Latest Legislation . . . and its past history: Assembly Bill 1576 of 2014, amending Labor Code §6319.3 and 6401.7 “California Condoms in Porn” Bill

legislative newsLatest Legislation . . . and its past history:

Assembly Bill 1576 of 2014, amending Labor Code §6319.3 and 6401.7

“California Condoms in Porn” Bill

Assembly Bill 1576 authored by Assembly member Isadore Hall and known as “California’s condoms in porn” bill is making its way through the Legislature this session.  This bill requires, among other items, that an adult film employer ensures “personal protective equipment” be used during the production of an adult film.  Assembly Bill 1576 has been amended four times as of May 14, 2014 and currently proposes to amend Labor Code sections 6319.3 and 6401.7.

The AIDS Healthcare Foundation (AHF) sponsored Assembly Bill 1576 to make the adult film industry a safer workplace.   In 2009, AHF petitioned the OSHA Standards Board seeking an amendment to the blood borne pathogen standard specific to the adult film industry.  In 2013, the OSHA Standards Board released revised language, but specified this was a draft and not a rulemaking proposal. 

Earlier, in 2012, AHF successfully spearheaded Ballot Measure B, the “County of Los Angeles Safer Sex in the Adult Film Industry Act.”   Assembly Bill 1576 would expand the Los Angeles County measure to protect adult film actors statewide.  http://www.aidshealth.org/archives/18040

In 2013, AHF sponsored a predecessor bill, Assembly Bill 332 (Hall), which sought to clarify the authority of the Division of Occupational Safety and Health to regulate the adult film industry workers with the addition of new Labor Code section 6720.  Assembly Bill 332 was opposed on the grounds that it unnecessarily imposed regulations on the adult entertainment industry.  Assembly Bill 332 failed in May 2013 in the Assembly Appropriations Committee.

An interesting twist followed the failure of Assembly Bill 332. On June 20, 2013 Assembly Bill 640 of 2013, also authored by Hall, was gutted and “stuffed” with language from failed Assembly Bill 332 to amend Labor Code 6720. Assembly Bill 640 failed in the Senate. http://blogs.sacbee.com/capitolalertlatest/2013/09/robo-calls-allege-lawmaker-blocking-condoms-in-porn-bill.html

Assembly Bill 1576 is opposed by some adult film industry members who contend it is a poorly written bill which invades performers’ privacy, puts performers at risk, and threatens the adult film industry in California.  http://www.youtube.com/watch?v=nekCsw9q8m4

L. Karen Harrison, Attorney at Law

Legislative Intent Service, Inc. provides a complete package of each legislative bill’s direct history and its past history.  An order for this bill would include all the legislative information available (including author’s files and committee files) on Assembly Bill 1576, Assembly Bill 640, Assembly Bill 332, as well as the related Los Angeles’ County Ballot Measure and the OSHA Standards Board revised language.   Legislative history materials are provided in pdf format. Contact us at www.legintent.com  and we will prepare a free quote for you.

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