BILL NUMBER: AB 1660	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 14, 2012

   An act to add Chapter 5 (commencing with Section 1706) to Part 6
of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1660, as introduced, Campos. Representation of minors: permits.

   Existing law requires that persons or corporations that act as
talent agencies pay a filing fee and obtain a license from the Labor
Commissioner. Existing law also requires that applicants for the
license provide their business history and financial information
along with fingerprints and affidavits from personal references.
Talent agencies are also required to post a bond with the
commissioner before a license is issued. Licenses may not be granted
to agencies that would endanger the health, safety, or welfare of the
artists represented. Existing law also provides that the
commissioner may revoke the license of any agency for failure to
comply with these provisions or if the licensee has ceased to be of
good moral character.
   This bill would prohibit a person, subject to specified
exceptions, from representing or providing specified services to
artists who are minors, under 16 years of age, unless he or she
submits to the Labor Commissioner an application for a Minor's
Representation Permit and receives that permit. The bill would
require the Labor Commissioner to set forth a filing fee to be paid
by the applicant to the commissioner at the time the application for
the permit is filed. Upon receiving the application and filing fee
and determining from the below-described information provided by the
Department of Justice that the applicant is not subject to public
notification on an Internet Web site as a sex offender, as specified,
the commissioner shall issue a Minor's Representation Permit to the
applicant. The bill would require the applicant to renew the permit
on a biennial basis, as specified.
    The bill would create the Minor's Representation Permit Fund into
which would be deposited the above-described filing fee. Upon
appropriation by the Legislature, the proceeds from the fund would be
used to pay the costs of the above-described permit program. The
bill would authorize the Labor Commissioner, on a one-time basis, to
borrow and repay up to $250,000 from the Labor Enforcement and
Compliance Fund to the Minor's Representation Permit Fund for startup
costs related to the above-described permit program.
   This bill would also require each person required to submit the
above-described application to submit to the commissioner two sets of
fingerprints, as specified. The bill would require the commissioner
to forward the name of each applicant and his or her fingerprint card
to the Department of Justice. The bill would require the department
to provide the commissioner with information about any person
matching that name and fingerprints for whom information may be
available to the public on an Internet Web site by virtue of the
person's status as a sex offender, as specified. The bill would
prohibit a person who is identified as a sex offender subject to
public disclosure on the Internet from being permitted to represent
or provide specified services to artists who are minors.
   The bill would provide for penalties for persons who violate its
provisions, enforceable by persons injured, and by specified public
entities authorized by the bill to seek remedies that include
misdemeanor criminal penalties. It would provide that its provisions
do not excuse compliance with other laws, and that its remedies are
not exclusive.
   By providing for criminal penalties, this bill would impose a
state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5 (commencing with Section 1706) is added to
Part 6 of Division 2 of the Labor Code, to read:
      CHAPTER 5.  MINOR'S REPRESENTATION PERMITS


   1706.  (a) (1) No person shall represent or provide specified
services to any artist who is a minor, under 16 years of age, without
first submitting an application to the Labor Commissioner for a
Minor's Representation Permit and receiving that permit.
   (2) The Labor Commissioner shall set forth a filing fee, to be
paid by the applicant to the commissioner at the time the application
is filed, in an amount sufficient to reimburse the Labor
Commissioner for the costs of the permit program, but not to exceed
fifty dollars ($50). This amount shall be in addition to any filing
fees required pursuant to this part.
   (3) (A) The Labor Commissioner shall issue a Minor's
Representation Permit to the applicant after he or she has received
the application and filing fee and determined from information
provided by the Department of Justice that the person is not subject
to public notification on an Internet Web site in accordance with
Section 290.46 of the Penal Code.
   (B) After receiving his or her first Minor's Representation
Permit, a person shall on a biennial basis renew his or her
application by resubmitting his or her name and a new filing fee to
the Labor Commissioner in the amount set forth by the Labor
Commissioner pursuant to paragraph (2). The Labor Commissioner shall
issue a renewed permit to the person after receiving his or her
application and filing fee. Subdivision (c) shall not apply with
respect to permit renewals.
   (b) This chapter does not apply to the following:
   (1) A person licensed as a talent agent as specified in Chapter 4
(commencing with Section 1700), or operating under the license of a
talent agent.
   (2) A studio teacher certified by the Labor Commissioner as
defined in Section 11755 of Title 8 of the California Code of
Regulations.
   (3) A person whose contact with minor children is restricted to
locations where, either by law or regulation, the minor must be
accompanied at all times by a parent or guardian, and the parent or
guardian must be within sight or sound of the minor.
   (4) A person who has only incidental and occasional contact with
minor children, unless the person works directly with minor children,
has supervision or disciplinary power over minor children, or
receives a fee.
   (c) (1) Each person required to submit an application to the Labor
Commissioner pursuant to paragraph (1) of subdivision (a) shall also
submit to the Labor Commissioner two sets of his or her
fingerprints.
   (2) The Labor Commissioner shall forward the name of each person
submitting an application pursuant to paragraph (1) of subdivision
(a) and his or her fingerprints to the Department of Justice.
   (3) (A) Upon receiving the name and fingerprints of an applicant,
the Department of Justice shall provide the Labor Commissioner with
information on any person matching that name and fingerprints for
whom information may be available to the public on an Internet Web
site as provided in Section 290.46 of the Penal Code, to the extent
the information may be disclosed pursuant to that section.
   (B) In addition to the filing fee paid by the applicant pursuant
to subdivision (a) to reimburse the Labor Commissioner for the costs
of the permit program, the Labor Commissioner may charge a fee
determined by the Department of Justice to be sufficient to cover the
costs incurred by the department in providing the services described
in subparagraph (A). The amount of the fee shall be forwarded by the
Labor Commissioner to the Department of Justice with the applicant's
name and fingerprints. This fee shall be available to the Department
of Justice for the purposes described in this subparagraph upon
appropriation by the Legislature.
   (4) Upon receipt of information from the Department of Justice
provided pursuant to paragraph (3), the commissioner shall timely
cause a copy of the information to be sent to the person who has
submitted the application, and shall keep a copy of the information
and application on file. The person shall post this information
received from the commissioner in a conspicuous place in his or her
place of business.
   (d) No person who is subject to public notification on an Internet
Web site in accordance with Section 290.46 of the Penal Code may
represent or provide specified services to any artist who is a minor.

