BILL ANALYSIS Ó
AB 1398
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CONCURRENCE IN SENATE AMENDMENTS
AB 1398 (Chesbro)
As Amended September 2, 2011
Majority vote
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |36-0 |(September 8, |
| | | | | |2011) |
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Original Committee Reference: L. & E.
SUMMARY : Extends the sunset date on an exemption for the
employment of minors in Lake County agricultural packing plants.
The Senate amendments eliminate the requirement under existing
law for an annual report from the Labor Commissioner (LC) to the
Legislature and instead require one cumulative report to be
filed on or before November 1, 2016.
EXISTING LAW :
1)Limits, generally, the hours of employment of minors in the
state.
2)Allows the LC to grant an exemption to agricultural packing
plants employing minors 16 or 17 years of age, allowing them
to work up to 10 hours per day when school is not in session
during peak harvest season.
3)Allows the LC to grant an exemption during the peak harvest
season in Lake County, authorizing the employment of minors 16
or 17 years of age to work up to 10 hours per day and 60 hours
per week, during days when school is not in session.
4)Specifies that the exemption requires prior written approval
of the Lake County Office of Education.
5)Requires the LC to inspect the affected agricultural packing
plant prior to issuing or renewing an exemption.
6)Requires the employer to file an annual report with the LC
containing specified employment information.
7)Requires the LC to submit an annual report to the Legislature
AB 1398
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that describes the general working conditions of minors
employed in the agricultural packing industry during the
previous year.
8)Contains a January 1, 2012 sunset date.
AS PASSED BY THE ASSEMBLY , this bill extended the sunset date on
the exemption for the employment of minors in Lake County
agricultural packing plants until January 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill is sponsored by the California Grape and
Tree Fruit League. The exemption for minors working in
agricultural packing plants in Lake County was originally
enacted in 1996. Proponents of the exemption have traditionally
stated that it reflects the unique industry and labor market
requirements of Lake County.
This exemption has been characterized as necessary to help deal
with the labor shortage in Lake County's agricultural industry
during harvest time each year in August. The pear-packing
season lasts only four to six weeks and coincides with an
increase in tourism, which is considered the other large
industry in Lake County. With both tourism and agriculture at
peak activity, the available labor pool is severely limited.
Therefore, it is argued that the employment of minors during
this time is necessary and mutually beneficial for both the
minors employed and growers. Proponents contend that this
exemption has proved successful and the participation of youth
workers has now become an economic imperative for Lake County
agricultural employers.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0001559