BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JULY 13, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 23, 2009

   An act to add Section 1308.10 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 402, as amended, Davis. Employment: entertainment work permits.

   Existing law requires the written consent of the Labor
Commissioner for the employment of a minor, as specified, in
entertainment productions or as an advertising or photographic model
or as a participant or player in a sport. Under existing law, a minor
is required to obtain an entertainment work permit from the Labor
Commissioner in order to be employed in those capacities.
   This bill  , which would be known as the Michael Jackson Child
Performers Workplace Protection Act,  would require that a fee
of $50 be submitted at the time the minor applies for the work
permit. The bill would specify that the fee be deposited into the
Entertainment Work Permit Fund, which would be created by the bill,
and would make this fee revenue available to the Labor Commissioner,
upon appropriation, for the costs of issuing the permit, enforcing
the provisions regulating a minor's employment in fields requiring
issuance of an entertainment work permit, and administering the
entertainment work permit program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known and may be
cited as the Michael Jackson Child Performers Workplace Protection
Act. 
   SECTION 1.   SEC. 2.   Section 1308.10
is added to the Labor Code, to read:
   1308.10.  To obtain an Entertainment Work Permit pursuant to
Section 11753 of Title 8 of the California Code of Regulations, an
applicant shall submit to the Labor Commissioner an application and
an application fee of fifty dollars ($50). The Labor Commissioner
shall deposit the fee into the Entertainment Work Permit Fund, which
is hereby created in the State Treasury. Revenue in the Entertainment
Work Permit Fund shall be available to the Labor Commissioner, upon
appropriation by the Legislature, to pay for the costs of all of the
following:
   (a) Issuing Entertainment Work Permits.
   (b) Enforcing the provisions of Section 1308.5, including making
at least one unannounced site visit per quarter to a randomly
selected set or production facility where one or more children are
working under Entertainment Work Permits.
   (c) Administering the Entertainment Work Permit program, including
developing and enhancing an Internet Web site, developing and
updating informational materials, and providing training to studio
teachers, as defined in Section 11755 of Title 8 of the California
Code of Regulations, regarding their role in enforcing the
requirements of Section 1308.5 and the regulations adopted pursuant
thereto.