California Legislature—2013–14 Regular Session

Assembly BillNo. 1680


Introduced by Assembly Member Wilk

February 12, 2014


An act to amend Section 1706 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1680, as introduced, Wilk. Child Performer Services Permit.

Existing law 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 or she submits to the Labor Commissioner an application for a Child Performer Services Permit and receives that permit. Existing law requires the Labor Commissioner to maintain a list of all persons holding a valid Child Performer Services Permit issued under the above-described provisions and make this list publicly available on its Internet Web site. Existing law provides for penalties for persons who violate these provisions, enforceable by persons injured, and by specified public entities authorized to seek remedies that include misdemeanor criminal penalties.

This bill would require a person with a valid Child Performer Services Permit to include the permit number on advertising in print or electronic media, including, but not limited to, Internet Web sites, or in any other medium of casting advertising. The bill would prohibit the operator of an Internet Web site that posts casting advertisements from posting the advertisement of a person subject to the permit requirement unless the person has provided specified information to the operator to establish that the person is the recipient of a valid Child Performer Services Permit. By imposing new requirements on permit recipients and operators of casting sites, and thereby changing the definition of a crime, 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:

P2    1

SECTION 1.  

Section 1706 of the Labor Code is amended to
2read:

3

1706.  

(a) (1) No person shall represent or provide specified
4services to any artist who is a minor, under 18 years of age, without
5first submitting an application to the Labor Commissioner for a
6Child Performer Services Permit and receiving that permit.

7(2) The Labor Commissioner shall set forth a filing fee, to be
8paid by the applicant to the commissioner at the time the
9application is filed, in an amount sufficient to reimburse the Labor
10Commissioner for the costs of the permit program. This amount
11shall be in addition to any charge imposed by the Labor
12Commissioner pursuant to paragraph (3) of subdivision (c).

13(3) (A) The Labor Commissioner shall issue a Child Performer
14Services Permit to the applicant after he or she has received the
15application and filing fee and determined from information
16provided by the Department of Justice that the person is not
17required to register pursuant to Sections 290 to 290.006, inclusive,
18of the Penal Code.

19(B) After receiving his or her first Child Performer Services
20Permit, a person shall on a biennial basis renew his or her
21application by resubmitting his or her name and a new filing fee
22to the Labor Commissioner in the amount set forth by the Labor
23Commissioner pursuant to paragraph (2). The Labor Commissioner
24shall issue a renewed permit to the person after receiving his or
25her application and filing fee and determining from the subsequent
26arrest notification provided by the Department of Justice pursuant
27to subparagraph (D) of paragraph (2) of subdivision (c) that the
P3    1person is not required to register pursuant to Sections 290 to
2290.006, inclusive, of the Penal Code. A person shall not be
3required to resubmit his or her fingerprints in order to renew his
4or her permit.

5(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
6inclusive, when applied to a violation of subdivision (f), this
7chapter does not apply to the following:

8(1) A person licensed as a talent agent as specified in Chapter
94 (commencing with Section 1700), or operating under the license
10of a talent agent.

11(2) A studio teacher certified by the Labor Commissioner as
12defined in Section 11755 of Title 8 of the California Code of
13Regulations.

14(3) A person whose contact with minor children is restricted to
15locations where, either by law or regulation, the minor must be
16accompanied at all times by a parent or guardian, and the parent
17or guardian must be within sight or sound of the minor.

18(4) A person who has only incidental and occasional contact
19with minor children, unless the person works directly with minor
20children, has supervision or disciplinary power over minor children,
21or receives a fee.

22(c) (1) Each person required to submit an application to the
23Labor Commissioner pursuant to paragraph (1) of subdivision (a)
24shall provide to the Department of Justice electronic fingerprinted
25images and related information required by the department of all
26permit applicants, for the purposes of obtaining information as to
27the existence and content of a record of state or federal arrests and
28convictions, including arrests for which the Department of Justice
29establishes that the person is free on bail or on his or her
30recognizance pending trial or appeal.

31(2) (A) When received, the Department of Justice shall forward
32the fingerprint images and related information described in
33paragraph (1) to the Federal Bureau of Investigation and request
34a federal summary for criminal history information.

35(B) (i) The Department of Justice shall review the information
36returned from the Federal Bureau of Investigation and compile
37and disseminate a response to the Labor Commissioner.

38(ii) The Department of Justice’s response shall provide both
39state and federal criminal history information pursuant to paragraph
40(1) of subdivision (p) of Section 11105 of the Penal Code.

P4    1(C) The Labor Commissioner shall request from the Department
2of Justice subsequent arrest notification service, as provided
3pursuant to Section 11105.2 of the Penal Code, for each person
4who submitted fingerprint images and the related information
5pursuant to paragraph (1).

6(3) (A) The Department of Justice shall charge the Labor
7Commissioner a fee sufficient to cover the cost of processing the
8request described in paragraph (2).

