BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 8, 2011 2011-2012 Regular
Session
Consultant: Gideon L. Baum Fiscal:No
Urgency: No
Bill No: AB 1393
Author: Assembly Committee on Arts, Entertainment, Sports,
Tourism and Internet Media
Version: As Amended April 7, 2011
SUBJECT
Employment: on-location filming permits.
KEY ISSUE
Should the Legislature allow a local agency or public entity
that issues a permit for on-location motion picture to inform
the Department of Industrial Relations (DIR) and the Division of
Labor Standards Enforcement (DLSE) whether a child or children
will be employed at a particular film production location?
PURPOSE
To simplify the enforcement of child labor laws in the
entertainment industry.
ANALYSIS
Existing law requires the written consent of the Labor
Commissioner for the employment of a minor in the entertainment
industry, as specified.
Existing law requires an entertainment work permit to be
obtained from the Labor Commissioner for a minor in order for
them to be employed in the entertainment industry.
Existing law provides that once written consent is given by the
Labor Commissioner, 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 behalf of the minor.
This bill allows a local agency or public entity that issues a
permit for on-location motion picture to inform the Department
of Industrial Relations (DIR) and the Division of Labor
Standards Enforcement (DLSE), upon request, whether a child or
children will be employed at a particular film production
location.
This bill requires that the information released can only be
used only for purposes of enforcing labor law employment of
minors and may not be used for any other purpose.
This bill clarifies that this law does not create a duty for a
local agency or public entity that issues a permit for
on-location motion picture, television, or commercial production
to seek, obtain, or maintain information regarding whether a
child or children will be employed at a particular production
location.
COMMENTS
1. Need for this bill?
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 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 Division of Labor
Standards Enforcement (DLSE).
Except certain special circumstances, all minors less than 18
years of age employed in the state of California must have a
permit to work and their employers must have a permit to
Hearing Date: June 8, 2011 AB 1393
Consultant: Gideon L. Baum Page 2
Senate Committee on Labor and Industrial Relations
employ minors. Typically, after an employer agrees to hire a
minor, the minor obtains from his or her school a Department
of Education form entitled "Statement of Intent to Employ
Minor and Request for Work Permit". In addition to the permit
to work, minors aged 15 days to 18 years employed in the
entertainment industry must have a permit to work, and
employers must have a permit to employ, both permits being
issued by the DLSE.
However, these permits alone may not provide the DLSE with all
of the information necessary to enforce the law. For example,
if enforcement agents were to go to the address of the
production company, only to find out that the film shoot was
"on-location", the enforcement agents would be limited in
their ability to ascertain if the law was being followed. By
allowing DIR and DLSE officials to follow up with local
officials, AB 1393 would limit the impediment of on-location
filming to the enforcement of California's labor laws that
protect minors.
2. Proponent Arguments :
According to the author:
"The Labor Commissioner 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.
Hearing Date: June 8, 2011 AB 1393
Consultant: Gideon L. Baum Page 3
Senate Committee on Labor and Industrial Relations
"AB 1393 would solve the problem of the Labor Commissioner 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 Labor Commissioner, with proper
privacy safeguards."
3. Prior Legislation :
AB 2032 (Davis) of 2010 required applicants for an
Entertainment Work Permit for minors to pay a fee in order to
fund the administration of the Entertainment Work Permits and
the enforcement of the working conditions of minors in the
entertainment industry. It was vetoed by Governor
Schwarzenegger.
SUPPORT
None on file.
OPPOSITION
None on file.
Hearing Date: June 8, 2011 AB 1393
Consultant: Gideon L. Baum Page 4
Senate Committee on Labor and Industrial Relations