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AB-267 Employment of infants: entertainment industry.(2019-2020)

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Date Published: 08/15/2019 09:00 PM
AB267:v97#DOCUMENT

Amended  IN  Senate  August 15, 2019
Amended  IN  Senate  June 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 267


Introduced by Assembly Member Chu

January 24, 2019


An act to amend Sections 1286 and 1308.8 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 267, as amended, Chu. Employment of infants: entertainment industry.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law requires specified certification from a physician and surgeon in order for an infant under the age of one month to be employed on any motion picture set or location. Existing law makes it a crime to violate the provisions regarding infant employment.
This bill would expand the certification requirements for infants to cover any employment in the entertainment industry. The bill would define the term “entertainment industry” for purposes of the bill and existing law. Because this bill would expand the scope of a crime, it would impose a state-mandated local program.
This bill would incorporate additional changes to Section 1308.8 of the Labor Code proposed by AB 1622 to be operative only if this bill and AB 1622 are enacted and this bill is enacted last.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1286 of the Labor Code is amended to read:

1286.
 As used in this chapter:
(a) “Director” means the Director of Industrial Relations or the director’s designee.
(b) “Department” means the Department of Industrial Relations.
(c) “Minor” means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of the Education Code and any person under the age of six years. A person under the age of 18 years who is not required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of the Education Code solely because that person is a nonresident of California shall still be considered a minor.
(d) “Labor Commissioner” means the Chief of the Division of Labor Standards Enforcement, or the chief’s deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter.
(e) “Door-to-door sales” has the same meaning as “home solicitation contract or offer,” as defined in subdivision (a) of Section 1689.5 of the Civil Code, except that “door-to-door sales” is not subject to the minimum monetary limitation set forth in that subdivision.
(f) “Entertainment industry” means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette; photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; advertising; and any other performances where a minor performs to entertain the public.

SEC. 2.

 Section 1308.8 of the Labor Code is amended to read:

1308.8.
 (a) No infant under the age of one month may be employed in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of working in the entertainment industry industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.

SEC. 2.5.

 Section 1308.8 of the Labor Code is amended to read:

1308.8.
 (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified board certified in either pediatrics or family medicine provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.

SEC. 3.

 Section 2.5 of this bill incorporates amendments to Section 1308.8 of the Labor Code proposed by both this bill and Assembly Bill 1622. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 1308.8 of the Labor Code, and (3) this bill is enacted after Assembly Bill 1622, in which case Section 2 of this bill shall not become operative.

SEC. 3.SEC. 4.

 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.