BILL NUMBER: AB 2539 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2016
INTRODUCED BY Assembly Member Levine
FEBRUARY 19, 2016
An act to add Chapter 6 (commencing with Section 1707) to Part 6
of Division 2 of the Labor Code, relating to modeling agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2539, as amended, Levine. Modeling agencies: licensure: models:
employees.
The California Occupational Safety and Health Act of 1973
establishes certain safety and other responsibilities of employers
and employees. Violations of the act under certain circumstances are
a crime. Existing law establishes the Department of Industrial
Relations to, among other things, foster, promote, and develop the
welfare of the wage earners, to improve their working conditions, and
to advance their opportunities for profitable employment.
Existing law provides for the licensure and regulation of talent
agencies, as defined, by the Labor Commissioner. Existing law
requires moneys collected for licenses and fines collected for
violations of these provisions to be paid into the State Treasury and
credited to the General Fund.
This bill would require a person engaging in the occupation of a
modeling agency, as defined, to be licensed by the Labor
Commissioner. Commissioner under the licensing
provisions that apply to talent agencies. The bill would
require a model, as defined, to be classified as an employee of
a modeling agency and require a model to obtain a specified
health certification from a licensed physician before being employed
as a model. The bill would require a modeling agency to obtain that
health certification before hiring a model, to post in a conspicuous
place in its office a health advisory relating to eating disorders
and sexual harassment or assault, and to maintain specified records
relating to its employment of models. The bill would provide that a
violation of the certification requirement by a modeling agency is a
crime. By creating a new crime, the bill would impose a
state-mandated local program. the person for whom the
model's services are directly provided. The bill would require
the Occupational Safety and Health Standards Board and the
State Department of Public Health to draft regulations relating to
the modeling profession, as provided. to, no later
than December 1, 2017, and in consultation with accredited
specialists in the prevention and treatment of eating disorders,
adopt an occupational safety and health standard for models, as
specified. The bill would impose specified license
fees upon modeling agencies to be deposited into the State Treasury
and credited to the General Fund. exempt a person
covered by certain wage orders by the Industrial Welfare Commission
from these provisions. The bill would define various terms for
its purposes and would make related findings.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6 (commencing with Section 1707) is added to
Part 6 of Division 2 of the Labor Code, to read:
CHAPTER 6. MODELING AGENCIES
1707. The Legislature finds and declares all of the following:
(a) Professional fashion models face pervasive and hazardous
occupational demands to maintain extreme and unhealthy thinness.
These occupational pressures create a dangerous work environment.
Models experience a substantially elevated risk of eating disorders
and other severe health problems associated with starvation.
(b) The majority of models enter the industry as minors, making
them especially vulnerable to mistreatment and to the physical and
psychological damage caused by eating disorders. Women working as
professional fashion models are more likely to have a diagnosis of
anorexia nervosa, dangerously low body mass index, and amenorrhea,
which is a serious medical indicator of hormonal dysregulation that
can have negative health consequences for life.
(c) As with all workers, professional fashion models are entitled
to safe working conditions. The time, place, and means of the
services provided by professional models are typically controlled by
the company paying their compensation. Therefore,
professional models are typically required to be classified as
employees rather than Many models,
including minors, are wrongly treated as independent
contractors according to existing federal and state law.
and currently do not receive workplace
protections. Clarifying their classification as employees
of the companies paying their compensation will enhance
their workplace protections.
(d) The impact of the fashion industry on health reaches far
beyond the hazardous occupational conditions that professional models
endure. Through its dominant presence in the mass media and
pervasive influence on setting cultural standards for apparel,
particularly for girls and young women, the fashion industry helps to
define, transmit, and reinforce an unrealistic standard of thinness,
a well-documented risk factor for eating disorders.
(e) Scientific research has shown that viewing media images of
extremely thin models leads to body dissatisfaction in adolescent
girls and young women, especially those who already have heightened
vulnerability to eating disorders. In addition, scientific studies
have shown that body dissatisfaction in adolescence is a strong
indicator that a young person may develop an eating disorder.
(f) Improving working conditions to reduce excessive thinness
among professional models is likely to lead to healthier images of
models' weight. This change in media portrayals of models' weight may
help to achieve a larger societal value in making media images more
healthful and less damaging to girls' and young women's body image,
ultimately reducing their risk for eating disorders.
1707.1. For purposes of this chapter, the following definitions
shall apply:
(a) "License" means a license issued by the Labor Commissioner
as a talent agency to carry on the business of a modeling
agency under this chapter. Chapter 4
(commencing with Section 1700).
(b) "Licensee" means a modeling agency that holds a valid license
as a talent agency under this chapter.
Chapter 4 (commencing with Section 1700).
(c) "Model" means an individual
artist under Section 1701 covered under Wage Order 4 of the
Industrial Welfare Commission who, in the course of his or her
occupation, performs modeling services for, or who consents in
writing to the transfer of his or her exclusive
legal right to the use of his or her name, portrait, picture, or
image for advertising purposes or for the purposes of trade directly
to, a retail store, a manufacturer, an advertising agency, a
photographer, a publishing company, or a modeling agency.
