BILL ANALYSIS Ó
AB 344
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 344 (Ian Calderon) - As Amended: April 8, 2013
SUBJECT : Minors entertainment work permit: fee.
SUMMARY : Allows the Labor Commissioner (LC) to collect a fee
for the issuance of a minors entertainment work permit (EWP) to
offset costs. Specifically, this bill :
1)Authorizes the LC to impose a fee, not exceeding $50 dollars,
for the issuance of an EWP, required by this section, to
offset costs.
2)Requires the LC to deposit the fees collected into the
Entertainment Work Permit Fund (Fund).
3)Makes the funds available to the LC upon appropriation from
the Legislature to pay for the costs associated with issuance
of the EWP.
EXISTING LAW :
1)Requires written consent from the LC, in the form of an EWP,
for the employment of a minor in the entertainment industry,
as specified.
2)Provides that the written consent of the LC expires after ten
days unless a Coogan Trust Account (Account) has been
established for the minor. If evidence of the established
Account is attached to the written consent, then the written
consent is valid for six months.
3)Defines a "Coogan Trust Account" to mean a trust account
established for the purpose of preserving for the benefit of a
minor the portion of the minor's gross earnings.
4)Authorizes, prior to the employment of a minor under 16 years
of age, the LC to issue a ten day temporary EWP enabling the
parent or guardian of the minor to apply for written consent
and to establish a Coogan Trust Account, or similar trust
account, for the benefit of the minor.
AB 344
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5)Establishes the EWP Fund (Fund) in the State Treasury and
requires the LC to deposit all fees received for ten day
temporary EWP's into the Fund. The monies deposited in the
Fund are available to the LC, upon appropriation by the
Legislature, to pay for the costs of administering the online
ten day temporary EWP program.
6)Authorizes the LC to set the fee, not to exceed $50, for the
minor's ten day temporary EWP in an amount sufficient to pay
for the costs associated with the Internet Web site.
FISCAL EFFECT : Unknown
COMMENTS : Under current law, child performers under 18 years
of age are required to have a standard six month EWP issued by
the LC in order to work in the entertainment industry in
California. There is no fee for this service. This EWP is in
addition to work permits required from schools for minors.
Until recently, applicants either mailed in or dropped off the
EWP to the Division of Labor Standards Enforcement (DLSE) along
with any other required documents to obtain the written consent.
According to the author, this process may take up to two weeks
for an EWP to be issued. Therefore, parents and guardians of
child performers often obtained an EWP "just in case". This has
resulted in an inefficient costly work load for the LC's office
which issues over 60,000 EWP's annually a number much larger
than the pool of minors working in the entertainment industry.
Last session, this Committee heard and passed AB 1401 (AEST&IM
Committee) which, among other things, required DLSE to make
available on its Internet Web site the application form for a
ten day temporary EWP, as specified. The temporary EWP is issued
the same day and available on a one-time basis and subject to a
fee of no more than $50 to pay for the costs of the temporary
EWP. The online system has recently been expanded to include
the standard EWP and renewal EWP application forms.
The author states this bill is necessary to provide the LC with
the needed resources for the administration and enforcement of
the EWP program. He states that he is working closely with the
LC and the Administration on this bill and asserts that despite
recent legislation which created the same-day ten day temporary
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EWP system online additional resources are necessary for the
existing paper based EWP program.
PRIOR LEGISLATION :
AB 1401 (AEST&IM Committee) Chapter 557, Statutes of 2011,
established an Internet Web site permit fee up to $50 and
process for online EWP's to be administered by the DLSE for the
immediate issuance of temporary EWP's for minors employed in the
entertainment industry, among other things.
AB 2032 (Davis) of 2010, would have created a fund for the
enforcement of existing law for minors in the entertainment
industry, which, with Legislative appropriation, would finance
the issuance of EWPs and the enforcement of working conditions
for minors in the entertainment industry. AB 2032 was vetoed.
AB 402 (Davis) of 2009, was substantially similar in content to
AB 2032 (Davis). AB 402 was vetoed.
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.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
BizParentz Foundation
Opposition
None on file.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091
AB 344
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