California 2009-2010 Regular Session Status: To Executive

AB 402 — Employment: entertainment work permits.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the written consent of the Labor Commissioner for the employment of a minor, as specified, in entertainment productions or as an advertising or photographic model or as a participant or player in a sport. Under existing law, a minor is required to obtain an entertainment work permit from the Labor Commissioner in order to be employed in those capacities. This bill would require that a fee be submitted at the time the minor applies for the work permit. The bill would specify that the fee be deposited into the Entertainment Work Permit Fund, which would be created by the bill, and would make this fee revenue available to the Labor Commissioner, upon appropriation, for the costs of issuing the permit, enforcing the provisions regulating a minor's employment in fields requiring issuance of an entertainment work permit, and administering the entertainment work permit program. The bill would provide that the fee to be submitted to the Labor Commissioner pursuant to these provisions would be $50 until January 1, 2012, and, on and after January 1, 2012, the fee would be set by the Labor Commissioner in an amount, not to exceed $50, sufficient to pay for the costs set forth above.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 27. Page 3195.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 24. Noes 13. Page 2168.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Amend, and do pass as amended. (Ayes 9. Noes 3.) (August 17).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. Read second time, amended, and re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 8).

  16. Referred to Com. on L. & I.R.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 50. Noes 28. Page 2059.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 1.) (April 22).

  24. From committee: Do pass, and re-refer to Com. on L. & E. Re-referred. (Ayes 6. Noes 2.) (March 31).

  25. Referred to Coms. on A.,E.,S.,T. & I.M. and L. & E.

  26. From printer. May be heard in committee March 26.

  27. Read first time. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Davis

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 402 DAVIS Concurrence in Senate Amendments

Passed 56 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 523003
Republican 1200
Democratic 3000
Total 563203
% of votes cast 62%35%0%3%
How each member voted (91)
Member Party Vote
Hagman — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Duvall — Not Voting
Garrick — Nay
Gilmore — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Not Voting
Nestande — Nay
Smyth — Nay
Tran — Nay
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Nay
Furutani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
Lieu — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Ma — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Not Voting
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB402 Davis By DeSaulnier

Passed 25 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231203
Democratic 2000
Republican 0100
Total 251303
% of votes cast 61%32%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Florez — Yea
Harman — Not Voting
Hollingsworth — Nay
Huff — Nay
Runner — Not Voting
Ducheny — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Leno — Yea
Maldonado — Yea
Wyland — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 9 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Total 9301
% of votes cast 69%23%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Not Voting
Corbett — Yea
Hancock — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Oropeza — Yea
Walters — Nay
Cox — Nay
Denham — Nay

Official roll call →

AB 402 DAVIS Assembly Third Reading

Passed 57 Yea · 33 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 533102
Democratic 3000
Republican 1200
Total 573302
% of votes cast 62%36%0%2%
How each member voted (92)
Member Party Vote
Hall — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Beall — Yea
Blumenfield — Yea
Hill — Yea
Huber — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Bill — Nay
Tom — Nay
Fuller — Nay
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Conway — Nay
Cook — Nay
Duvall — Nay
Nestande — Nay
Smyth — Nay
Tran — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Price — Yea
Skinner — Yea
Villines — Nay
Adams — Nay
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Not Voting
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Republican 0100
Democratic 1000
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Audra — Nay
Harkey — Nay
Miller — Nay
Duvall — Nay
Torlakson — Yea
Fuentes — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Krekorian — Yea
Price — Yea
Ammiano — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on Labor and Employment.

Passed 7 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7201
Republican 0100
Democratic 0001
Total 7302
% of votes cast 58%25%0%17%
How each member voted (12)
Member Party Vote
Krekorian — Yea
De — Yea
Leon — Yea
Gaines — Nay
Audra — Nay
Charles — Not Voting
Silva — Yea
Blumenfield — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 402 do?
Existing law requires the written consent of the Labor Commissioner for the employment of a minor, as specified, in entertainment productions or as an advertising or photographic model or as a participant or player in a sport. Under existing law, a minor is required to obtain an entertainment work permit from the Labor Commissioner in order to be employed in those capacities. This bill would require that a fee be submitted at the time the minor applies for the work permit. The bill would specify that the fee be deposited into the Entertainment Work Permit Fund, which would be created by the bill, and would make this fee revenue available to the Labor Commissioner, upon appropriation, for the costs of issuing the permit, enforcing the provisions regulating a minor's employment in fields requiring issuance of an entertainment work permit, and administering the entertainment work permit program. The bill would provide that the fee to be submitted to the Labor Commissioner pursuant to these provisions would be $50 until January 1, 2012, and, on and after January 1, 2012, the fee would be set by the Labor Commissioner in an amount, not to exceed $50, sufficient to pay for the costs set forth above.
Who sponsors AB 402?
AB 402 is sponsored by Davis.
What is the current status of AB 402?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 402?
Track AB 402 free on One Click Politics — get push/email alerts when it moves.

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