BILL NUMBER: AB 2396	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Arts, Entertainment, Sports, Tourism,
and Internet Media (Campos (Chair), Olsen (Vice Chair), Achadjian,
Butler, Carter, Gatto, Mendoza, and Monning)

                        FEBRUARY 24, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2396, as introduced, Committee on Arts, Entertainment, Sports,
Tourism, and Internet Media. Employment of infants: entertainment
industry.
   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. Existing law establishes a program to be
administered by the Labor Commissioner that enables a minor's parent
or guardian, prior to the first employment of a minor performer and
under specified conditions, to obtain a temporary permit for the
employment of a minor. Existing law prohibits the employment on a
motion picture set or location of an infant under the age of one
month unless a prescribed certification is made by a physician and
surgeon who is board-certified in pediatrics.
   This bill would provide that this requirement of medical
certification of the infant must be met before a temporary permit for
the employment of the infant may be issued.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1308.10 of the Labor Code is amended 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) For infants who are subject to the requirements of Section
1308.8, a temporary permit shall not be issued before the
requirements of that section are met.  
   (3) 
    (4)  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 and to repay any loan from the Labor Enforcement
and Compliance Fund made pursuant to subdivision (c).
   (c) The Labor Commissioner  is authorized  
may  on a one-time basis  to  borrow up to two
hundred fifty thousand dollars ($250,000) from the Labor Enforcement
and Compliance Fund, as established by subdivision (e) of Section
62.5, for deposit in the Entertainment  and Compliance
  Work Permit  Fund to cover the one-time startup
costs related to the temporary permit program. The loan shall be
repaid to the  Law   Labor  Enforcement and
Compliance Fund as soon as sufficient funds exist in the
Entertainment Work Permit Fund to repay the loan without compromising
the operations of the temporary work permit program.
   (d) The Labor Commissioner shall set forth the fee in an amount
sufficient to pay for these costs, but not to exceed fifty dollars
($50).