AB 344, as amended, 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 underbegin delete the age ofend delete 16
5yearsbegin insert of ageend insert. The written consent of the Labor Commissioner in
6the form of a permit to employ a minor in the entertainment
P2 1industry is required for any minor, not otherwise exempted by this
2chapter, for any of the following:
3(1) The employment of any minor, in the presentation of any
4drama, legitimate play, or in any radio broadcasting or television
5studio.
6(2) The employment of any minor 12 years of age or over in
7any other performance, concert, or entertainment.
8(3) The appearance of any minor overbegin delete the age ofend delete eight yearsbegin insert of
9ageend insert in
any performance, concert, or entertainment during the public
10school vacation.
11(4) Allowing any minor betweenbegin delete the ages of 8end deletebegin insert eightend insert and 18
12yearsbegin insert of age, inclusiveend insert, who is by any law of this state permitted
13to be employed as an actor, actress, or performer in a theater,
14motion picture studio, radio broadcasting studio, or television
15studio, before 10 p.m., in the presentation of a performance, play,
16or drama continuing from an earlier hour until after 10 p.m., to
17continue his or her part inbegin delete suchend deletebegin insert
thatend insert
presentation between the hours
18of 10 p.m. and midnight.
19(5) The appearance of any minor in any entertainment which is
20noncommercial in nature.
21(6) The employment of any minor artist in the making of
22begin delete phonographend deletebegin insert audioend insert recordings.
23(7) The employment of any minor as an advertising or
24photographic model.
25(8) The employment or appearance of any minor pursuant to a
26contract approved by the superior court under Chapter 3
27(commencing with Section 6750) of Part 3 of Division 11 of
the
28Family Code.
29(b) Any person, or the agent, manager, superintendent, or officer
30thereof,begin delete employingend deletebegin insert who employs a minorend insert either directly or
31indirectly through third persons, or any parent or guardian of a
32minor whobegin delete employs,end deletebegin insert employsend insert or permits any minor to be employedbegin insert,end insert
33
in violation of any of the provisions of this section is guilty of a
34misdemeanor. Failure to produce the written consent from the
35Labor Commissioner is prima facie evidence of the illegal
36employment of any minor whose written consent is not produced.
37(c) The Labor Commissioner shall impose a fee for the issuance
38of a permitbegin insert required by this sectionend insert in an amount sufficient to offset
39the costs of implementing this section, but not to exceed fifty
40dollars ($50). The Labor Commissioner shall deposit fees collected
P3 1under this section into the Entertainment Work Permit Fund. The
2funds shall be available to the Labor Commissioner, upon
3appropriation by the Legislature, to pay for the costs associated
4with carrying out this
section.
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