BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1660|
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THIRD READING
Bill No: AB 1660
Author: Campos (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 6/27/12
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland, Runner
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 78-0, 5/30/12 - See last page for vote
SUBJECT : Representation of minors: permits
SOURCE : BizParentz
DIGEST : This bill requires persons representing artists
who are minors, under 18 years of age, to obtain a Child
Performer Services Permit (CPSP) from the Department of
Industrial Relations (DIR).
ANALYSIS : Existing law requires that persons or
corporations that act as talent agencies pay a filing fee
CONTINUED
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and obtain a license from the Labor Commissioner
(Commissioner).
This bill prohibits a person, except a person licensed as a
talent agent and other specified persons, from representing
or providing specified services to artists who are minors,
under 18 years of age, unless he/she submits to the
Commissioner an application for a CPSP and receives that
permit. This bill requires the 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 (DOJ) that the applicant is not
required to register as a sex offender, as specified, the
commissioner shall issue a CPSP to the applicant. This
bill requires the applicant to renew the permit on a
biennial basis, as specified.
This bill creates the CPSP 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. This bill authorizes the Commissioner,
until June 30, 2013, on a one-time basis, to borrow and
repay up to $250,000 from the Labor Enforcement and
Compliance Fund to the CPSP Fund for startup costs related
to the above-described permit program.
This bill also requires each person required to submit the
above-described application to provide electronic
fingerprinted images and related information required by
the DOJ, as specified. This bill requires the Commissioner
to electronically submit to the DOJ fingerprint images and
the related information. This bill requires the DOJ to use
the fingerprint images and information to provide the
Commissioner with both state and federal criminal history
information, as specified.
This bill requires the Commissioner to maintain a list of
all persons holding a valid CPSP issued under the
above-described provisions and make this list publicly
available on its Internet Web site.
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This bill prohibits a person, including a person who is
licensed as a talent agent and any other person who is
exempt from the above-described permit requirement, who is
required to register as a sex offender, as specified, from
being permitted to represent or provide specified services
to artists who are minors.
This bill provides for penalties for persons who violate
its provisions, enforceable by persons injured, and by
specified public entities authorized by this bill to seek
remedies that include misdemeanor criminal penalties. It
provides that its provisions do not excuse compliance with
other laws, and that its remedies are not exclusive.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Senate Appropriations Committee indicates, up to $250,000
in 2012-13 and 2013-14 from the CPSP Fund to the DIR for
temporary staff needed to process initial permit
applications.
Unknown fee revenue annually, beginning 2013-14.
Costs of up to $180,000 annually thereafter from CPSP
biennial renewal and offsetting fee revenue.
One time loan of $250,000 from the Labor Enforcement
and Compliance Fund for startup costs.
All costs to the DIR and the DOJ for background checks
offset by processing fee.
Likely minor costs annually to the DIR for enforcement.
SUPPORT : (Verified 8/21/12)
American Federation of Television and Radio Artists
Association of Talent Agents
Motion Picture Association of America, Inc.
Screen Actors Guild
The following supporters are indicated in the analysis of
the Senate Labor and Industrial Relations Committee:
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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
Pafundi Law Firm, APC
Peace Officers Research Association of California
Stage Moms Group
Talent Managers Association)
OPPOSITION : (Verified 8/21/12)
California Reform Sex Offender Laws
ARGUMENTS IN SUPPORT : The author states:
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.
AB 1660 would require any person who represents artists
who are minors and whose job requires them to be
unsupervised with children, to submit his/her name and
a fee to the Labor Commissioner to permit screening of
that individual to determine if he/she is a registered
sex offender. No person who is identified as a sex
offender under this procedure would be permitted to
represent artists who are minors. It would exclude
licensed talent agents, who are already subject to
regulation under the Talent Agents Act, LC 1700, and
studio teachers, who are subject to the rigorous
Teacher Credentialing Standards of the Education Code.
This protection is needed because Hollywood is a unique
environment. The entertainment industry can be a prime
profession for pedophiles and child molesters because
it is a common practice for children to be in the
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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 them.
Sadly, recent news reports reveal the concerns about
pedophiles in the entertainment industry are not just
Hollywood sensationalism. Three Managers have been
arrested recently on child-abuse related offenses.
Although the majority of child managers, modeling and
acting agencies are legitimate, there are still
loopholes within the law that make it very easy for a
predator to gain access to children under false
pretenses.
ARGUMENTS IN OPPOSITION : California Reform Sex Offender
Laws states, "As it is currently written, AB 1660 is overly
broad in that it would apply to everyone required to
register under Penal Code Section 290. There are now more
than 92,000 individuals required to register most of whom
have not harmed a child. For example, the registry
includes many individuals who have been convicted of
non-violent, non-contact offenses such as public urination,
streaking and sexting as well as consensual teen sex.
ASSEMBLY FLOOR : 78-0, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
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Pérez
NO VOTE RECORDED: Fletcher, Valadao
RJG/DLW:dk 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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