BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 702| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 702 Author: McGuire (D), et al. Amended: 1/4/16 Vote: 21 SENATE LABOR & IND. REL. COMMITTEE: 5-0, 1/13/16 AYES: Mendoza, Stone, Jackson, Leno, Mitchell SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/21/16 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Employment of minors: agricultural packing plants SOURCE: Author DIGEST: This bill extends a Lake County-specific exemption of child labor law that allows minors to work during the peak agricultural season when school is not in session. ANALYSIS: Existing law: 1)Prohibits any employer employing a minor 16 or 17 years of age for more than 8 hours in one day or more than 48 hours in one week. (Labor Code §1391) 2)Allows the Labor Commissioner to issue exemptions for agricultural packing plants to employ minors that are 16 or 17 years of age to work for up to 10 hours per day during peak SB 702 Page 2 harvest season when school is not in session. The Labor Commissioner may require inspections of agricultural packing plants prior to issuing the exemption. (Labor Code §1393) 3)Allows the Labor Commissioner, upon receiving written approval from the Lake County Board of Education, to issue exemptions to agricultural packing plants to employ minors enrolled in schools located in Lake County to work for up to 10 hours per day and more than 48 hours, but not more than 60 hours, per week during peak harvest season, when school is not in session. This exemption will sunset on January 1, 2017. 4)Requires the Labor Commissioner to inspect the affected Lake County agricultural packing plants before issuing exemptions, and also requires the affected agricultural packing plants file a written report detailing the previous year's payroll, including the age and number of minors employed, as well as the hours they worked. 5)Requires the that Labor Commissioner, on or before November 1, 2016, issue a written report to the Legislature on the general working conditions of minors employed in Lake County agricultural packing plants from March 1, 2011 to October 1, 2016. 6)Requires that the Lake County-specific exemption described above sunsets on January 1, 2017. (Labor Code §1393.5) This bill: 1)Extends the operation of the exemption for agricultural packing plants to employ the specified minors in Lake County until January 1, 2027. 2)Requires that Labor Commissioner, on or before November 1, 2025, issue a written report to the Legislature on the general working conditions of minors employed in Lake County agricultural packing plants from October 1, 2016 to October 1, 2026. 3)Makes minor and technical changes. FISCAL EFFECT: Appropriation: No Fiscal SB 702 Page 3 Com.:YesLocal: No According to the Senate Appropriations Committee, the Department of Industrial Relations indicates that costs to produce the report on working conditions in the Lake County packing industry would be minor and absorbable. SUPPORT: (Verified1/11/16) California Farm Bureau Federation California Fresh Fruit Association California Pear Growers California Women for Agriculture, Lake County Chapter County of Lake Board of Supervisors-Anthony W. Farrington Kelseyville High School OPPOSITION: (Verified1/11/16 None received ARGUMENTS IN SUPPORT: According to the author's office, the deadline should be extended to help deal with the labor shortages in Lake County's agricultural industry during harvest time in August. The pear-packing season lasts only four to six weeks and coincides with the pick-up in tourism, the other large labor industry in Lake County. With both tourism and agriculture at peak activity, the available labor pool is limited. In 2007, the Lake County Employment Development Department (EDD) branch office reported that the labor shortage last season was "extreme", resulting in the loss of $2.5 million in lost pears, and would have been exacerbated by an absence of minors working in the agricultural packing plants. The EDD also reported that total summer wages were in excess of $60,000 for the participating minors, allowing students to focus on academic, rather than economic, issues during the school year. SB 702 Page 4 Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556 1/25/16 16:16:50 **** END ****