SACRAMENTO, Calif.—In a new set of amendments to a proposed bill in the California State Assembly, adult performers would not be required to obtain a business license or be Live Scan fingerprinted before doing sex scenes, but would still have to get a regularly renewed certificate of training completion in order to work.
The amended version of the bill, labeled Assembly Bill 2389, was made public Thursday on the California Legislature website.
The original version of AB 2389—introduced Feb. 19 by Rep. Cristina Garcia and Rep. Lorena Gonzalez—called for every adult performer, including cam and clip models, to undergo a criminal background check in addition to the above requirements.
AB 2389 also mandates the Department of Industrial Relations to develop safety protocols and training in conjunction with performers, doctors and therapists—something the Free Speech Coalition and various performers are already working toward with Cal/OSHA.
Another amendment indicates that performers would no longer have to keep a copy of their certificate of training completion and be able to present it to the local business license authority or the Division of Labor Standards Enforcement upon demand.
In addition, the California Legislature said the Department of Industrial Relations must convene an advisory group of only 9 members—originally it was to be 10—with the following reps appointed by the governor to assist with recommendations for creating and disseminating the training curriculum: two members with adult film experience, three members with dancing experience, two medical doctors, one licensed therapist and one licensed money manager.
In unchanged portions of the bill, there is a curious discrepancy, in that the introductory section indicates adult entertainers would be required to "complete a specified biennial training program," while section 1713 (c) states, “Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.” In other words, as currently written, the bill contradicts itself as to whether the prescribed training program would be required every two years or every three.
Meanwhile, the training curriculum would be required to include information about the risk of STIs and how to avoid them, according to another amendment.
The Legislature also amended its language to declare that “human trafficking”—not the exploitation of minors—in adult entertainment is part of the impetus for the bill.
To see the amendments on the Legislative Counsel’s Digest, click here.
AB 2389 states all adult performers must be categorized as employees under California AB5—a bill previously introduced by Gonzalez that is now law.
If passed, the AB 2389 would require adult performers to complete the training program on or after July 1, 2022.
It would require the Department of Industrial Relations to create the training program and to convene an advisory group by January 1, 2022.
Free Speech Coalition last week issued a statement opposing AB 2389, calling it "patronizing and ignorant of the fights already waged by adult workers on issues like harassment, workplace safety, and privacy protection."
