Saturday, September 14, 2013

HIV Porn Scare Update #2: Proposed Condom Mandate Bill AB640 Follows AB332 Down File 86 For 2013 Cali Assembly Session

As Part 1 of this update showed, mid week was not a particurlarly good week for those wanting to impose condoms involuntarily on porn shoots. On Friday, it got far, far worse.

You will remember that last June or so, the California Assembly decided to table on suspension AB 332, Isadore Hall's original attempt to impose the condom mandate throughout the state of California by tying porn shoots to the emerging CalOSHA standards for barrier protections for "bloodborne pathenogens". The bill had originally passed through one Assembly subcommittee, but got stalled in the Appropriations Committee due to its financial impact.

Assemblyman Hall's response to that was to attempt some legislative trickeration by tying the conditions of AB332 to an totally unrelated bill that had passed the California State Senate, SB 640, which had originally dealt with regulation of cigarettes and tobacco products.

Mark Kernes over at AVN had posted last July 27th an essay chroniclizing all the dirty deeds done by Hall in his attempt to reserrect his condom mandate bill.

But what would any good horror story be these days without a nod to zombies? So less than a month after AB 332's demise, lo and behold, it was brought back to life (more or less) as AB 640!

 Actually, those first amendments of June 20 appear to be sort of placeholders for the full bill that was to come with the next set of amendments. Rather, the June 20 amendments, besides defining "adult film," mere stated that "(a) The Legislature finds and declares that the protection of workers in the adult film industry is the responsibility of multiple layers of government; and (b) Notwithstanding any other law, a city, county, or city and county may adopt and enforce a local ordinance that protects against the exposure of workers to blood or other potentially infectious materials during the filming or production of an adult film."
 Big whoop there: Measure B had already passed and was in the middle of a protracted lawsuit by June 20, so it was only with the July 3 amendments that AB 640 was made into essentially an AB 332 clone.

For example, passage of AB 640 was now deemed "urgent" and therefore "to take effect immediately." Also, according to the Legislative Counsel's Digest, which is prepared for every bill that comes before the legislature, it would require a two-thirds vote for passage, and for some reason would not need to be voted on in either the Appropriations nor Fiscal Committees, possibly because it was claimed not to involve a "state-mandated local program."

Even so, the July 3 amendments amounted to only a single paragraph at the end of the bill: "This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect workers in the adult film industry from an imminent threat to public health as soon as possible, it is necessary that this act take effect immediately."
You will remember that originally Hall's bill, if passed into law, would not take effect until January 2015, at the latest...but now he was attempting to mine popular antiporn opposition.......errrrrrrr, AHF propaganda efforts, to have the bill passed to take effect immediately. I guess those condom dollars he would be getting from AHF just couldn't wait.

Funny thing happened, though....as Kernes reports, on August 27th, Hall tweaked his new toy once again. It's just a coinkydynk that the Cameron Bay/Rod Daily brohaha happened to break out just after that date, isn't it?? And, note also the relationship with the Measure B ruling which also took place that week.

As of August 27, pretty much all the language that had previously been in AB 640 was gone, to be replaced by the exact language of AB 332 as of its last amendments on April 17, only this time, the Legislative Counsel's Digest states that it will only need a simple majority to pass, that it must be vetted by the Fiscal Committee (but not Appropriations), and that it will involve one or more "state-mandated local programs." Once again, it states that, "An employer shall maintain engineering and work practice controls sufficient to protect employees from exposure to blood and any potentially infectious materials, in accordance with Section 5193 of Title 8 of the California Code of Regulations," and once again, those controls could include, but are not limited to, simulated sex, condoms "and other protective barriers whenever acts of vaginal or anal intercourse are filmed," and bloodborne pathogen plans and training to implement them, all in accordance with Title 8 Section 5193 of the Health Code.

If the rumors are correct, and AHF is both vetting (if not outright composing) the language of AB 640 and providing inducements to Assemblymember Hall, who is in his third and final term in office, to introduce the revised bill, the August 27 amendments may represent AHF's fear that the Ninth Circuit Court of Appeals will, unlike Judge Pregerson, take the U.S. Supreme Court's opinion in Hollingsworth v. Perry seriously and drop AHF from the Vivid lawsuit—and therefore, AHF may see AB 640 as its last chance to force the adult industry to use condoms, dental dams, goggles, face shields and, yes, hazmat suits in its productions.
For a while earlier this week, it sure seemed as if AHF and Hall would get their moment in the sun, as panic induced by the three confirmed infections (and Weinstein's assertions, still unverified, of a fourth infected performer which was unfortunately artificially inflated by an inexcusible byline lede from XBiz.com) seemed to undermine support for the existing regime of testing. By Thursday, some self-identified "experts" were sooo certain that AB 640 would practically fly through the California Assembly in its final day like George Patton's Third Army through southern France during the Normandy campaign. (Screenshot courtesy of Michael Whiteacre via his @MrWhiteacre TL)




Alas..even the best laid plans of a Numerberg rally come crashing down to earth in pieces.

