BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1660
                                                                  Page  1

          Date of Hearing:   April 25, 2012

           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND 
                                   INTERNET MEDIA
                                 Nora Campos, Chair

                    AB 1660 (Campos) - As Amended:  April 23, 2012
           
          SUBJECT  :   Representation of minors; permits.

           SUMMARY  :   Prohibits a person, subject to specified exceptions, 
          from representing or providing services to artists that are 
          under the age of 18 unless he or she submits to the Labor 
          Commissioner (LC) an application for a Child Performers Services 
          Permit (Permit) and has received the Permit.  Specifically,  this 
          bill  :  

          1)States that no person shall represent any artists, who are 
            minors under the age of 18, without first submitting an 
            application to the LC for a Permit and is in receipt of that 
            Permit from the LC, as specified.

          2)Requires the LC to set and collect a filing fee to be paid by 
            the applicant, and requires applicants to submit their 
            fingerprints along with the fee when the application for the 
            Permit is filed.

          3)Further requires the LC to forward the name of each applicant 
            with his or her fingerprint card to the Department of Justice 
            (DOJ) to determine if the applicant is required to register as 
            a sex offender before the LC can issue the Permit.

          4)Prohibits a person who is identified as a sex offender, as 
            specified, from being permitted to represent or provide 
            certain services to artists who are minors, as defined.

          5)Provides that the LC shall maintain a list of all persons 
            holding a valid Permit and shall make this list publicly 
            available on its Internet Web site.

          6)Creates the Child Performers Services Permit Fund in the State 
            Treasury where the LC shall deposit all filing fees from the 
            Permit applications to pay for the costs of the administration 
            of the Permit program, as specified.









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           EXISTING LAW  : 

          1)Requires that persons or corporations that act as talent 
            agencies pay a filing fee and obtain a license to represent 
            artists who are minors from the LC.

          2)Requires that applicants for the license provide their 
            business history and financial information along with 
            fingerprints and affidavits from personal references.  
            Requires talent agencies to post a bond with the LC before the 
            license may be issued.

          3)Provides that licenses may not be granted to agencies that 
            would endanger the health, safety, or welfare of the artists 
            that are represented and provides that the LC 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.

          4)Prohibits any person who is required to register as a sex 
            offender under Penal Code Section 290 from holding a 
            California Teaching Credential.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement and Support  :  
           
            According to the author, "Existing law only applies to 
            licensed talent agents, where it requires that applicants for 
            the license provide their business history and financial 
            information along with fingerprints and affidavits from 
            personal references.  This bill would extend similar 
            requirements to others who also work with children in 
            entertainment.

            The author further states, "This protection is needed because 
            Hollywood is a unique environment, one where it is a common 
            practice for children to be in the company of adults who are 
            not their parents, have photos taken by strangers in order to 
            obtain work, and befriend adults who can aid in their 
            professional growth.  Child predators can easily work as 
            professional photographers, managers or talent agents and use 
            their job to lure unassuming children and parents to trust 








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            them."

            According to the author, recent news reports reveal the 
            concerns about pedophiles in the entertainment industry are 
            not just Hollywood sensationalism.  The author points out 
            that, two managers in the industry were arrested here in 
            California at the end of 2011 for child-abuse related 
            offenses.

            Finally, the author states, "Although the majority of child 
            managers, modeling and acting agencies are legitimate, there 
            are still loopholes within the law that make it too easy for a 
            predator to gain access to children under false pretenses."

            Supporters of this bill concur with the authors statements and 
            believe this bill is necessary for the greater protection of 
            child performers.

           2)Background:  Recent Events and Genesis of Legislation  :  
             
              a)   The Unique Environment of the Entertainment Industry  :  
             
               According to BizParents, the sponsors of AB 1660, the issue 
               of pedophiles working in the entertainment industry is not 
               new.  They write the committee to say, "Our organization 
               has watched over two dozen questionable men in our industry 
               since 1995.  They were ALL, without exception, operating 
               independently as photographers, publicists, acting coaches, 
               and managers.  They do not suddenly 'rape' children, so 
               this isn't the issue of parents not 'watching their kid'.   
               Rather, the pedophile slowly 'grooms' them, gains the trust 
               of the family, and offers them professional advancement.    


