BILL ANALYSIS �
AB 1393
Page 1
ASSEMBLY THIRD READING
AB 1393 (Arts, Entertainment, Sports, Tourism, and Internet
Media Committee)
As Amended April 7, 2011
Majority vote
ARTS, ENTERTAINMENT, SPORTS 6-2 LABOR &
EMPLOYMENT 5-1
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|Ayes:|Campos, Butler, Carter, |Ayes:|Swanson, Alejo, Allen, |
| |Gatto, Mendoza, Monning | |Furutani, Yamada |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Olsen, Silva |Nays:|Morrell |
| | | | |
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SUMMARY : Provides that any entity that issues permits for
on-location motion picture, television, or commercial production
may inform the Department of Industrial Relations (DIR) and the
Division of Labor Standards Enforcement (DLSE), whether children
will be employed at a particular production location.
Specifically, this bill :
1)Provides that a local agency or public entity that issues a
permit for on-location motion picture, television, or
commercial production may inform the DIR and the DLSE, upon
request, whether a child or children will be employed at a
particular production location.
2)Requires that the information released shall only be used by
DIR or DLSE for the purposes of enforcing provisions of the
Labor Code relating to the employment of minors.
1)Provides that the information released may not be:
a) Used for any other purpose, or;
b) Further released by DIR or DLSE.
1)Provides that nothing in this section is intended to create a
duty upon a local agency or public entity that issues a permit
for on-location motion picture, television, or commercial
production permits to seek, obtain, or maintain information
AB 1393
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regarding whether a child or children will be employed at a
particular production location.
2)Declares that no reimbursement is required by this act
pursuant to Article XIIIB, Section 6 of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated
by this act, within the meaning of Government Code Section
17556.
FISCAL EFFECT : None
COMMENTS : According to the author, "The Labor Commissioner (LC)
is charged with the task of ensuring workplace safety -
including enforcement of the child labor laws designed to
protect children in the entertainment fields. However, due to
the transient nature of film production, those charged with
protecting our working children often have no idea where they
are working. This presents an obvious problem.
"Filming outside of a certified soundstage or studio backlot
requires a permit from the city, county and/or other local
jurisdiction. While Los Angeles has the vast majority of film
location shooting, issuing some 43,646 permits in 2010, dozens
of other local entities are also issuing permits across the
state. In addition to local permit authorities, the California
Film Commission also issues permits for filming on state
property. Last year, the total number of permits issued for
filming on state property was over 1,500.
"This bill would solve the problem of the LC not knowing where
children are working, by simply allowing any entity which issues
location permits for filming, to disclose whether minors will be
working on the location; information which is available through
the existing requirement that employers must have a permit to
employ minors - and make this information available to the LC,
with proper privacy safeguards."
State law provides the only workplace protections for child
performers; California does so through DLSE, work permits and
studio-employed teachers : The federal Fair Labor Standards Act
(FLSA) regulates the employment of minors in the United States,
but the FLSA provides an exception for "any child employed as an
AB 1393
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actor or performer in motion pictures or theatrical productions,
or in radio or television productions." (29, U.S.C. Section
212, et seq). Consequently, states have been left to adopt
their own policies for ensuring the safety of child performers.
In California, this function has fallen to the DLSE.
The Labor Code provides that employers must keep on file all
Permits to Employ and Work. Records must be open at all times
for inspection by school authorities and officers of the DLSE.
(Labor Code Section 1299; Education Code Sections 49161, 49164,
and 49181).
Privacy protections : The author has also added language to
limit the use of the information, in order to protect the
privacy of the minor performers involved, adding language which
states that the information released "shall only be used for
purposes of enforcing provision of this Part relating to
employment of minors, and may not be used for any other purpose,
nor may the information be further released by the DIR or DLSE."
In addition, the bill provides, "Nothing in this section is
intended to create a duty upon a local agency or public entity
that issues a permit for on-location motion picture, television,
or commercial production permits to seek, obtain, or maintain
information regarding whether a child or children will be
employed at a particular production location."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450
FN: 0000549