Amended in Assembly March 11, 2014

Amended in Assembly March 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amended, 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 advertising. begin delete The bill would prohibit the operator of an Internet Web site that posts 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. end delete By imposing new requirements on permit recipients begin delete and operators of Internet Web sites end delete , 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:

SECTION 1.  

Section 1706 of the Labor Code is amended to
read:

1706.  

(a) (1) No person shall represent or provide specified
services to any artist who is a minor, under 18 years of age, without
first submitting an application to the Labor Commissioner for a
Child Performer Services 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. This amount
shall be in addition to any charge imposed by the Labor
Commissioner pursuant to paragraph (3) of subdivision (c).

(3) (A) The Labor Commissioner shall issue a Child Performer
Services 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
required to register pursuant to Sections 290 to 290.006, inclusive,
of the Penal Code.

(B) After receiving his or her first Child Performer Services
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 and determining from the subsequent
arrest notification provided by the Department of Justice pursuant
to subparagraph (D) of paragraph (2) of subdivision (c) that the
person is not required to register pursuant to Sections 290 to
290.006, inclusive, of the Penal Code. A person shall not be
required to resubmit his or her fingerprints in order to renew his
or her permit.

(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
inclusive, when applied to a violation of subdivision (f), 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 provide to the Department of Justice electronic fingerprinted
images and related information required by the department of all
permit applicants, for the purposes of obtaining information as to
the existence and content of a record of state or federal arrests and
convictions, including arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.

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

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

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

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

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

(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
the applicant a fee sufficient to cover the costs of the fee imposed
by the Department of Justice pursuant to subparagraph (A). The
amount of the fee imposed pursuant to this subparagraph shall be
forwarded by the Labor Commissioner to the Department of Justice
with the applicant’s name, fingerprints, and other information
described in paragraph (1). This fee shall be available to the
Department of Justice for the purposes described in subparagraph
(A), upon appropriation by the Legislature.

(4) Upon receipt of information from the Department of Justice
provided pursuant to subparagraphs (C) and (D) of paragraph (2),
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.

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

(e) (1) Upon receipt of a valid Child Performer Services Permit,
the recipient shall post the permit in a conspicuous place in his or
her place of business.

(2) A person who is a recipient of a valid Child Performer
Services Permit shall 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 advertising.

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

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

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

(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, offer to provide, or advertise or represent as providing,
for a fee one or more of the following services:

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

(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.

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

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

begin delete

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

(i)

end delete

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

(2) Until June 30, 2013, the Labor Commissioner may, on a
one-time basis, 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 Child Performer Services Permit Fund to cover the one-time
startup costs related to the Child Performer Services Permit
program. The loan shall be repaid to the Labor Enforcement and
Compliance Fund, or any successor fund, as soon as sufficient
funds exist in the Child Performer Services Permit Fund to repay
the loan without compromising the operations of the permit
program.

SEC. 2.  

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.