BILL ANALYSIS Ó
AB 2396
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Date of Hearing: April 17, 2012
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Nora Campos, Chair
AB 2396 (Arts, Entertainment, Sports, Tourism & Internet Media
Committee)
As Introduced: February 24, 2012
SUBJECT : Limitation on employment of infants: entertainment
industry
SUMMARY : Clarifies that prior to obtaining a temporary work
permit for infants a medical certification from a doctor must
first be obtained and verified, in addition makes technical
clean-up changes. Specifically, this bill :
1)Provides that for infants who are subject to the requirements
of Labor Code Section 1308.8, (discussed in Comment 2 below) a
temporary permit shall not be issued before the requirements
of that section are met.
2)Corrects a drafting error to change the name of the special
fund from which the Labor Commissioner (LC) may borrow to
cover startup costs related to the temporary permit program,
from the "Entertainment and Compliance Fund" to the
"Entertainment Work Permit (EWP) Fund".
EXISTING LAW :
1)Provides that all minors less than 18 years of age, with
limited exceptions, employed in the state of California must
have a permit to work and their employers must have a permit
to employ minors, as specified.
2)Requires, in addition, the written consent of the LC for the
employment of a minor in the entertainment industry, as
specified.
3)Requires an entertainment work permit to be obtained from the
LC for a minor in order for them to be employed in the
entertainment industry.
AB 2396
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4)Provides that once written consent is given by the LC, as
specified, that consent shall be void after the expiration of
ten business days from the date the written consent was
granted unless it is attached to a true and correct copy as
evidence that a "Coogan Trust Account" has been established on
behalf of the minor and enforcement shall be done by the LC.
5)Prohibits any infant from 15 days to one month from being
employed on any motion picture set or location unless a
licensed physician and surgeon who is board-certified in
pediatrics provides written certification that the infant is
physically capable of handling the stress of filmmaking, as
specified.
6)Establishes a program to be administered by the LC that would
enable a minor's parent or guardian to obtain a temporary
permit for the employment of a minor, under specified
conditions. Also authorizes the LC to collect and deposit
money into the EWP Fund to use the proceeds from the EWP Fund
to pay the costs of administrating the program, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement :
According to the author, "This bill is a technical clean-up
bill which follows up on AB 1401 of last year, and makes two
technical and clarifying corrections to that measure. First,
that prior to obtaining a temporary work permit, infants from
15 days to one month must obtain the medical certification
required by Labor Code Section 1308.8(a), and second; corrects
a drafting error in the name of the fund the LC may borrow
from and repay, to implement the temporary online work permit
program created by AB 1401.
"There is some confusion that this bill would establish rules
for and allow infants from 15 days to one month to work in the
entertainment field. It does not. That is already current
law. This bill will simply ensure that the existing rules in
place for the protection of infants working in film and
television are not inadvertently undermined by the passage of
AB 1401.
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"There is also a suggestion that AB 2396 is an extension of,
or would expand the scope of, the fee authorized under the
voluntary online permit program created by AB 1401. I would
like to assure those with this concern, this bill does not
raise any fees, nor does it expand the scope of the program
created under AB 1401. It simply protects infants by requiring
the continued necessity of obtaining medical clearance before
a work permit may issue, and the interests of the state of
California by correcting the name of the fund that fee
proceeds may be deposited into in order to allow the repayment
of a loan made using state funds."
2)Employment of Infants in the Entertainment Industry :
Last year this Committee sponsored and heard AB 1401 (AEST&IM)
which established a program to be administered by the LC that
would enable a minor's parent or guardian to obtain a 10 day
temporary permit online for the employment of a minor, under
specified conditions.
A separate provision in existing law, Labor Code Section
1308.8, provides that, "No infant under the age of one month
may be employed on any motion picture set or location unless a
licensed physician and surgeon who is board-certified in
pediatrics provides written certification that the infant is
at least 15 days old and, in his or her medical opinion, the
infant was carried to full term, was of normal birth weight,
is physically capable of handling the stress of filmmaking,
and the infant's lungs, eyes, heart, and immune system are
sufficiently developed to withstand the potential risks."
This bill makes a clarifying change to the 10 day online
temporary permit process, in order to ensure that prior to
obtaining a temporary work permit for infants between 15 days
and one month of age medical certification from a doctor must
first be obtained and confirmed. The clarification is
consistent with the information currently posted on the
Department of Industrial Relations website regarding 10 day
Temporary Entertainment Work Permits.
3)Technical Amendment: Correction of Fund Name
AB 1401 (AEST&IM) also created the EWP Fund which, upon
appropriation by the Legislature, would be used to pay the
costs of administering the temporary minor's entertainment
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work permit program.
This bill authorized the LC, on a one-time basis, to borrow
and repay up to $250,000 from the Labor Enforcement and
Compliance Fund to the Entertainment Work Permit Fund to pay
for startup costs incurred in the creation of the program.
A drafting error in the Chaptered version of the bill combined
the names of the two funds, and thus requires the deposit of
funds into the Entertainment and Compliance Fund, an account
which is not established. This bill would correct that
drafting error.
4)Prior Related Legislation :
AB 1401 (AEST&IM), Chapter 557, Statutes of 2011; established
a program to be administered by the LC that would enable a
minor's parent or guardian, prior to the first employment of a
minor performer to obtain a temporary permit for the
employment of a minor to work in the entertainment field.
AB 2032 (Davis) of the 2009-10 Legislative Session; would have
levied a fee to fund the administration of permits for minors
in the entertainment industry, as well as to fund enforcement
of working conditions for minors in the industry. AB 2032 was
vetoed by the Governor.
AB 402 (Davis) of the 2009-10 Legislative Session; would have
required a $50 fee be submitted at the time when a minor
applies for an EWP and directed the LC to collect and deposit
the money into a special fund for the administration and
enforcement of EWPs for minors, as provided. AB 402 was
vetoed by the Governor.
SB 210 (Burton), Chapter 667, Statutes of 2004; added the
requirement that the LC's written consent for performances of
a minor be limited to TEN days, unless a Coogan Trust Account
has been established.
SB 1162 (Burton), Chapter 940, Statutes of 1999; made
significant changes to the Coogan law.
AB 744 (Washington), Chapter 239, Statutes of 1998; prohibited
any infant from 15 days to one month from being employed on
any motion picture set or location unless a licensed physician
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and surgeon who is board-certified in pediatrics provides
written certification that the infant is physically capable of
handling the stress of filmmaking, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
None known
Opposition
None known
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450