Bill Text: CA AB402 | 2009-2010 | Regular Session | Enrolled
Bill Title: Employment: entertainment work permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB402 Detail]
Download: California-2009-AB402-Enrolled.html
BILL NUMBER: AB 402 ENROLLED BILL TEXT PASSED THE SENATE SEPTEMBER 3, 2009 PASSED THE ASSEMBLY SEPTEMBER 9, 2009 AMENDED IN SENATE AUGUST 31, 2009 AMENDED IN SENATE AUGUST 24, 2009 AMENDED IN SENATE AUGUST 17, 2009 AMENDED IN SENATE JULY 13, 2009 AMENDED IN ASSEMBLY JUNE 1, 2009 INTRODUCED BY Assembly Member Davis FEBRUARY 23, 2009 An act to add Section 1308.10 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 402, Davis. Employment: entertainment work permits. Existing law requires the written consent of the Labor Commissioner for the employment of a minor, as specified, in entertainment productions or as an advertising or photographic model or as a participant or player in a sport. Under existing law, a minor is required to obtain an entertainment work permit from the Labor Commissioner in order to be employed in those capacities. This bill would require that a fee be submitted at the time the minor applies for the work permit. The bill would specify that the fee be deposited into the Entertainment Work Permit Fund, which would be created by the bill, and would make this fee revenue available to the Labor Commissioner, upon appropriation, for the costs of issuing the permit, enforcing the provisions regulating a minor's employment in fields requiring issuance of an entertainment work permit, and administering the entertainment work permit program. The bill would provide that the fee to be submitted to the Labor Commissioner pursuant to these provisions would be $50 until January 1, 2012, and, on and after January 1, 2012, the fee would be set by the Labor Commissioner in an amount, not to exceed $50, sufficient to pay for the costs set forth above. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1308.10 is added to the Labor Code, to read: 1308.10. (a) To obtain an Entertainment Work Permit pursuant to Section 11753 of Title 8 of the California Code of Regulations, an applicant shall submit to the Labor Commissioner an application and an application fee. The Labor Commissioner shall deposit the fee into the Entertainment Work Permit Fund, which is hereby created in the State Treasury. Revenue in the Entertainment Work Permit Fund shall be available to the Labor Commissioner, upon appropriation by the Legislature, to pay for the costs of all of the following: (1) Issuing Entertainment Work Permits. (2) Enforcing the provisions of Section 1308.5, including 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 Entertainment Work Permits. (3) Administering the Entertainment Work Permit program, including developing and enhancing an Internet Web site, developing and updating informational materials, and providing training to studio teachers, as defined in Section 11755 of Title 8 of the California Code of Regulations, regarding their role in enforcing the requirements of Section 1308.5 and the regulations adopted pursuant thereto. (b) Until January 1, 2012, the fee submitted to the Labor Commissioner pursuant to subdivision (a) is fifty dollars ($50). On and after January 1, 2012, the fee shall be set by the Labor Commissioner in order to collect sufficient revenue to pay for the costs set forth in paragraphs (1) to (3), inclusive, of subdivision (a), but shall not exceed fifty dollars ($50).