BILL ANALYSIS �
AB 2396
Page 1
ASSEMBLY THIRD READING
AB 2396 (Arts, Entertainment, Sports, Tourism & Internet Media
Committee)
As Introduced February 24, 2012
Majority vote
LABOR & EMPLOYMENT 5-1 ARTS, ENTERTAINMENT, SPORTS
8-1
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|Ayes:|Swanson, Alejo, Allen, |Ayes:|Campos, Achadjian, |
| |Furutani, Yamada | |Butler, Carter, Gatto, |
| | | |Mendoza, Monning, Silva |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Beth Gaines |
| | | | |
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APPROPRIATIONS 13-3
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Gatto, Hall, Hill, | | |
| |Lara, Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Nielsen, Norby | | |
| | | | |
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SUMMARY : Clarifies that prior to obtaining a temporary work
permit for infants, a medical certification from a doctor must
first be obtained and verified and makes technical clean-up
changes.
EXISTING FEDERAL LAW regulates the employment of minors in the
United States under the federal Fair Labor Standards Act (FLSA)
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, United States Code
Section 212, et seq.)
EXISTING STATE LAW :
AB 2396
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1)Requires the written consent of the Labor Commissioner (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)States that all minors less than 18 years of age, with limited
exceptions, employed in the state of California must have a
permit to work and their employers must have a permit to
employ minors, as specified.
4)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 Division
of Labor Standards Enforcement (DLSE). (Labor Code Section
1299; Education Code Sections 49161, 49164, and 49181)
5)Provides that failure to produce Permits to Work or to Employ
is prima facie evidence of the illegal employment of minors,
and subjects the employer to a fine. (Labor Code Sections
1288 and 1304; Education Code Section 49181)
6)Provides that once written consent is given by the LC, as
specified, that consent shall be void after the expiration of
10 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 and enforcement shall be done by the LC.
7)Establishes a program to be administered by the LC that would
enable a minor's parent or guardian to obtain a temporary
permit for the employment of a minor, under specified
conditions. Also authorizes the LC to collect and deposit
money into the Entertainment Work Permit (EWP) Fund to use the
proceeds from the EWP Fund to pay the costs of administrating
the program, as specified. (Labor Code Section 1308.10)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there will be no direct fiscal impact to the state
for this bill.
COMMENTS : Last year the Assembly Labor and Employment Committee
AB 2396
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heard AB 1401 (Arts, Entertainment, Sports, Tourism & Internet
Media Committee), Chapter 557, Statutes of 2011, which
established a program to be administered by the LC that would
enable a minor's parent or guardian to obtain a temporary permit
for the employment of a minor, under specified conditions. AB
1401 also authorizes the LC to collect and deposit money into
the Entertainment Work Permit (EWP) Fund to use the proceeds
from the EWP Fund to pay the costs of administrating the
program, as specified.
This bill makes clarifying and technical clean-up changes to
correct a drafting error in the chaptered version of AB 1401,
which inadvertently combined the names of the Labor Enforcement
and Compliance Fund and the Entertainment Work Permit Fund used
to pay for startup costs incurred in the creation of the
program.
Additionally, this bill clarifies that prior to obtaining a
temporary work permit for infants, a medical certification from
a doctor must first be obtained and confirmed. The
clarification is in alignment with the information currently
posted on the Department of Industrial Relations (DIR) Web site
regarding the 10 day Temporary Entertainment Work Permits.
Prior and related legislation :
AB 1401 (Arts, Entertainment, Sports, Tourism & Internet Media
Committee), Chapter 557, Statutes of 2011, established a program
to be administered by the LC that would enable a minor's parent
or guardian, prior to the first employment of a minor performer
to obtain a temporary permit for the employment of a minor to
work in the entertainment field.
AB 2032 (Davis) of 2009, which was vetoed by the Governor, would
have levied a fee to fund the administration of permits for
minors in the entertainment industry, as well as to fund
enforcement of working conditions for minors in the industry.
AB 402 (Davis) of 2009, would have required a $50 fee be
submitted at the time when a minor applies for an EWP and
directed the LC to collect and deposit the money into a special
fund for the administration and enforcement of EWPs for minors,
as provided. AB 402 was vetoed by the Governor.
AB 2396
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SB 210 (Burton), Chapter 667, Statutes of 2004, added the
requirement that the LC's written consent for performances of a
minor be limited to 10 days, unless a Coogan Trust Account has
been established.
SB 1162 (Burton), Chapter 940, Statutes of 1999, made
significant changes to the Coogan law.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091
FN: 0003437