BILL ANALYSIS
AB 402
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
William W. Monning, Chair
AB 402 (Davis) - As Introduced: February 23, 2009
SUBJECT : Employment: entertainment work permits for minors.
SUMMARY : Requires a $50 fee be submitted at the time when a
minor applies for an Entertainment Work Permit (EWP) and directs
the Labor Commissioner (LC) to collect and deposit the money
into a special fund for the administration and enforcement of
EWPs for minors, as provided. Specifically, this bill :
1)Requires that an applicant for an EWP submit to the LC an
application fee of fifty dollars ($50) with their application.
2)Creates an Entertainment Work Permit Fund in the State
Treasury.
3)Directs the LC to deposit the EWP fee collected into the
Entertainment Work Permit Fund.
4)Provides that, notwithstanding Government Code Section 13340,
the revenue in the Entertainment Work Permit Fund is
continuously appropriated to the LC to pay for the costs of
issuing entertainment work permits and for enforcing the
provisions of Labor Code Section 1308.5.
EXISTING LAW
1)Requires the written consent of the LC for the employment of a
minor in the entertainment industry, as specified. (Labor Code
section 1308.5)
2)Requires an entertainment work permit to be obtained from the
LC for a minor in order for them to be employed in the
entertainment industry.
3)Provides that once written consent is given by the LC, as
specified, that consent shall be void after the expiration of
ten business days from the date the written consent was
granted unless it is attached to a true and correct copy as
evidence that a "Coogan Trust Account" has been established on
AB 402
Page 2
behalf of the minor.
FISCAL EFFECT : Unknown
1)COMMENTS : According to the author, "During the budget
negotiations earlier this year, a proposal came forward to do
away with the role the California State Industrial Relations
Division of Labor Standards Enforcement (DLSE) plays in
issuing EWPs for minors, as a cost saving measure. It was
thought that simply having a work permit, which are currently
issued by school officials, was sufficient protection for our
children working in the field of entertainment. While looking
into the issue of work permits for minors in the entertainment
field, it became clear that what we need is more protections
for our working children, not less.
"One of the most important protections we provide for our
working children is protection of their assets from misuse,
through a provision in law known as the Coogan Act. This Act
is named after the famous actor, Jackie Coogan, whose mother
and stepfather squandered over four million dollars that he
earned as a child television and movie star in the 1930's.
"While current law requires the DLSE to issue applicants a EWP
upon presentation of proof of school attendance, adequate
grades and health records, in order for the permit to be
accepted by an employer as valid, the EWP must have proof that
a Coogan Account exists for that child attached to it.
Without the Coogan Account, the permit expires in ten days.
Surprisingly, no one from the state of California ever follows
up on this requirement. The entire state plan for protecting
the welfare of California's working child performers is
delegated to the employers. While I believe the studio
teachers, who enforced the Coogan Act through EWP review, are
persons of integrity and great value, this situation places
them in a situation that appears to be a conflict of interest.
The state should provide minimal oversight at the least, in
order to adequately protect our working children and prevent
undue pressure on the Studio Teachers to be 'production
friendly.'
"Under the current statutory scheme, DLSE is supposed to help
enforce this important protection by mandating that a person
must wait six months before the DLSE will issue another
Entertainment Work Permit. However, there is not any method
AB 402
Page 3
established in the DLSE for tracking permits once issued.
Therefore, this protection is also illusory. Finally, this
bill will provide a funding stream to offset the costs of
these protections, by adding a minimal fee to the application
for EWP, as other states have already done."
The author's office states that it would like the bill to go
further by requiring that DLSE establish a method for tracking
EWPs once issued. This will prevent venue shopping by persons
who have already received a ten day work permit. This bill will
also have a provision to require DLSE to make unannounced visits
to the workplace of child performers, in order to ascertain
whether the performer's paperwork is in order - adding a second
level of protection.
The Screen Actors Guild, who supports this bill, believes under
the current structure there is an inadequate system to monitor
and track the work permits issued to minors in the entertainment
industry. They state that by creating a "Work Permit Fund" to
enforce regulations that protect the young actors the bill will
be creating a safer more secure work environment.
For more detailed background information please see the
Committee on Arts, Entertainment, Sports, Tourism and Internet
Media policy committee analysis.
REGISTERED SUPPORT / OPPOSITION :
Support
Screen Actors Guild
Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091