BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1393|
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THIRD READING
Bill No: AB 1393
Author: Assembly Arts, Entertainment, Sports, Tourism,
and Internet
Media
Amended: 4/7/11 in Assembly
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM : 4-1, 06/08/11
AYES: Lieu, DeSaulnier, Leno, Yee
NOES: Runner
NO VOTE RECORDED: Wyland, Padilla
ASSEMBLY FLOOR : 50-26, 05/19/11 - See last page for vote
SUBJECT : Employment: on-location filming permits
SOURCE : Author
DIGEST : This bill: (1) 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, (2) 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, and (3) 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
CONTINUED
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maintain information regarding whether a child or children
will be employed at a particular production location.
ANALYSIS : Existing law:
1.Requires the written consent of the Labor Commissioner
for the employment of a minor in the entertainment
industry, as specified.
2.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.
3.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:
1.Allows a local agency or public entity that issues a
permit for on-location motion picture to inform DIR and
DLSE, upon request, whether a child or children will be
employed at a particular film production location.
2.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.
3.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
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,
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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 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 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 age 15 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, this bill would limit the impediment
of on-location filming to the enforcement of California's
labor laws that protect minors.
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
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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.
"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."
Prior Legislation
AB 2032 (Davis) of 2009-10 Session, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 50-26, 05/19/11
AYES: Achadjian, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel P�rez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Fletcher,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Alejo, Allen, Gorell, Ma
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PQ:nl 6/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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