               "Because the 'bad guys' are independent, there is no trade 
               organization, no way for parents to check them out.  Anyone 
               can hang their shingle in these professions.   Actors are a 
               very target rich audience, and pedophiles see the opening 
               in our system.   They gravitate toward environments where 
               children exist.  It's easy for them to infiltrate our 
               world." 

               The sponsors explain that the entertainment industry is 
               unique, "Because our children are working in an adult 
               world, there are instances that might be considered unusual 








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               by the public.  Acting coaches are almost always seen 
               alone; photography for swimwear (shirtless) is expected.  
               Obeying direction from a total stranger (the director) is 
               normal.  For this reason, it is tough for parents 
               (especially those new to the industry) to sort out what are 
               accepted business practices.   

               Anne Henry and Paula Dorn, founders of Bizparentz, state 
               they were forced to educate themselves on the issue of 
               pedophiles operating in Hollywood after photographs of 
               their child-actor sons were sold for a large sum of money 
               on eBay.

               "Our children were not famous.  The market for the photos 
               was pedophiles, we eventually learned.  In investigating 
               that, we realized that we had some predators very, very 
               close to us.  Things went from there and we started to get 
               complaints from parents. In some cases we were involved as 
               an organization assisting law enforcement; in some cases we 
               acted as liaisons to the families.  When we first started 
               this sad journey, there were no convictions."

              b)   Recent Arrests of Accused Child Predators  :  
                
               December 2011 brought three separate reports of alleged 
               child sexual abuse in the entertainment industry, according 
               to published reports.

               "Martin Weiss, a 47-year-old Hollywood manager who 
               represented child actors, was charged in Los Angeles on 
               December 1 with sexually abusing a former client.  His 
               accuser, who was under 12 years old during the time of the 
               alleged abuse, reported to authorities that Weiss told him 
               'what they were doing was common practice in the 
               entertainment industry.'  Weiss has pleaded not guilty.

               "On November 21, Fernando Rivas, 59, an award-winning 
               composer for 'Sesame Street,' was arraigned on charges of 
               coercing a child 'to engage in sexually explicit conduct' 
               in South Carolina.  The Juilliard-trained composer was also 
               charged with production and distribution of child 
               pornography.

               "Registered sex offender Jason James Murphy, 35, worked as 
               a casting agent in Hollywood for years before his past 








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               kidnapping and sexual abuse of a boy was revealed by the 
               Los Angeles Times on November 17, 2011."  Recent Charges of 
               Sexual Abuse of Children in Hollywood Just Tip of Iceberg, 
               Experts Say, Meagan Murphy, December 5, 2011, FoxNews.com

              c)   Former Child Actors Come Forward as Victims of Sexual 
               Abuse  :  
                
               Recently two former child stars have come out as victims of 
               childhood sexual abuse, and now Corey Feldman and Todd 
               Bridges are pushing for more oversight of child actors.

               In a Los Angeles Times article, "The two are speaking 
               publicly about their personal experiences of being molested 
               while working in the entertainment industry, and trying to 
               help push the California Legislature to pass a bill that 
               would require background checks for talent managers, 
               photographers and others who work unsupervised with child 
               actors.  In 2006, a similar bill failed to get enough 
               support to pass through the state Senate. Bridges told the 
               Los Angeles Times, 'Without these types of precautions 
               (contained in AB 1660), Hollywood will continue to attract 
               pedophiles with an unmonitored playing field to commit 
               their inhumane acts.'  'This is a very good idea,' Feldman 
               said. 'I think it should have been implemented years ago.'  
               Two Former Teen Idols Back Bill to Protect Child Actors, 
               Dawn C. Chmielewsk, April 18, 2012, Los Angeles Times.
             
          3)Recent Amendments Explained  :  

             AB 1660 was recently amended to make a number of changes.  
            Below are a summary of the major changes, and the author's 
            explanation for making them.

             a)   Changes the Permit name to better reflect the nature of 
               the permit to Child Performer Services Permit. This change 
               is made throughout the bill.

             b)   Changes the age of the minor artists covered under the 
               Permit from 16 to 18 years of age, to reflect the legal 
               definition of minor.  ÝLabor Code Section 1706 (a).]

             c)   Changes the Penal Code section reference of registered 
               sex offenders from the list of sex offenders which are 
               required to be posted on the internet, (Penal Code Section 








