AB 344, as introduced, Ian Calderon. Employment of minors: permit.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner in the form of a permit for a minor under the age of 16 to take part in specified types of employment.
This bill would require the Labor Commissioner to impose a reasonable fee sufficient to offset the costs of carrying out these provisions, but not to exceed $50.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1308.5 of the Labor Code is amended to
2read:
(a) This section, with the exception of paragraph (4)
4of this subdivision, shall apply to all minors under the age of 16
5years. The written consent of the Labor Commissioner in the form
6of a permit to employ a minor in the entertainment industry is
7required for any minor, not otherwise exempted by this chapter,
8for any of the following:
P2 1(1) The employment of any minor, in the presentation of any
2drama, legitimate play, or in any radio broadcasting or television
3studio.
4(2) The employment of any minor 12 years of age or over in
5any other performance, concert, or entertainment.
6(3) The appearance of any minor over the age of eight years in
7
any performance, concert, or entertainment during the public school
8vacation.
9(4) Allowing any minor between the ages of 8 and 18 years,
10who is by any law of this state permitted to be employed as an
11actor, actress, or performer in a theater, motion picture studio,
12radio broadcasting studio, or television studio, before 10 p.m., in
13the presentation of a performance, play, or drama continuing from
14an earlier hour until after 10 p.m., to continue his or her part in
15such presentation between the hours of 10 p.m. and midnight.
16(5) The appearance of any minor in any entertainment which is
17noncommercial in nature.
18(6) The employment of any minor artist in the making of
19phonograph recordings.
20(7) The employment of any minor as an advertising or
21photographic
model.
22(8) The employment or appearance of any minor pursuant to a
23contract approved by the superior court under Chapter 3
24(commencing with Section 6750) of Part 3 of Division 11 of the
25Family Code.
26(b) Any person, or the agent, manager, superintendent, or officer
27thereof, employing either directly or indirectly through third
28persons, or any parent or guardian of a minor who employs, or
29permits any minor to be employed in violation of any of the
30provisions of this section is guilty of a misdemeanor. Failure to
31produce the written consent from the Labor Commissioner is prima
32facie evidence of the illegal employment of any minor whose
33written consent is not produced.
34(c) The Labor Commissioner shall impose a fee for the issuance
35of a
permit in an amount sufficient to offset the costs of
36implementing this section, but not to exceed fifty dollars ($50).
37The Labor Commissioner shall deposit fees collected under this
38section into the Entertainment Work Permit Fund. The funds shall
39be available to the Labor Commissioner, upon appropriation by
P3 1the Legislature, to pay for the costs associated with carrying out
2this section.
O
99