California 2019-2020 Regular Session

California Assembly Bill AB2389 Compare Versions

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1-Amended IN Assembly February 27, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2389Introduced by Assembly Members Cristina Garcia and GonzalezFebruary 18, 2020 An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2389, as amended, Cristina Garcia. Adult performers: employment rights.Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. received a certificate of training completion regarding their employment rights, as specified. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing enforcement authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)There are hundreds of thousands of adult entertainers currently working in the United States.(b)All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c)Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d)Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e)Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f)It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g)The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.SEC. 2. SECTION 1. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712.Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.SEC. 3.SEC. 2. The Legislature finds and declares that the prevention of exploitation of minors human trafficking in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
1+CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2389Introduced by Assembly Members Cristina Garcia and GonzalezFebruary 18, 2020 An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2389, as introduced, Cristina Garcia. Adult performers: employment rights.Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) There are hundreds of thousands of adult entertainers currently working in the United States.(b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e) Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f) It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.SEC. 2. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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3- Amended IN Assembly February 27, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2389Introduced by Assembly Members Cristina Garcia and GonzalezFebruary 18, 2020 An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2389, as amended, Cristina Garcia. Adult performers: employment rights.Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. received a certificate of training completion regarding their employment rights, as specified. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing enforcement authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2389Introduced by Assembly Members Cristina Garcia and GonzalezFebruary 18, 2020 An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2389, as introduced, Cristina Garcia. Adult performers: employment rights.Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Amended IN Assembly February 27, 2020
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7-Amended IN Assembly February 27, 2020
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2389
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1515 Introduced by Assembly Members Cristina Garcia and GonzalezFebruary 18, 2020
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1717 Introduced by Assembly Members Cristina Garcia and Gonzalez
1818 February 18, 2020
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2020 An act to add Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code, relating to employment.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2389, as amended, Cristina Garcia. Adult performers: employment rights.
26+AB 2389, as introduced, Cristina Garcia. Adult performers: employment rights.
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28-Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. received a certificate of training completion regarding their employment rights, as specified. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing enforcement authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
28+Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing authorities to enforce the training and recordkeeping requirements. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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3030 Existing law requires the Division of Labor Standards Enforcement to establish a biennial in-person sexual violence and harassment training for property service employees and employers, as specified. Existing law requires the division to convene an advisory committee, composed of specified representatives, to recommend requirements for the training program. Existing law provides for enforcement of these provisions by the division.
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3232 Under existing law, local jurisdictions have the authority to license and regulate businesses, including adult entertainment businesses.
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34-This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. received a certificate of training completion regarding their employment rights, as specified. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing enforcement authorities to enforce the training and recordkeeping requirements.
34+This bill would prohibit adult entertainers or performers from working at an adult entertainment business or working in an adult entertainment video unless they have a valid business license. The bill would, on and after July 1, 2022, require these entertainers and performers to complete a specified biennial training program regarding safety and working rights for adult entertainer workers. The bill would, by January 1, 2022, require the Department of Industrial Relations to create the training program and to convene an advisory group, composed of specified representatives of the adult performance industry, to provide recommendations for the creation and dissemination of the training. The bill would specify certain requirements for the training curriculum and would require the department to issue a certificate of training completion to the entertainer or performer upon completion of the training. The bill would authorize the division and local business license issuing authorities to enforce the training and recordkeeping requirements.
3535
3636 The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
3737
3838 Because this bill would create additional licensing and enforcement requirements for local authorities, it would impose a state-mandated local program.
3939
4040 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.
4141
4242 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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4646 ## Bill Text
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48-The people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)There are hundreds of thousands of adult entertainers currently working in the United States.(b)All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c)Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d)Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e)Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f)It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g)The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.SEC. 2. SECTION 1. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712.Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.SEC. 3.SEC. 2. The Legislature finds and declares that the prevention of exploitation of minors human trafficking in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
48+The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) There are hundreds of thousands of adult entertainers currently working in the United States.(b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e) Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f) It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.SEC. 2. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
4949
5050 The people of the State of California do enact as follows:
5151
5252 ## The people of the State of California do enact as follows:
5353
54+SECTION 1. The Legislature finds and declares all of the following:(a) There are hundreds of thousands of adult entertainers currently working in the United States.(b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e) Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f) It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.
5455
56+SECTION 1. The Legislature finds and declares all of the following:(a) There are hundreds of thousands of adult entertainers currently working in the United States.(b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.(c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.(d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.(e) Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.(f) It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.(g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.
