BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 702|
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                                   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  








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            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  







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          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.  








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          Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
          1/25/16 16:16:50


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