XBiz and TRPWL laid out the ultimate scoreboard yesterday.
SACRAMENTO — AB 640, the bill that would require adult film performers to use condoms in adult film productions shot anywhere in California, wasn’t heard or voted on Thursday evening in the Assembly, effectively ending the threat of a statewide porn-condom law for now.
The bill’s sponsor, Assemblyman Isadore Hall, earlier Thursday anticipated that the bill would be heard and voted on in the waning hours of the Assembly’s, as well as the Senate’s, terms despite the fact that it wasn’t on the roster of bills scheduled to be heard and voted on.
But in the end, AB 640 was stuck in the Assembly’s appropriations committee.
Much of the evening in the Assembly floor session was devoted to issues such as hiking the minimum wage and introducing drivers license options for illegal immigrants.
The Assembly’s session ended minutes after midnight and business was adjourned until 2014.
Normally, Friday would be a marathon day with lawmakers debating bills until midnight. But Yom Kippur, the holiest Jewish holiday, starts at sundown, so lawmakers were pushing hard to wrap up earlier.
- See more at: http://therealpornwikileaks.com/california-porn-condom-bill-ab-640-dead-session/#sthash.ZhHLrGyH.dpuf
SACRAMENTO — AB 640, the bill that would require adult film performers to use condoms in adult film productions shot anywhere in California, wasn’t heard or voted on Thursday evening in the Assembly, effectively ending the threat of a statewide porn-condom law for now.
The bill’s sponsor, Assemblyman Isadore Hall, earlier Thursday anticipated that the bill would be heard and voted on in the waning hours of the Assembly’s, as well as the Senate’s, terms despite the fact that it wasn’t on the roster of bills scheduled to be heard and voted on.
But in the end, AB 640 was stuck in the Assembly’s appropriations committee.
Much of the evening in the Assembly floor session was devoted to issues such as hiking the minimum wage and introducing drivers license options for illegal immigrants.
The Assembly’s session ended minutes after midnight and business was adjourned until 2014.
Normally, Friday would be a marathon day with lawmakers debating bills until midnight. But Yom Kippur, the holiest Jewish holiday, starts at sundown, so lawmakers were pushing hard to wrap up earlier.
- See more at: http://therealpornwikileaks.com/california-porn-condom-bill-ab-640-dead-session/#sthash.ZhHLrGyH.dpuf
SACRAMENTO — AB 640, the bill that would require adult film performers to use condoms in adult film productions shot anywhere in California, wasn’t heard or voted on Thursday evening in the Assembly, effectively ending the threat of a statewide porn-condom law for now.
The bill’s sponsor, Assemblyman Isadore Hall, earlier Thursday anticipated that the bill would be heard and voted on in the waning hours of the Assembly’s, as well as the Senate’s, terms despite the fact that it wasn’t on the roster of bills scheduled to be heard and voted on.
But in the end, AB 640 was stuck in the Assembly’s appropriations committee.
Much of the evening in the Assembly floor session was devoted to issues such as hiking the minimum wage and introducing drivers license options for illegal immigrants.
The Assembly’s session ended minutes after midnight and business was adjourned until 2014.
Normally, Friday would be a marathon day with lawmakers debating bills until midnight. But Yom Kippur, the holiest Jewish holiday, starts at sundown, so lawmakers were pushing hard to wrap up earlier.
- See more at: http://therealpornwikileaks.com/california-porn-condom-bill-ab-640-dead-session/#sthash.ZhHLrGyH.dpuf
SACRAMENTO — AB 640, the bill that would require adult film performers to use condoms in adult film productions shot anywhere in California, wasn’t heard or voted on Thursday evening in the Senate, effectively ending the threat of a statewide porn-condom law for now.

The bill's sponsor, Assemblyman Isadore Hall, earlier Thursday anticipated that the bill would be heard and voted on in the waning hours of the Legislature's term despite the fact that it wasn't on the roster of bills scheduled to be heard and voted on.

Much of the evening in  the Legislature was devoted to issues such as hiking the minimum wage and introducing drivers license options for illegal immigrants.

The Legislature's session ended minutes after midnight and business was adjourned until 2014.

Normally, Friday would be a marathon day with lawmakers debating bills until midnight. But Yom Kippur, the holiest Jewish holiday, starts at sundown, so lawmakers were pushing hard to wrap up earlier.
 Since Assemblyman Hall is limited to 3 terms in office, next year will be his last chance to pull the weight for AHF....that is, if they don't go the route of the antigay forces and attempt to push the condom mandate statewide as an initiative, just like the anti-gay marriage proposed Proposition 8. Otherwise, it seems that sanity has proven to be an effective counterforce to insanity, and performer's choice is preserved for at least 2013.

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