5557
56-The Legislature finds and declares all of the following:
58+SECTION 1. The Legislature finds and declares all of the following:
5759
58-
60+### SECTION 1.
5961
6062 (a) There are hundreds of thousands of adult entertainers currently working in the United States.
6163
62-
63-
6464 (b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.
65-
66-
6765
6866 (c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.
6967
70-
71-
7268 (d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.
73-
74-
7569
7670 (e) Education on safety and working rights for adult entertainment workers is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred, and depression and suicide rates have risen.
7771
78-
79-
8072 (f) It is necessary to prevent the exploitation of minors in the adult entertainment industry, to ensure that those workers have not assumed a false name that would make regulation of the worker difficult or impossible and to ensure that those workers are not involved in criminal activity. It is also necessary in order to ensure that the worker is not a victim of human trafficking and may legally work in the United States.
81-
82-
8373
8474 (g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.
8575
76+SEC. 2. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
8677
78+SEC. 2. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read:
8779
88-SEC. 2. SECTION 1. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read: CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712.Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
80+### SEC. 2.
8981
90-SEC. 2. SECTION 1. Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read:
82+ CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
9183
92-### SEC. 2. SECTION 1.
93-
94- CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712.Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
95-
96- CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712.Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
84+ CHAPTER 6. Adult Performers Employment Rights1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713. 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
9785
9886 CHAPTER 6. Adult Performers Employment Rights
9987
10088 CHAPTER 6. Adult Performers Employment Rights
10189
10290 1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713.
10391
10492
10593
10694 1710. A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713.
10795
10896 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.
10997
11098
11199
112100 1711. An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.
113101
114-
115-
116-Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.
102+1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.
117103
118104
119105
120-1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(5) The risk of sexually transmitted infection and how to avoid it.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i)Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.
106+1712. Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.
107+
108+1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:(i) Two members with adult film experience.(ii) Three members with dancing experience.(iii) Two medical doctors.(iv) One licensed therapist.(v) One licensed money manager.(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.(b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.(c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.(e) The training curriculum shall include, but is not limited to, all of the following information:(1) The rights and responsibilities of adult entertainers and performers as employees.(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.(3) The risk of human trafficking and how to report suspected human trafficking.(4) Resources for assistance, including any applicable hotline telephone numbers.(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.
121109
122110
123111
124112 1713. (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.
125113
126-(2) (A) The department shall convene an advisory group, consisting of 10 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:
114+(2) (A) The department shall convene an advisory group, consisting of 10 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:
127115
128116 (i) Two members with adult film experience.
129117
130118 (ii) Three members with dancing experience.
131119
132120 (iii) Two medical doctors.
133121
134122 (iv) One licensed therapist.
135123
136124 (v) One licensed money manager.
137125
138126 (B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.
139127
140128 (b) The training shall be required for the issuance or renewal of the adult entertainers or performers license or permit.
141129
142130 (c) The initial training shall be a minimum of two hours and shall be required for all adult performers 21 years of age and older. Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.
143131
144132 (d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.
145133
146134 (e) The training curriculum shall include, but is not limited to, all of the following information:
147135
148136 (1) The rights and responsibilities of adult entertainers and performers as employees.
149137
150138 (2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.
151139
152140 (3) The risk of human trafficking and how to report suspected human trafficking.
153141
154142 (4) Resources for assistance, including any applicable hotline telephone numbers.
155143
156-(5) The risk of sexually transmitted infection and how to avoid it.
157-
158144 (f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.
159145
160146 (g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.
161147
162148 (h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.
163149
164150 (i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.
165151
166-
167-
168-1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
152+1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
169153
170154
171155
172-1714. The division and local business license issuing enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
156+1714. The division and local business license issuing authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
173157
174-SEC. 3.SEC. 2. The Legislature finds and declares that the prevention of exploitation of minors human trafficking in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
158+SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
175159
176-SEC. 3.SEC. 2. The Legislature finds and declares that the prevention of exploitation of minors human trafficking in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
160+SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
177161
178-SEC. 3.SEC. 2. The Legislature finds and declares that the prevention of exploitation of minors human trafficking in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
162+SEC. 3. The Legislature finds and declares that the prevention of exploitation of minors in the adult entertainment industry, as well as for the other reasons stated in Section 1 of this measure, are a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
179163
180-### SEC. 3.SEC. 2.
164+### SEC. 3.
181165
182-SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
166+SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
183167
184-SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
168+SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
185169
186-SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
170+SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
187171
188-### SEC. 4.SEC. 3.
172+### SEC. 4.