BILL ANALYSIS Ó
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 27, 2012 2011-2012 Regular
Session
Consultant: Andrew Chen Fiscal:Yes
Urgency: No
Bill No: AB 1660
Author: Campos
As Introduced/Amended: June 21, 2012
SUBJECT
Representation of minors: permits.
KEY ISSUE
Should the Legislature require the Labor Commissioner to
implement a permitting process and background check for persons
who wish to represent or provide services to artists who are
minors?
PURPOSE
To increase protections for child artists in the entertainment
industry by creating a permitting process for non-licensed
talent representatives.
ANALYSIS
Existing law provides that any person who wishes to engage in
the profession of a talent agency must first procure a license
from the Labor Commissioner (LC). (Labor Code § 1700.5)
Existing law also provides that the application for such a
license must be accompanied by identifying information,
including two sets of fingerprints and two affidavits from
reputable residents of the city, attesting to the good moral
character of the applicant. (Labor Code § 1700.6)
Existing law also grants the LC the power to conduct an
investigation as to the character and responsibility of the
applicant, as well as the power to refuse to grant a license.
(Labor Code § 1700.7-1700.8)
This bill would prohibit any person, with certain exceptions,
who wishes to represent or provide specified services to any
artist who is a minor, unless he or she first submits a similar
application to the LC for a Child Performer Services permit.
This permit shall be renewed every two years.
This bill exempts from its provisions certain persons who are
already screened under current law:
1) A person licensed as a talent agent, as defined in
Labor Code § 1700
2) A studio teacher 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.
The bill further specifies the term "represent or provide
services to" minors to encompass the following paid services:
1) Photography
2) Career management
3) Career counseling or vocational training
4) Public relations services or publicity
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Senate Committee on Labor and Industrial Relations
5) Instruction, evaluation, or teaching of acting,
singing, dance, voice, or similar services.
This bill creates criminal penalties for violations of its
provisions consisting of an up to $10,000 fine, a one-year
sentence in county jail, or both.
COMMENTS
1. Need for this bill?
Current law requires that any person who wishes to engage in
the business of a talent agency must first acquire a permit
from the Labor Commissioner, and may be subject to a
background check. However, the term "talent agency" (Labor
Code § 1700.3) is only defined as a person or cooperation who
engages in the occupation of "procuring, offering, promising,
or attempting to procure employment or engagements for an
artist or artists." This definition does not include many
professions, such as photographers and coaches, who may work
with child artists on sets or in training. This bill expands
the breadth of professions that fall under the scrutiny of the
Labor Commissioner in order to attempt to provide additional
protections for child artists from sexual predators.
2. Proponent Arguments :
Proponents of the bill argue that Hollywood and the
entertainment industry generally present a unique environment,
where children are commonly 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. Thus, proponents say, child predators
can easily work as professional photographers, managers or
talent agents and use their job to lure unassuming children
and parents to trust them. Proponents cite recent criminal
arrests of child talent managers, as well as the recent
testimony of former child actors Cory Feldman and Todd
Bridges, as evidence that current law has loopholes that do
not provide child artists adequate protection against sexual
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Senate Committee on Labor and Industrial Relations
predators.
3. Opponent Arguments :
Opponents of the bill argue that, as written, AB 1660 is over
broad in that it would apply to every person required to
register under Penal Code § 290. Opponents argue that because
this registry encompasses many individuals who have not harmed
a child, but have instead been convicted of non-violent,
non-contact offenses, the bill could unintentionally exclude
otherwise qualified individuals from working with child
artists.
4. Prior Legislation :
AB 2072 (Montanez), Legislation of 2006: Died, Senate
Appropriations Committee
This bill also created a permitting process for any person
wishing to represent artists who are minors, and created
similar associated criminal penalties and fees.
5. Double Referral:
Should this bill be passed by the Committee, it will next be
referred to the Senate Public Safety Committee for hearing.
SUPPORT
Brilliant Talent Management
Children in Film.com
Hollywood Mom Blog
Lane Management Group
Leonian Pictures
Los Angeles City Attorney's Office
Mothers Against Sexual Predators
Motion Picture Association of America
Numerous Individuals
Pafundi Law Firm, APC
Peace Officers Research Association of California
Screen Actors Guild-American Federation of Television and Radio
Artists
Stage Moms Group
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Senate Committee on Labor and Industrial Relations
Talent Managers Association
The BizParentz Foundation
OPPOSITION
California Reform Sex Offender Laws
Hearing Date: June 27, 2012 AB 1660
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Senate Committee on Labor and Industrial Relations