(d) "Modeling agency" means a person that compensates a
model and that dictates the assignments, hours of work, or
performance locations of the model. facilitates an
employment opportunity as defined in Section 1701 for a model and
that holds a valid license under Chapter 4 (commencing with Section
1700).
(e) "Modeling services" means the appearance by a model in
photographic sessions or the engagement of a model in runway, live,
filmed, or taped performances requiring him or her to pose, provide
an example or standard of artistic expression, or to be a
representation to show the construction or appearance of some thing
or place for purposes of display or advertising.
(f) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
manager, or their agents or employees.
1707.2. (a) A model shall
be classified as an employee of a modeling agency.
the person for whom the model's services are directly provided.
(b) (1) A modeling agency shall not hire a model without first
obtaining the health certification described in Section 1707.4.
(2) Any modeling agency that does not obtain the certification
described in subdivision (a) of Section 1707.4 is guilty of a
misdemeanor and subject to a fine not to exceed five thousand dollars
($5,000).
1707.3. (a) A person shall
not engage in or carry on the occupation of a modeling agency without
first procuring a license therefor from the Labor
Commissioner. The license shall be posted in a conspicuous place in
the office of the licensee. The license number shall be referred to
in any advertisement for the purpose of the solicitation of a model
for the modeling agency. under Chapter 4 (commencing
with Section 1700).
(b) A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time the application for issuance of a
modeling agency license is filed.
(c) In addition to the filing fee required for application for
issuance of a modeling agency license, every modeling agency shall
pay to the Labor Commissioner annually at the time a license is
issued or renewed the following:
(1) A license fee of two hundred and twenty-five dollars ($225).
(2) Fifty dollars ($50) for each branch office maintained by the
modeling agency in this state.
1707.4. (a) A model shall obtain written certification
from a licensed physician that he or she is in healthy physical
condition and submit this certification to a modeling agency before
being hired by a modeling agency. A model shall make his or her
medical records available to the physician, and the physician shall
review the model's medical records as part of the certification of
the model's physical condition.
(b) Every modeling agency shall keep records, in a form approved
by the Labor Commissioner, that include all of the following:
(1) A copy of the certification described in subdivision (a) for
each model it employs.
(2) The dates of employment and the amount of compensation paid
for each model.
(c) (1) Every modeling agency shall post in a conspicuous place in
its office a health advisory relating to eating disorders that
includes a phone number to the Occupational Safety and Health
Standards Board, a phone number to an entity where a model can report
sexual harassment or assault, and any other information that may
specified by the Labor Commissioner.
(2) Any modeling agency that violates the requirements of
paragraph (1) shall be subject to a fine not to exceed five hundred
dollars ($500) per day that those requirements are violated.
This chapter shall not apply to persons covered by Wage Order 11,
regulating the Broadcasting Industry, or Wage Order 12, regulating
the Motion Picture Industry, of the Industrial Welfare Commission.
1707.5. (a) The Occupational Safety and Health Standards Board
and the State Department of Public Health shall draft
regulations, in consultation with physicians and other health
professionals with expertise in eating disorders, that do all of the
following: shall, no later than December 1, 2017, and
in co nsultation with accredited specialists in the
prevention and treatment of eating disorders, adopt an occupational
safety and health standard for models, with an operative date of
September 1, 2018, to be fully complied with by December 31, 2018 .
The standard shall apply to services provided in California
by models under this chapter and Chapter 4 (commencing with
Section 1700). The Occupational Safety and Health Standards Board may
update these standards from time to time as it deems necessary.
(1) Include detailed requirements of the certification and record
retention requirements described in Section 1707.4.
(2) Require no less than three medical check-ups per year by
models.
(3) Require a model to obtain a nutrition consultation with a
qualified health professional.
(4) Address any medical testing that should be done by a model to
determine his or her fitness to perform his or her job duties and
provide a model with information about the privacy of these test
results.
(b) The regulations standard shall
be adopted in accordance with the rulemaking provisions of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). address issues including, but not limited to,
all of the following:
(1) Protection of the model's rights to health care privacy under
the Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and all other provisions of law.
(2) Workplace safety, especially for minors, including protection
from sexual exploitation and sexual predators.
(3) Prevention and treatment of eating disorders.
1707.6. (a) All books, records, and other papers kept pursuant to
this chapter by a modeling agency shall be open at all reasonable
hours to the inspection of the Labor Commissioner and his agents.
Every modeling agency shall furnish to the Labor Commissioner upon
request a true copy of these books, records, and papers or any
portion thereof.
(b) Every modeling agency that violates subdivision (a) shall be
subject to a fine of five hundred dollars ($500).
1707.7. All moneys collected for licenses and all fines collected
for violations of this chapter shall be paid into the State Treasury
and credited to the General Fund.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.