9(B) In addition to the filing fee paid by the applicant pursuant
10to subdivision (a) to reimburse the Labor Commissioner for the
11costs of the permit program, the Labor Commissioner may charge
12the applicant a fee sufficient to cover the costs of the fee imposed
13by the Department of Justice pursuant to subparagraph (A). The
14amount of the fee imposed pursuant to this subparagraph shall be
15forwarded by the Labor Commissioner to the Department of Justice
16with the applicant’s name, fingerprints, and other information
17described in paragraph (1). This fee shall be available to the
18Department of Justice for the purposes described in subparagraph
19(A), upon appropriation by the Legislature.

20(4) Upon receipt of information from the Department of Justice
21provided pursuant to subparagraphs (C) and (D) of paragraph (2),
22the commissioner shall timely cause a copy of the information to
23be sent to the person who has submitted the application, and shall
24keep a copy of the information and application on file.

25(d) The Labor Commissioner shall maintain a list of all persons
26holding a valid Child Performer Services Permit issued under this
27chapter and make this list publicly available on its Internet Web
28site.

29(e) begin insert(1)end insertbegin insertend insert Upon receipt of a valid Child Performer Services Permit,
30the recipient shall post the permit in a conspicuous place in his or
31her place of business.

begin insert

32(2) A person who is a recipient of a valid Child Performer
33Services Permit shall include the permit number on advertising in
34print or electronic media, including, but not limited to, Internet
35Web sites, or in any other medium of casting advertising.

end insert

36(f) No person, including a person described in subdivision (b),
37who is required to register pursuant to Sections 290 to 290.006,
38inclusive, of the Penal Code may represent or provide specified
39services to any artist who is a minor.

P5    1(g) For purposes of this section, the following terms have the
2following meanings:

3(1) “Artist” means a person who is or seeks to become an actor,
4actress, model, extra, radio artist, musical artist, musical
5organization, director, musical director, writer, cinematographer,
6composer, lyricist, arranger, or other person rendering professional
7services in motion picture, theatrical, radio, television, Internet,
8print media, or other entertainment enterprises or technologies.

9(2) Except as used in the context of a fee an applicant is required
10to pay with his or her application, “fee” means any money or other
11valuable consideration paid or promised to be paid by an artist, by
12an individual on behalf of an artist, or by a corporation formed on
13behalf of an artist for services rendered or to be rendered by any
14person conducting the business of representing artists.

15(3) “Person” means any individual, company, society, firm,
16partnership, association, corporation, limited liability company,
17trust, or other organization.

18(4) To “represent or provide specified services to” means to
19provide, offer to provide, or advertise or represent as providing,
20for a fee one or more of the following services:

21(A) Photography for use as an artist, including, but not limited
22to, still photography, digital photography, and video and film
23services.

24(B) Managing or directing the development or advancement of
25the artist’s career as an artist.

26(C) Career counseling, career consulting, vocational guidance,
27aptitude testing, evaluation, or planning, in each case relating to
28the preparation of the artist for employment as an artist.

29(D) Public relations services or publicity, or both, including
30arranging personal appearances, developing and distributing press
31packets, managing fan mail, designing and maintaining Internet
32Web sites, and consulting on media relations.

33(E) Instruction, evaluation, lessons, coaching, seminars,
34workshops, or similar training as an artist, including, but not limited
35to, acting, singing, dance, voice, or similar instruction services.

36(F) A camp for artists, which includes, but is not limited to, a
37day camp or overnight camp in which any portion of the camp
38includes any services described in subparagraphs (A) to (E),
39inclusive.

begin insert

P6    1(h) The operator of an Internet Web site that posts casting
2advertisements shall not post the advertisement of a person subject
3to paragraph (1) of subdivision (a) unless the person has provided
4information to the operator to establish that the person is the
5recipient of a valid Child Performer Services Permit, including a
6permit number and a form of identification to verify that the person
7is the recipient. Advertisements posted by the operator for a person
8subject to paragraph (1) of subdivision (a) shall comply with
9paragraph (2) of subdivision (e).

end insert
begin delete

10(h)

end delete

11begin insert(i)end insert (1) The Labor Commissioner shall deposit all filing fees
12described in subdivision (a) into the Child Performer Services
13Permit Fund, which is hereby created in the State Treasury. The
14funds deposited in the Child Performer Services Permit Fund shall
15be available to the Labor Commissioner, upon appropriation by
16the Legislature, to pay for the costs of administration of the Child
17Performer Services Permit program and to repay any loan from
18the Labor Enforcement and Compliance Fund made pursuant to
19paragraph (2).

20(2) Until June 30, 2013, the Labor Commissioner may, on a
21one-time basis, borrow up to two hundred fifty thousand dollars
22($250,000) from the Labor Enforcement and Compliance Fund,
23as established by subdivision (e) of Section 62.5, for deposit in
24the Child Performer Services Permit Fund to cover the one-time
25startup costs related to the Child Performer Services Permit
26program. The loan shall be repaid to the Labor Enforcement and
27Compliance Fund, or any successor fund, as soon as sufficient
28funds exist in the Child Performer Services Permit Fund to repay
29the loan without compromising the operations of the permit
30program.

31

SEC. 2.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P7    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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