BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2396
Author: Assembly Arts, Entertainment, Sports, Tourism,
and Internet
Media Committee
Amended: As introduced
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 6-0,
06/13/12
AYES: Lieu, Wyland, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 55-20, 5/7/12 - See last page for vote
SUBJECT : Employment of infants: entertainment industry
SOURCE : Author
DIGEST : This bill specifies that prior to obtaining a
temporary work permit, the parent or guardian of an infant
15 days to one month old, must obtain the medical
certification of a physician as currently required by law,
but clarifies that a work permit may not be issued until
the doctors permission has been obtained and confirmed.
This bill makes a technical change to the provisions
governing infant work permits to clarify that monies
collected from the temporary permit filling fee be
deposited into the correctly referenced Entertainment Work
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Permit Fund.
ANALYSIS : 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.
(Labor Code (LAB) Section 1308.10)
Existing law establishes a program to be administered by
the Labor Commissioner that enables a minor 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. (LAB
Section 1308.5)
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.
Specifically that an infant from 15 days to one month old
can obtain a temporary work permit for the infant to work
on a motion picture set. In order for the infant to be
employed on a motion picture set a licensed physician and
surgeon who is board certified in pediatrics must provide
written certification that the infant is in his/her medical
opinion, the infant was carried to full term, was normal
birth weight, is physically capable of handling the stress
of film making, and the infant's lungs, eyes, heart and
immune system are sufficiently developed to withstand the
potential risks. (LAB Section 1308.8)
Existing law states that any parent, guardian, or employer
of a minor, and any officer or agent of an employer of a
minor, who directly or indirectly violates subdivision (a),
or who causes or suffers a violation of subdivision (a),
with respect to that minor, is guilty of a misdemeanor
punishable by a fine of not less than $2,500 nor more than
$5,000, by imprisonment in the county jail for not more
than 60days, or by both that fine and imprisonment. (LAB
Section 1308.8)
This bill specifies that prior to obtaining a temporary
work permit, the parent or guardian of an infant 15 days to
one month old, must obtain the medical certification of a
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physician as currently required by law, but clarifies that
a work permit may not be issued until the doctors
permission has been obtained and confirmed. This bill
makes a technical change to the provisions governing infant
work permits to clarify that monies collected from the
temporary permit filling fee be deposited into the
correctly referenced Entertainment Work Permit Fund.
Comments
Under existing law, the parents of an infant from 15 days
to one month old are required to obtain a temporary work
permit for the infant to work on a motion picture set. In
order for the infant to be employed on a motion picture set
a licensed physician and or surgeon who is board certified
in pediatrics has to examine and sign off certifying that
the infant is in good health and is able to work on a
motion picture set. This bill additionally requires that
the parent or guardian of the infant obtain this medical
certification prior to a temporary work permit being
issued. A temporary permit shall not be issued until this
requirement is met.
According to the author's office, this bill clarifies that
prior to obtaining a temporary work permit, infants from 15
days to one moth must obtain the medical certification
contained in LAB Section 1308.(8(a), and a permit may not
be issued until the doctor's permission is obtained and
confirmed. The author's office believes that this will
ensure that the child's health is everyone's first
priority.
Prior Legislation
AB 1401 (Assembly Arts, Entertainment, Sports, Tourism &
Internet Media Committee),Chapter 557, Statutes of 2011,
established a program administered by the Labor
Commissioner that would enable a minor's parent or
guardian, prior to the first employment of the minor
performer, to obtain a temporary permit for the employment
of a minor to work in the entertainment field. It also
created the Entertainment Work Permit Fund into which would
be deposited an application fee that would be required for
the issuance of a temporary permit. Upon appropriation by
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the Legislature, the proceeds from this fund are to be used
to pay the cost of administering the temporary minor's
entertainment work permit program. The bill also
authorized the Labor Commissioner, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/28/12)
Screen Actors Guild - American Federation of Television and
Radio Artists (SAG-AFTRA)
ARGUMENTS IN SUPPORT : SAG-AFTRA states that they support
this bill, which is a clean-up to AB 1401 of last year.
This bill clarifies certain provisions of AB 1401 and
allows its purpose and intent to be fully implemented.
ASSEMBLY FLOOR : 55-20, 5/7/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fong,
Fuentes, Galgiani, Gatto, Gordon, Gorell, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Conway, Cook, Donnelly, Beth Gaines, Garrick, Grove,
Hagman, Halderman, Harkey, Jeffries, Jones, Knight,
Logue, Mansoor, Miller, Morrell, Nestande, Nielsen,
Norby, Smyth
NO VOTE RECORDED: Brownley, Fletcher, Furutani, Hall,
Portantino
PQ:m 6/28/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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