labor Commissioner that contains the following employment information regarding the employer's prior year's payroll: (1) The number of minors employed by that employer. (2) A list of the age and hours worked on a weekly basis of each minor employed. (d) Notwithstanding Chapter 24 (commencing with Section 7550) of Division 7 of Title 1 of the Government Code, the Labor Commissioner shall submit a written report to the Legislature, on or before March 1 of each year, that describes the general working conditions of minors employed in the agricultural packing industry during the past year, and that includes all of the following information: (1) The number of minors employed in the agricultural packing industry. (2) The number of exemptions issued, renewed, or denied pursuant to this section. (3) A summary of the inspections conducted by the Labor Commissioner pursuant to this section. (4) The number of workplace injuries that occurred to minors at agricultural packing plants. (5) The number of violations of labor laws and regulations that occurred at agricultural packing plants. (e) This section shall remain in effect only until January 1, 2012, and as of that date is repealed.