Adult Films, Condoms, Health Requirements.
"California Safer Sex in the Adult Film Industry Act"
*Failed*
Official Summary
Requires adult film performers to use condoms during filming of sexual intercourse. Requires producers to pay for performer vaccinations, testing, and medical examinations. Requires producers to post condom requirement at film sites.
Fiscal Impact: Likely reduction of state and local tax revenues of several million dollars annually. Increased state spending that could exceed $1 million annually on regulation, partially offset by new fees.
- Official CA Voter Guide Summary
- Legislative Analyst Office Analysis
- Show Me The Money (as of Oct 22)
- support: $4,600,000
- oppose: $450,000
- Ballotpedia Summary
Notes
- requires adult film producers to obtain state health license (fee of $100, 2 year period) and provide training
- if no license, penalty of $25/day first time, $50/day repeat violation
- imposes liability on producers for violations, on certain distributors, on performers if they have a financial interest in the film involved, and on talent agents who knowingly refer performers to noncomplying producers
- financial penalties: up to $50,000 plus attorney fees to performer with no financial interest if producers did not comply
- permits state, performers, or any state resident to enforce violations, and if Cal/OSHA does not respond in specific timeframe, that person could bring a civil action against film producer
- if they win the suit, they receive compensation for legal fees and 25% of the penalties, with state receiving 75%
- $1000-$7000 if didn't post all the required info first time, $7000-$15,000 for repeat violation
- $70,000 by producer if they knowingly make a false statement
- and more...
- Cal/OSHA time from reported violation to completed investigation expanded from 6 months to a year
- within 10 days of beginning of filming, the following must be posted: address(es) of filming, dates of filming, producer contact info, custodian of records contact info, talent agent contact info, certification that condoms are being used, STI tests have been offered
- Cal/OSHA already requires employers to provide,and ensure that their employees use protective equipment to prevent contact with certain bodily fluids in the workplace, specifically use condoms during sex on adult film sets
- in 2014-2015, 4 production companies were cited for violation of condom regulation