INTRODUCED BY   Committee on Arts, Entertainment, Sports, Tourism,
and Internet Media (Assembly Members Campos (Chair), Carter, Gatto,
Mendoza, and Monning)

                        MARCH 2, 2011

   An act to amend Section 1308.5 of, and to add Section 1308.10 to,
the Labor Code, relating to employment.


   AB 1401, as introduced, Committee on Arts, Entertainment, Sports,
Tourism, and Internet Media. Employment: minors.
   Existing law regulates the employment of minors in the
entertainment industry and requires the written consent of the Labor
Commissioner for a minor under the age of 16 to take part in certain
types of employment.
    This bill would establish a program to be administered by the
Labor Commissioner that would enable a minor's parent or guardian,
prior to the first employment of a minor performer and under
specified conditions, obtain a temporary permit for the employment of
a minor. This bill would also create the Entertainment Work Permit
Fund into which would be deposited an application fee, set by the
Labor Commissioner that would be required for the issuance of a
temporary permit. Upon appropriation by the Legislature, the proceeds
from this fund would be used to pay the costs of administrating the
temporary minor's entertainment work permit program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


  SECTION 1.  Section 1308.5 of the Labor Code is amended to read:
   1308.5.  (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner  in the form
of a permit to employ a minor in the entertainment industry  is
required for any minor, not otherwise exempted by this chapter, for
any of the following:
   (1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
   (2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
   (3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
   (4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10  o'clock
 p.m., in the presentation of a performance, play, or drama
continuing from an earlier hour until after 10  o'clock
  p.   m.  , to continue his  or her
 part in such presentation between the hours of 10 and 12 p.m.
   (5) The appearance of any minor in any entertainment which is
noncommercial in nature.
   (6) The employment of any minor artist in the making of phonograph
   (7) The employment of any minor as an advertising or photographic
   (8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
   (b) Any person, or the agent, manager, superintendent or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
  SEC. 2.  Section 1308.10 is added to the Labor Code, to read:
   1308.10.  (a) Prior to the employment of a minor under the age of
16 years in any of the circumstances listed in subdivision (a) of
Section 1308.5, the Labor Commissioner may issue a temporary permit
authorizing employment of the minor to enable a parent or guardian of
the minor to meet the requirement for a permit under subdivision (a)
of Section 1308.5 and to establish a trust account for the minor or
to produce the documentation required by the Labor Commissioner for
the issuance of a permit under Section 1308.5, subject to all of the
following conditions:
   (1) A temporary permit shall be valid for a period not to exceed
10 days from the date of issuance.
   (2) A temporary permit shall not be issued for the employment of a
minor if the minor's parent or guardian has previously applied for
or been issued a permit by the Labor Commissioner pursuant to Section
1308.5 or a temporary permit pursuant to this section for employment
of the minor.
   (3) The Division of Labor Standards Enforcement shall prepare and
make available on its Internet Web site the application form for a
temporary permit. An applicant for a temporary permit shall submit a
completed application and application fee online to the division.
Upon receipt of the completed application and fee, the division shall
immediately issue a temporary permit.
   (b) The Labor Commissioner shall deposit all fees for temporary
permits received into the Entertainment Work Permit Fund, which is
hereby created in the State Treasury. The funds deposited in the
Entertainment Work Permit Fund shall be available to the Labor
Commissioner, upon appropriation by the Legislature, to pay for the
costs of administration of the online temporary minor's entertainment
work permit program.
   (c) The Labor Commissioner shall set forth the fee in an amount
sufficient to pay for these costs, but not to exceed fifty dollars