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               290.46), to the list in Penal Code Sections 290 - 290.006.  
               This change is made in order to screen for a more 
               comprehensive list of persons required to register as sex 
               offenders.  ÝLabor Code Sections 1706 (a) (3)(A) and (B); 
               1706(b), et seq.]

             d)   Redrafts the fingerprint collection and criminal 
               background search language per the DOJ, to conform to their 
               existing standard background check practices. Also 
               clarifies the ability of the LC to collect fees from 
               applicants and remit the costs of this service to the DOJ.  
               ÝLabor Code Section 1706 (c).]

             e)   Requires the LC to maintain a list of valid permit 
               holders and post it on their Internet Website. This change 
               is to provide notice to potential clients that a service 
               provider has a valid permit prior to engaging their 
               services, such as signing up for an acting camp.  ÝLabor 
               Code Section 1706 (d).]

             f)   Clarifies that no one who is a registered sex offender 
               may provide the services covered under the bill to child 
               performers, even though talent agents, studio teachers, and 
               other defined persons are given exceptions from the 
               requirement to get the Permit.  This change is consistent 
               with existing law.  ÝLabor Code Section 1706 (e).]

             g)   Adds performers who work in "advertising, including 
               print advertising" to the protected group of artists.  This 
               definition is consistent with existing law.  ÝLabor Code 
               Section 1706 (f) (1).] 

             h)   Adds "instruction, evaluation, or teaching of acting, 
               singing, dance voice, or similar services," to the covered 
               professions who perform child performer services.  This 
               change reflects current trends in the industry for 
               performer's training services.  ÝLabor Code Section 1706 
               (2) (E).]

           4)Exceptions to the Permit Requirement  :   
           
            This measure contains four express exceptions from the 
            requirement of a person having to obtain a Permit.  They are:

             a)   A person licensed as a talent agent as specified in 








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               Chapter 4 (commencing with Labor Code Section 1700), or 
               operating under the license of a talent agent.

               The Talent Agents Act (TAA) of the California Labor Code 
               provides that applicants for a Talent Agency license must 
               provide their business history and financial information 
               along with fingerprints and affidavits from personal 
               references before the LC may issue a license.  The TAA 
               further provides that licenses may not be granted to 
               agencies that would endanger the health, safety, or welfare 
               of the artists that are represented and authorizes the LC 
               to 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. (Labor Code Section 1700, et seq.)

             b)   A studio teacher certified by the LC as defined in 
               Section 11755 of Title 8 of the California Code of 
               Regulations.  

               Current law requires that all studio teachers must be 
               credentialed in the state of California ÝTitle 8 of 
               California Code of Regulations (CCR) 11755].  No teacher 
               may hold a credential if they are convicted of any crime 
               which requires them to register as a sex offender 
               (Education Code Section 44424).  In addition, any teacher 
               charged with such an offense is subject to a mandatory 
               leave of absence and may not return to the classroom until 
               the charges have been cleared.  (Education Code Section 
               44940) 

             c)   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. 

               Under Title 8 of CCR 11757, a parent or guardian must be 
               present with and accompany any minor under 16 years of age 
               while on a set or location.  This exception essentially 
               provides that those persons who come in contact with minors 
               while at work on a lot or set, such as hair dressers, 
               make-up, costume, production assistants, etc., need not 
               obtain a Permit.

             d)   A person who has only incidental and occasional contact 








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               with minor children, unless the person works directly with 
               minor children, has supervision or disciplinary power over 
               minor children, or receives a fee.

               This provision is consistent with existing law which limits 
               the professions and voluntary activities of registered sex 
               offenders in Penal Code Section 290.95. This language 
               allows for normal and transient contact between persons 
               which occurs in the regular course of business, but takes 
               into account those situations where a person may have some 
               authority or sway over the minor child.

           5)Prior Related Legislation  :  
           
            AB 2072 (Montanez) of the 2005-06 Legislative Session, was a 
            substantially similar measure which passed the Assembly with 
            bipartisan support but was held on the Suspense File in Senate 
            Appropriations Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          BizParentz (Sponsors)
          Brilliant Talent Management
          Hollywood Mom Blog
          Leonian Pictures
          PORAC
          Pafundi Law Firm
          Stage Moms Network
          84 Private Citizens
           
          Opposition 
           
          None known

           
          Analysis Prepared by  :    Dana Mitchell / A.,E.,S.,T. & I.M. / 
          (916) 319-3450