“Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints.”
~Justice Anthony Kennedy
By Alden Benton
Proposition 60 asks voters to increase regulations on the adult film industry.
This proposal requires adult film producers to provide condoms and condom-safe lubricants. Additionally, Proposition 60 requires that the costs of certain vaccinations, testing, and medical monitoring relative to HIV/AIDS and other sexually transmitted infections be paid by adult film producers.
This measure also grants adult film performers a right of to sue to recover civil damages for economic or personal injury caused by adult film producers’ failure to comply with health and safety requirements.
Proposition 60 requires regulations be adopted to enforce its provisons by January 1, 2018.
Under the provisions of this measure, within 10 days of the beginning of filming, adult film producers must, disclose the following:
- The addresses of the filming,
- Dates of the filming, and
- The name and contact information of both the producer and the mandated custodian of records.
This proposal mandates adult film producers to appoint a custodian who will maintain copies of required paperwork and evidence of compliance with this measure.
This measure also requires disclosure of the name and contact information of any talent agencies that provide performers to the producer.
The adult film producer must also certify:
- When filming certain sexual acts condoms are used,
- STD testing, vaccinations, and medical exams were offered, and
- The producer paid the costs of the medical testing.
Every time producers submit the required paperwork, they must pay a $100 licensing fee to cover administrative cost required by this measure. Fines for noncompliance range from $1,000 to $7,000 for each violation and repeat violations receive fines from $7,000 to $15,000.
A producer faces fines of up to $70,000 if the producer knowingly falsifies information required by this measure.
Proposition 60 requires a 2/3 vote of the legislature to amend its provisions.
© 2016 A. L. Benton/Independence Creek Enterprises
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