SACRAMENTO, Calif. – A new bill pending before the California legislature not only would require the use of condoms by all adult film performers, but also add a custodian of records, hepatitis B vaccinations and coverage of performers’ health testing to a studio’s production costs.

Assembly Member Isadore Hall III [D-Compton] introduced the new bill, AB 1576, Jan. 30. The proposed legislation represents Hall’s third attempt in less than one year to gain approval for statewide mandatory barrier protection. In 2013, Hall introduced AB 332 and AB 640, both of which died in committee.

Styled as “An act to add Section 6720 to the Labor Code, relating to Employment,” would amend the California Occupational Safety and Health Act of 1973.

The bill would mandate that any company, partnership, corporation or individual “engaged in the production of an adult film adopt prescribed practices and procedures to protect employees [and independent contractors] from exposure to, and infection by, sexually transmitted diseases, including engineering and work practice controls, an exposure control plan, hepatitis B vaccinations, medical monitoring, and information and training on health and safety…. The bill would impose a state-mandated local program by creating a new crime.”

The “creating a new crime” provision is important, because that mechanism allows the state to eschew any financial responsibility for enforcing the law, should it pass. Hall’s previous bills failed, in large part, because they would have required the state to budget funds for enforcement. AB 1576 skirts the funding issue by pushing costs off onto local governments.

Although the bill mentions a “new crime,” it does not define the crime, outline violations or attempt to establish potential penalties. The bill does go to great lengths to define “adult film” (essentially any film containing explicit sexual activity), “employer” (anyone who produces adult content for profit) and “employee” (anyone, whether on-staff or freelancing, who participates in the production of an adult film, on- or off-camera).

AB 1576 also defines “sexually transmitted disease” as “any infection commonly spread by sexual conduct, including, but not limited to, HIV/AIDS, gonorrhea, syphilis, chlamydia, hepatitis, genital human papillomavirus infection and genital herpes,” thereby potentially increasing the number of routine health screenings performers must undergo.

In addition, the bill mandates that employers formulate a written health-and-safety program for their shoots, maintain compliance logs for all shoots and provide state-approved training programs for all employees. Employers also must provide condoms and lube on-set.

Significantly, the bill shifts the financial responsibility for health testing from performers to producers: “An employer shall pay the costs of required medical monitoring, such as STD testing, and keep confidential employee records. An employer shall designate a custodian of records for purposes of this section. A copy of the original production shall be retained by the custodian of records.”

In addition, “An employer shall make available the hepatitis B vaccination and all medical follow-up … for any employee engaged in the production of adult films, at the employer’s expense.”

Adult industry trade association Free Speech Coalition is gearing up to challenge the bill before it reaches the Assembly floor.

“This measure will further drive production out of state and create severe hardships for ancillary businesses,” said FSC Chief Executive Officer Diane Duke. “Last year, we were able to defeat AB 332 and 640 by going to Sacramento to lobby. It made a big difference for legislators to see people show up to protest those bills. When we go there again, to fight AB 1576, we will really need the assistance of everyone in the industry. Our livelihood in California is at stake.”

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Image: Calif. Assembly Member Isadore Hall III (official state photo)[/SIZE]