BILL NUMBER: AB 344	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2013

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 amended, 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  of age  . 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  of age  in any performance, concert, or
entertainment during the public school vacation.
   (4) Allowing any minor between  the ages of 8 
 eight  and 18 years  of age, inclusive  , 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   that  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   audio  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   who employs a minor 
either directly or indirectly through third persons, or any parent or
guardian of a minor who  employs,   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  required by this section  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.