BILL ANALYSIS �
AB 332
Page 1
Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 332 (Hall) - As Amended: April 17, 2013
Policy Committee: Arts Vote:5-1
Labor 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
The bill requires employers engaged in the production of adult
films to adopt safety-related practices and procedures regarding
sexually transmitted diseases (STDs). Specifically, this bill:
1)Requires these employers to:
a) Adopt practices and procedures consistent with existing
state regulations, to protect employees from exposure to
blood and potentially infectious materials. This includes
requiring the use of condoms and other protective barriers
whenever acts of vaginal or anal intercourse are filmed.
b) Make available the hepatitis B vaccination and all
medical follow-up as required by existing state regulations
c) Designate a custodian of records for purposes of the
above, and pay all costs of required medical monitoring.
d) Adopt, implement, and maintain a written health and
safety program and provide a training program in accordance
with existing state regulations.
2)Requires the Occupation Safety and Health Standards Board to
adopt regulations to implement all of the above by January 1,
2015.
FISCAL EFFECT
1)One-time special fund cost in the range of $150,000 to the
OSHA Standards Board for a senior safety engineer and legal
AB 332
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and related support to develop and adopt the regulations.
[Occupational Safety and Health Fund]
2)As enforcement of the bill's requirements will likely be on a
complaint-driven basis, costs to CalOSHA will likely be
absorbable.
COMMENTS
1)Background . According to information submitted by the bill's
supporters, "The adult film industry (AFI) in the US earns an
estimated $9 to $13 billion in gross revenues annually from
the production of 4,000 to 11,000 films. Although adult film
production occurs throughout the United States, an estimated
90% of adult films are made in Los Angeles where around 200
production companies employ up to 1,500 workers.
2)Purpose . This bill is sponsored by the AIDS Healthcare
Foundation (AHF), which states it is intended to clarify in
statute the authority of the Division of Occupational Safety
and Health (DOSH) to regulate the safety of workers in the
adult film industry.
According to AHF, "At any given time, there are approximately
2000-3000 Californians who are employed as performers, but the
roll call of performers is constantly shifting. The Los
Angeles Department of Public Health (LADPH) has documented an
epidemic of sexually transmitted diseases among workers in the
adult film industry. It attributes the epidemic to a variety
of high-risk acts which workers are required to engage in, and
to a lack of protective equipment for performers, including
condoms."
3)Los Angeles County Measure B . In November 2012, Los Angeles
County voters approved a county initiative requiring the use
of condoms for specified acts during the production of adult
films. Measure B requires individual producers or production
companies, in order to make adult films, to obtain public
health permits from the county Department of Public Health. In
order to obtain the permit, an individual or production
company must complete a blood pathogen training course
approved by the Department. The permit can be revoked for any
violation of the measure, and violators are subject to civil
fines and misdemeanor charges.
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Attorneys for the adult film industry have filed a complaint
in federal court seeking an order enjoining and restraining
the County from enforcing Measure B. Similar complaints were
filed by other filmmakers as well as individual performers. In
part, the complaints allege that Measure B violates the First
Amendment right to the freedom of speech, the Fourteenth
Amendment right to due process, and is preempted under
California state law.
4)Opposition . The Free Speech Coalition (FSC), the professional
association of the adult products and entertainment industry,
argues that this bill would impose unnecessary regulations on
the adult entertainment industry and excessive costs on
California taxpayers. FSC states, "The adult film industry's
current standards and self-regulation are very successful as
represented by the industry's low rate of STI transmission and
no transmission of HIV on an adult set nationwide in more than
8 years. Between April of 2006 and December of 2012 there have
been 46,283 new cases of HIV reported in the state of
California. During that same time period only two performers
contracted HIV-off set-in their personal lives. No
transmission of HIV has occurred on an adult set since 2004
nationwide.
The bill is also opposed by the Valley Industry and Commerce
Association (VICA), which mirrors the above argument and adds,
"This bill is fueled by alternative motives to force the adult
film industry out of California."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081