Bill Text: CA AB402 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	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, as amended, 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, which would be known as the Michael Jackson Child
Performers Workplace Protection Act, would require that a fee
 of $50  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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the Michael
Jackson Child Performers Workplace Protection Act.
  SEC. 2.  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  of fifty
dollars ($50)  . 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:

   (a) 
    (1)  Issuing Entertainment Work Permits. 
   (b) 
    (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. 
   (c) 
    (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).