Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-831 Entertainment productions: firearms: safety.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 01/03/2022 09:00 PM
SB831:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 831


Introduced by Senator Cortese
(Principal coauthor: Assembly Member Kalra)

January 03, 2022


An act to add Part 13 (commencing with Section 9150) to Division 5 of the Labor Code, relating to occupational safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 831, as introduced, Cortese. Entertainment productions: firearms: safety.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Other existing law relating to occupational safety imposes special provisions on certain industries and charges the division with enforcement of these provisions.
This bill would prohibit a live gun, functioning gun-like weapon, and blank ammunition containing gunpowder or other explosive charge on entertainment productions for certain purposes, including rehearsal, filming of an on-camera sequence, or other development of content, except under specified conditions. The bill would require a qualified armorist, prop or property master, or designee handling a firearm to have completed certain training in firearms and have a specified permit for the use of the firearm.
This bill would prohibit live ammunition, as defined, from being permitted on film, television, and commercial sets, except in limited circumstances, including while filming a reality television project that uses firearms and live ammunition and follows certain safety rules and laws. The bill would require an employer to ensure that any employee in proximity to the use of firearms on set completes a specific firearm training or equivalent training, as prescribed. The bill would establish exemptions from its provisions for specified registered security guards and peace officers.
This bill would require the division to enforce its provisions and, before July 1, 2023, to propose to the standards board, for its review and adoption on or before January 1, 2024, a standard that protects the health and safety of entertainment production employees with regard to the storage, handling, and use of firearms, gun-like projectile weapons, and ammunition on set. The bill would require the division, in the development of the proposed safety standard, to consider and incorporate, to the extent feasible and consistent with the bill, the provisions of specified joint industry-labor safety bulletins. The bill would establish unspecified civil penalties for specified violations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 13 (commencing with Section 9150) is added to Division 5 of the Labor Code, to read:

PART 13. SAFETY IN ENTERTAINMENT PRODUCTIONS

9150.
 (a) The Legislature finds and declares the following:
(1) The primary protections for the cast and crew of an entertainment production when firearms are used are voluntary safety standards developed by the Industry-Wide Labor-Management Safety Committee for use by the motion picture and television industry.
(2) The safety standards are detailed recommendations for safety with prop firearms and the use of blanks and live ammunition.
(3) Tragic accidents like the one that occurred on the set of “Rust” are preventable, but only when the safety measures are followed. The growing popularity of a diverse array of media platforms and reality television has only increased the need to ensure safety on sets.
(b) It is the intent of the Legislature, in enacting this part, to regulate live ammunition, blanks, firearms that are capable of firing live or blank ammunition, and certain other gun-like weapons capable of shooting projectiles on entertainment production sets.
(c) It is not the intent of the Legislature in enacting this part to do either of the following:
(1) Adversely impact the employment or retention of craft employees responsible for handling weapons used in entertainment productions.
(2) Preclude the use of replica, simulated, or inert prop firearms or to influence content in entertainment productions.

9151.
 As used in this part:
(a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(b) “Blank” means an ammunition cartridge designed to be used in a firearm to, when fired, create an explosive sound, muzzle flash, or recoil, or to cycle the action of the firearm, but which does not contain a bullet or projectile that is expelled from the barrel when fired, although a paper or plastic wad or plug may be expelled.
(c) “Division” means the Division of Occupational Safety and Health.
(d) “Employer” means an employer engaged in producing an entertainment production.
(e) “Entertainment production” means a motion picture, television, video, theatrical, or other entertainment production or event.
(f) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. “Firearm” does not include a replica or simulated firearm or firearm without a functioning firing pin.
(g) “Functioning gun-like weapon” means a device, designed to be used as a weapon, that is capable of expelling projectiles through a barrel by means other than the force of an explosion or other form of combustion. This includes, but is not limited to, air guns and carbon dioxide-operated guns.
(h) “Live ammunition” means a metallic cartridge containing a case, primer, propellant or powder, and projectile, such as a pistol or rifle. “Live ammunition,” in the case of a shotgun, means a shotgun hull containing primer, propellant or powder, wad, and projectile.
(i) “Live gun” means a firearm with a functioning firing pin.
(j) “Standards board” means the Occupational Safety and Health Standards Board.

