BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2032 (Davis)
Hearing Date: 7/15/2010 Amended: 5/28/2010
Consultant: Bob Franzoia Policy Vote: L&IR 4-1
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BILL SUMMARY: AB 2032 would require a fee be submitted at the
time a minor applies to obtain an entertainment work permit
(EWP) from the Labor Commissioner. This bill would specify that
the fee, which would be set by the Labor Commissioner in an
amount not to exceed $50, shall be deposited into the
Entertainment Work Permit Fund and the revenue shall be
available to the Labor Commissioner for the costs of issuing the
permit and administering the EWP program.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
EWP fee Unknown, potentially up to ($2,700)
Special*
annually
$767 to $1,100 savings one time General
* Entertainment Work Permit Fund
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STAFF COMMENTS: Estimates suggest the Division of Labor
Standards Enforcement (DLSE) within the Department of Industrial
Relations processes an estimated 60,000 EWPs annually at a cost
to the General Fund of $767,000 to $1,100,000. The number of
positions associated with EWP oversight is unknown at this time.
If it is assumed that the application of a fee is likely to
reduce the number of persons who seek EWPs, which are valid for
six months pursuant to subdivision (b) of Section 11753 of Title
8 of the California Code of Regulations, by ten percent, a fee
of $50 would generate up to $2,700,000 (27,000 minors x $50 x 2)
annually and would eliminate the need for any General Fund
support.
As required by this bill, enforcement of the EWP would include
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 such permits. Administering the
program would include developing an Internet Web site,
developing and updating informational materials and providing
training to studio teachers regarding their role in enforcing
the applicable requirements and regulations. In part, the
enforcement of this program is placed upon studio teachers who
are responsible for checking a child performer's compliance with
the program. A studio teacher is a certificated teacher who
holds both a valid and current California Elementary and a
California Secondary teaching credential, which is certified by
the Labor Commissioner. Studio teachers, of which there are 170
to 200, are paid by the employer, for example, a production
company or studio. DSLE staff investigates and referees
disputes between studio teachers and employers.
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AB 2032 (Davis)
This bill is nearly identical to AB 402 (Davis) 2009 which was
vetoed by the Governor with the following message:
This bill would require than an application fee of $50 be
submitted at the time a minor applies for a child labor
entertainment work permit.
There have been previous proposals to move issuance of
entertainment work permits to the local school districts which
already issue work permits. Rather than create a new fee and
duties for the Department of Industrial Relations, it is
important to administer this program in the most efficient
manner by transferring this function to the schools.