BILL NUMBER: AB 2084 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member Ma
FEBRUARY 19, 2008
An act to add Part 8.8 (commencing with Section 2250) to
Division 2 of the Labor Code, relating to prevailing wages.
An act relating to theatrical and technical
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2084, as amended, Ma. Theatrical and technical
services: state prevailing wages. services: state
property.
The California State Library performs various functions, including
research services through its California Research Bureau.
This bill would require the bureau to prepare and submit a report
to the Legislature on for-profit shows and theatrical events on state
property, with recommendations for increasing the number of shows
and events and for establishing standards to ensure their
professional production and the proper compensation of workers, and
would require state agencies to provide any information that the
bureau requests.
The bill would require the bureau to provide an estimated schedule
for completion of the report to the appropriate labor policy
committees of the Assembly and of the Senate by December 1, 2009.
This bill also would state the intent of the Legislature to enact
legislation that would establish basic standards for workers
providing theatrical and technical services on state property to
ensure that these events and shows are produced in a professional
manner that continues California's reputation as the center of the
creative economy and that workers are properly compensated.
Existing law requires contractors and subcontractors performing
work on public works, as defined, that cost more than $1,000 to pay
workers performing work on the project not less than the general
prevailing rate of per diem wages, as specified, and not less than
the general prevailing rate of per diem wages for holiday and
overtime work, as provided.
This bill would provide that theatrical and technical services, as
defined, performed by workers in connection with the presentation of
a show, as defined, on property owned by the state, that costs more
than $1,000, will be compensated at not less than the general
prevailing rate of per diem wages, and not less than the general
prevailing rate of per diem wages for holiday and overtime work.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact legislation that establishes basic standards for workers
engaged in theatrical and technical services on state property. These
standards shall ensure that for-profit theatrical events and shows
on California state property are produced in a professional manner
that continues California's reputation as the center of the creative
economy and that workers are properly compensated.
SEC. 2. The California Research Bureau of the
California State Library shall prepare, and submit to the
Legislature, a report on existing for-profit shows and theatrical
events on state property, with recommendations for increasing the
number of shows and for establishing standards to ensure that
for-profit theatrical events and shows on California state property
are produced in a professional manner that continues California's
reputation as the center of the creative economy and that workers are
properly compensated. By December 1, 2009, the bureau shall provide
the appropriate labor policy committees of the Assembly and of the
Senate with an estimated schedule for completion of this report. The
Department of General Services, Department of Industrial Relations,
and other state agencies shall cooperate with the bureau by providing
information the bureau requests for this report.
SECTION 1. Part 8.8 (commencing with Section
2250) is added to Division 2 of the Labor Code, to read:
PART 8.8. Theatrical and Technical Services
2250. (a) Workers performing services related to the presentation
of a show on property owned by the state performed under contract
between the state and a person for the use of that property shall be
paid not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the show is
performed, and not less than the general prevailing rate of per diem
wages for holiday and overtime work.
(b) This part shall not apply to services related to the
presentation of a show where the expenditure for those services is
one thousand dollars ($1,000) or less.
2251. (a) The provisions of Article 2 (commencing with Section
1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, other
than the provisions of Sections 1771 and 1771.5, shall apply to the
services described in Section 2250, but each reference to a public
work or a public work project shall be deemed a reference to the
presentation of a show on property owned by the state performed under
contract between the state and a person for the use of that
property.
(b) For purposes of this part, all of the following definitions
apply.
(1) "Contract" includes a contract, lease, franchise, permit, or
agreement awarded, let, issued, or granted by the state for the use
of property owned by the state.
(2) "Locality in which the show is performed" means the county in
which the show is performed.
(3) "Person" means an individual, a proprietorship, a partnership,
a joint venture, a corporation, a limited liability company, a
trust, an association, or any other entity that may employ
individuals or enter into contracts, or any combination thereof.
(4) "Services related to the presentation of a show" means
theatrical or technical services, including, but not limited to,
rigging, sound, projection, theatrical lighting, videos, computers,
draping, carpentry, special effects, and motion picture services.
(5) "Show" means any live act, play, review, pantomime, scene,
music, song, dance act, song and dance act, or poetry recitation
provided in front of a live audience or recorded for the purpose of
later presentation, but shall not include an event where a person
solely plays prerecorded music or prerecorded performances so long as
no other live performance is provided.