Bill Text: CA AB1393 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fresno County jails: overcrowding: transfer to

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-26 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1393 Detail]

Download: California-2011-AB1393-Amended.html

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BILL NUMBER: AB 1393	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY    Committee on Arts, Entertainment, Sports,
Tourism, and Internet Media  (  
Campos (Chair), Carter, Gatto, Mendoza, and Monning 
 )   Assembly Member   Perea 

                        FEBRUARY 28, 2011

   An act to add Section  1308.10 to the Labor  
19846.5 to the Government  Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1393, as amended,  Committee on Arts, Entertainment,
Sports, Tourism, and Internet Media   Perea  .
Employment  : on-location filming permits  .

   Existing law requires that the written consent of the Labor
Commissioner is required for the employment of minors in specified
aspects of the entertainment industry.  
   This bill would allow a local agency or public entity that issues
a permit for on-location filming, if a child or children will be
employed at a particular film production location, to make this
information available to the Department of Industrial Relations and
the Division of Labor Standards Enforcement within the department.
The department and the division would be prohibited from using the
information provided for any purpose other than enforcing specified
labor laws and from further disseminating the information provided.
 
   Existing law provides that if an employer discharges an employee,
the wages earned and unpaid at the time of discharge are due and
payable immediately, as specified. Existing law also provides that,
unless otherwise provided for by a collective bargaining agreement,
if an employment contract or policy provides for paid vacations, and
an employee is terminated, the employer must pay the employee for the
employee's unused vested vacation time, as specified.  
   This bill would provide that, notwithstanding any other law, if
the Franchise Tax Board determines there is a lack of work for a
seasonal clerk employed by the board, the board may (1) pay the clerk
a lump-sum payment for accumulated vacation or annual leave credit,
(2) by mutual agreement between the board and the clerk, schedule the
clerk for vacation or annual leave, (3) allow the clerk to retain
his or her vacation or annual leave credit, or (4) effect any
combination of the above. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 19846.5 is added to the 
 Government Code  , to read:  
   19846.5.  Notwithstanding any other provision of law, including
Section 201 of the Labor Code, if the Franchise Tax Board determines
that there is a lack of work for a seasonal clerk employed by the
board, the board may, without permanent separation of the clerk, do
any of the following:
   (a) Pay the clerk in a lump-sum payment for accumulated vacation
or annual leave credit.
   (b) By mutual agreement between the board and the clerk, schedule
the clerk for vacation or annual leave.
   (c) Allow the clerk to retain his or her vacation or annual leave
credit.
   (d) Effect a combination of any or all of the actions described in
subdivisions (a) to (c), inclusive.  
  SECTION 1.    Section 1308.10 is added to the
Labor Code, to read:
   1308.10.  (a) A local agency or public entity that issues a permit
for on-location motion picture, television, or commercial production
may inform the department and the division, upon request, whether a
child or children will be employed at a particular film production
location.
   (b) The information released pursuant to subdivision (a) shall be
used only for purposes of enforcing provisions of this part relating
to the employment of minors and may not be used for any other
purpose, nor may the information be further released by the
department or division.
   (c) Nothing in this section is intended to create a duty for a
local agency or public entity that issues a permit for on-location
motion picture, television, or commercial production to seek, obtain,
or maintain information regarding whether a child or children will
be employed at a particular production location.