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Bill Text
Bill Information
Bill Start
Amended
IN
Assembly
March 30, 2016 |
Assembly Bill | No. 2539 |
Introduced by Assembly Member Levine |
February 19, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6 (commencing with Section 1707) is added to Part 6 of Division 2 of the Labor Code, to read:CHAPTER 6. Modeling Agencies
1707.
The Legislature finds and declares all of the following:1707.1.
For purposes of this chapter, the following definitions shall apply:(f)“Person” means any individual, company, society, firm, partnership, association, corporation, limited liability company,
manager, or their agents or employees.
1707.2.
(b)(1)A modeling agency shall not hire a model without first obtaining the health certification described in Section 1707.4.
(2)Any modeling agency that does not obtain the certification described in subdivision (a) of Section 1707.4 is guilty of a misdemeanor and subject to a fine not to exceed five thousand dollars ($5,000).
1707.3.
(b) A filing fee of twenty-five dollars ($25) shall be paid to the Labor Commissioner at the time the application for issuance of a modeling agency license is filed.
(c)In addition to the filing fee required for application for issuance of a modeling agency license, every modeling agency shall pay to the Labor Commissioner annually at the time a license is issued or renewed the following:
(1)A license fee of two hundred and twenty-five dollars ($225).
(2)Fifty dollars ($50) for each branch office maintained by the modeling agency in this state.
(a)A model shall obtain written certification from a licensed physician that he or she is in healthy physical condition and submit this certification to a modeling agency before being hired by a modeling agency. A model shall make his or her medical records available to the physician, and the physician shall review the model’s medical records as part of the certification of the model’s physical condition.(b)Every modeling agency shall keep records, in a form approved by the Labor Commissioner, that include all of the following: (1)A
copy of the certification described in subdivision (a) for each model it employs.(2)The dates of employment and the amount of compensation paid for each model.(c)(1)Every modeling agency shall post in a conspicuous place in its office a health advisory relating to eating disorders that includes a phone number to the Occupational Safety and Health Standards Board, a phone number to an entity where a model can report sexual harassment or assault, and any other information that may specified by the Labor Commissioner.(2)Any modeling agency that violates the requirements of paragraph (1) shall be subject to a fine not to exceed five hundred dollars ($500) per day that those requirements are
violated.1707.4.
This chapter shall not apply to persons covered by Wage Order 11, regulating the Broadcasting Industry, or Wage Order 12, regulating the Motion Picture Industry, of the Industrial Welfare Commission.
1707.5.
(a) The Occupational Safety and Health Standards Board(1)Include detailed requirements of the certification and record retention requirements described in Section 1707.4.
(2)Require no less than three medical check-ups per year by models.
(3)Require a model to obtain a nutrition consultation with a qualified health professional.
(4)Address any medical testing that should be done by a model to determine his or her fitness to perform his or her job duties and provide a model with information about the privacy of these test results.
(a)All books, records, and other papers kept pursuant to this chapter by a modeling agency shall be open at all reasonable hours to the inspection of the Labor Commissioner and his agents. Every modeling agency shall furnish to the Labor Commissioner upon request a true copy of these books, records, and papers or any portion thereof.
(b)Every modeling agency that violates subdivision (a) shall be subject to a fine of five hundred dollars ($500).
All moneys collected for licenses and all fines collected for violations of this chapter shall be paid into the State Treasury and credited to the General Fund.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.