   (e) For purposes of this section, the following terms have the
following meanings:
   (1) "Artist" or "artists" means persons who seek to become or are
actors or actresses rendering services on the legitimate stage or in
the production of motion pictures, radio artists, musical artists,
musical organizations, directors of legitimate stage, motion picture,
and radio productions, musical directors, writers, cinematographers,
composers, lyricists, arrangers, models, extras, and other artists
or persons rendering professional services in motion picture,
theatrical, radio, television, and other entertainment enterprises.
   (2) Except as used in the context of a fee an applicant is
required to pay with his or her application, "fee" means any money or
other valuable consideration paid or promised to be paid by an
artist, by an individual on behalf of an artist, or by a corporation
formed on behalf of an artist for services rendered or to be rendered
by any person conducting the business of representing artists.
   (3) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.
   (4) To "represent or provide specified services to" means to
provide for a fee one or more of the following services:
   (A) Photography, including still photography, digital photography,
and video and film services provided directly to the artist.
   (B) Managing or directing the development or advancement of the
artist's career as an artist.
   (C) Career counseling, career consulting, vocational guidance,
aptitude testing, evaluation, or planning, in each case relating to
the preparation of the artist for employment as an artist.
   (D) Public relations services or publicity, or both, including
arranging personal appearances, developing and distributing press
packets, managing fan mail, designing and maintaining Internet Web
sites, and consulting on media relations.
   (f) (1) The Labor Commissioner shall deposit all filing fees
described in subdivision (a) into the Minor's Representation Permit
Fund, which is hereby created in the State Treasury. The funds
deposited in the Minor's Representation Permit Fund shall be
available to the Labor Commissioner, upon appropriation by the
Legislature, to pay for the costs of administration of the Minor's
Representation Permit program and to repay any loan from the Labor
Enforcement and Compliance Fund made pursuant to paragraph (2).
   (2) The Labor Commissioner is authorized on a one-time basis to
borrow up to two hundred fifty thousand dollars ($250,000) from the
Labor Enforcement and Compliance Fund, as established by subdivision
(e) of Section 62.5, for deposit in the Minor's Representation Permit
Fund to cover the one-time startup costs related to the Minor's
Representation Permit program. The loan shall be repaid to the Labor
Enforcement and Compliance Fund as soon as sufficient funds exist in
the Minor's Representation Permit Fund to repay the loan without
compromising the operations of the permit program.
   1706.1.  A person who willfully violates any provision of this
chapter is guilty of a misdemeanor. Each violation is punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail for not more than one year, or by both that fine and
imprisonment.
   1706.2.  The Attorney General, any district attorney, or any city
attorney may institute an action for a violation of this chapter,
including an action to restrain and enjoin a violation.
   1706.3.  A person who is injured by any violation of this chapter
may bring an action to recover damages or to restrain and enjoin a
violation, or both. The amount of damages that may be awarded for a
violation of this chapter is up to three times the damages actually
incurred. A final judgment may be satisfied from the bond or deposit
maintained by the Labor Commissioner, if any. A person bringing an
action under this chapter who prevails shall be awarded reasonable
attorney's fees and costs. The court may award punitive damages in
addition to any other amounts if it determines, by clear and
convincing evidence, that the violation of this chapter was willful.
   1706.4.  The provisions of this chapter are not exclusive and do
not relieve any person subject to this chapter from the duty to
comply with all other laws.
   1706.5.  The remedies provided in this chapter are not exclusive
and are in addition to any other remedies or procedures provided in
any other law.
  SEC. 2.  If any provision of this act or the application thereof to
any person or circumstances is held to be unconstitutional in a
reported opinion of a court of competent jurisdiction, the remainder
of the act and the application of that provision to other persons and
circumstances shall not be affected.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.