CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 267Introduced by Assembly Member ChuJanuary 24, 2019 An act to amend Section 1308.8 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 267, as introduced, Chu. Employment of infants: entertainment industry.Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law requires specified certification from a physician and surgeon in order for an infant under the age of one month to be employed on any motion picture set or location. Existing law makes it a crime to violate the provisions regarding infant employment.This bill would expand the certification requirements for infants to cover any employment in the entertainment industry. Because this bill would expand the scope of a crime, 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 no reimbursement is required by this act for a specified reason.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. Section 1308.8 of the Labor Code is amended to read:1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 267Introduced by Assembly Member ChuJanuary 24, 2019 An act to amend Section 1308.8 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 267, as introduced, Chu. Employment of infants: entertainment industry.Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law requires specified certification from a physician and surgeon in order for an infant under the age of one month to be employed on any motion picture set or location. Existing law makes it a crime to violate the provisions regarding infant employment.This bill would expand the certification requirements for infants to cover any employment in the entertainment industry. Because this bill would expand the scope of a crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 267
Introduced by Assembly Member ChuJanuary 24, 2019
Introduced by Assembly Member Chu
January 24, 2019
An act to amend Section 1308.8 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 267, as introduced, Chu. Employment of infants: entertainment industry.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law requires specified certification from a physician and surgeon in order for an infant under the age of one month to be employed on any motion picture set or location. Existing law makes it a crime to violate the provisions regarding infant employment.This bill would expand the certification requirements for infants to cover any employment in the entertainment industry. Because this bill would expand the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law requires specified certification from a physician and surgeon in order for an infant under the age of one month to be employed on any motion picture set or location. Existing law makes it a crime to violate the provisions regarding infant employment.
This bill would expand the certification requirements for infants to cover any employment in the entertainment industry. Because this bill would expand the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1308.8 of the Labor Code is amended to read:1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1308.8 of the Labor Code is amended to read:1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
SECTION 1. Section 1308.8 of the Labor Code is amended to read:
### SECTION 1.
1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
1308.8. (a) No infant under the age of one month may be employed on any motion picture set or location in the entertainment industry unless a licensed physician and surgeon who is board-certified in pediatrics provides written certification that the infant is at least 15 days old and, in his or her their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of filmmaking, working in the entertainment industry and the infants lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.