Bill Text: CA AB344 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Employment of minors: permit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB344 Detail]

Download: California-2013-AB344-Introduced.html

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BILL NUMBER: AB 344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ian Calderon

                        FEBRUARY 13, 2013

   An act to amend Section 1308.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 344, as introduced, Ian Calderon. Employment of minors: permit.

   Existing law regulates the employment of minors in the
entertainment industry and requires the written consent of the Labor
Commissioner in the form of a permit for a minor under the age of 16
to take part in specified types of employment.
   This bill would require the Labor Commissioner to impose a
reasonable fee sufficient to offset the costs of carrying out these
provisions, but not to exceed $50.
   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.  Section 1308.5 of the Labor Code is amended to read:
   1308.5.  (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner in the form of a
permit to employ a minor in the entertainment industry is required
for any minor, not otherwise exempted by this chapter, for any of the
following:
   (1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
   (2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
   (3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
vacation.
   (4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10 p.m., in the
presentation of a performance, play, or drama continuing from an
earlier hour until after 10 p.m., to continue his or her part in such
presentation between the hours of 10 p.m. and midnight.
   (5) The appearance of any minor in any entertainment which is
noncommercial in nature.
   (6) The employment of any minor artist in the making of phonograph
recordings.
   (7) The employment of any minor as an advertising or photographic
model.
   (8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
   (b) Any person, or the agent, manager, superintendent, or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
produced. 
   (c) The Labor Commissioner shall impose a fee for the issuance of
a permit in an amount sufficient to offset the costs of implementing
this section, but not to exceed fifty dollars ($50). The Labor
Commissioner shall deposit fees collected under this section into the
Entertainment Work Permit Fund. The funds shall be available to the
Labor Commissioner, upon appropriation by the Legislature, to pay for
the costs associated with carrying out this section.