9152.
 (a) A live gun, functioning gun-like weapon, and blank ammunition containing gunpowder or other explosive charge shall only be permitted on entertainment productions, for the purposes of rehearsal, the filming of an on-camera sequence, or other development of content of the entertainment production with individuals of the cast or crew, under the following conditions:
(1) Under the custody and control of a qualified armorist, prop or property master, or designee, as specified.
(2) The employer has ensured sufficient staffing of qualified armorists, prop or property masters, or designees, as specified, reflective of the amount of gun use in any particular scene.
(3) The employer has hired a qualified safety supervisor or officer, independent of the cast and crew, to be on set to ensure cast and crew are not engaged in or exposed to an environment or activity that puts workers’ health and safety at risk.
(b) A qualified armorist, prop or property master, or designee handling a firearm in the course of the entertainment production shall have all of the following:
(1) A current Entertainment Firearms Permit (EFP) issued by the Department of Justice.
(2) A joint entertainment industry labor-management firearm safety training course certificate.
(3) A signed rental sheet or completed Bureau of Alcohol, Tobacco, Firearms and Explosives “ATF Form 4473,” stating the lawful transfer of Title 1 Firearms to that armorer or property master, or a copy of a current Federal Firearms License (FFL) establishing the armorer or property master as the lawful transferee of the firearms who may obtain and retain custody of all firearms used in film, television, and commercial productions.
(4) In the event of the use of restricted firearms classified under the Bureau of Alcohol, Tobacco, Firearms and Explosives National Firearms Act Division (ATF NFA) rules, and including “assault weapons,” as defined by California law, a set of current Dangerous Weapons Permits issued by the Department of Justice, or in the absence of such permits, a clearly dated extension letter for 120 days from the Department of Justice Bureau of Firearms permitting the armorer or property master to continue their activities with restricted firearms, and a signed rental sheet from the federally licensed armory providing the firearms, or a current FFL and current ATF Special Occupational Tax Stamp establishing lawful possession of restricted firearms by that armorer or property master must be presented for the armorer or property master to obtain and retain custody of NFA firearms. In such a case, the Dangerous Weapons Permits issued by the Department of Justice shall supersede the Entertainment Firearms Permit.
(c) A safety supervisor is defined as an individual independent of the cast and crew and shall meet the following training requirements:
(1) ____.
(2) ____.

9153.
 (a) Live ammunition shall never be permitted on film, television, and commercial sets, except as follows:
(1) In the controlled environment of a shooting range or equivalent and for the purposes of live actor training, or postproduction live fire sound recording.
(2) While filming a reality television project that includes firearms and live ammunition.
(b)  In the exceptions set forth in subdivision (a), all range safety rules, federal, state, and local laws, and Industry-Wide Safety Bulletin #2 shall be followed under the supervision of the armorer or property master. A medic also shall be present.

9154.
 Every employer shall ensure that any employee in proximity to the use of firearms on set completes the Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training. This training requirement shall be paid by the employer and is not limited to crew or guild members.

9155.
 An employer shall comply with this part and all applicable safety standards adopted by the standards board, including, but not limited to, standards adopted pursuant to this part.

9156.
 This part does not apply to the following:
(a) A registered security guard carrying a firearm in compliance with security guard firearms qualifications established in Sections 7583.2 to 7583.5, inclusive, of the Business and Professions Code, who is employed to provide security to the entertainment production and who, in the scope and the course of that employment, is at all times in possession and control of the firearm.
(b) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties and who, in the scope and the course of their duties, is at all times in possession and control of the firearm.

9157.
 (a) Any employer who violates Section 9152, 9153, or 9154 or any occupational safety or health standard adopted pursuant to this part, and the violation is specifically determined not to be of a serious nature, shall be assessed a civil penalty of up to ____ dollars ($____) for each violation.
(b) Any employer who violates Section 9152 or any occupational safety or health standard adopted pursuant to this part, if the division determines the violation to be a serious violation pursuant to Section 6432, shall be assessed a civil penalty of up to ____ dollars ($____) for each violation.
(c) Any employer who willfully or repeatedly violates Section 9152 or any occupational safety or health standard adopted pursuant to this part shall be assessed a civil penalty of up to ____ dollars ($____) for each violation.
(d) Any employer who fails to correct a violation of Section 9152 or any occupational safety or health standard adopted pursuant to this part, within the period permitted for its correction, shall be assessed a civil penalty of up to ____ dollars ($____) for each violation for each day during which the failure or violation continues.

9158.
 (a) The division shall enforce this part.
(b) On or before July 1, 2023, the division shall propose to the standards board, for its review and adoption on or before January 1, 2024, a standard consistent with this part that protects the health and safety of entertainment production employees with regard to the storage, handling, and use of firearms, gun-like projectile weapons, and ammunition on set. In the development of the proposed safety standard, the division shall consider and incorporate, to the extent feasible and consistent with this part, the provisions of Industry-Wide Labor-Management Safety Committee Safety Bulletin #1, entitled “Recommendations for Safety with Firearms and Use of ‘Blank Ammunition’,” and Safety Bulletin #2, entitled “Special Use of ‘Live Ammunition’,” as those bulletins read as of January 1, 2023. The division may also consider other safety standards established by Industry-Wide Labor-Management Safety Committee bulletins, as the division determines to be relevant, including, but not limited to, Safety Bulletin #5 entitled “Safety Awareness,” as those bulletins read as of January 1, 2023.

9159.
 This part or any related health and safety standard shall not prevent or limit employer adoption of stricter safety standards.