BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1680
                                                                  Page  1

          Date of Hearing:   April 29, 2014


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA
                               Ian C. Calderon, Chair

                     AB 1680 (Wilk) - As Amended:  March 11, 2014
           
          SUBJECT :   Child Performer Services Permit.

           SUMMARY  :   Requires a person with a valid Child Performer  
          Services Permit (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.  

           EXISTING LAW  : 

          1)Requires persons representing artists who are minors, under 18  
            years of age, to obtain a Permit from the Labor Commissioner  
            (LC).

          2)Requires the LC to collect a filing fee and requires  
            applicants to submit their fingerprints along with the fee for  
            the Permit and 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.

          3)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.

          4)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.

          5)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  








                                                                  AB 1680
                                                                  Page  2

            provisions or if the licensee has ceased to be of good moral  
            character.

          6)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 of Need for Legislation  :  According to  
            information supplied by the author, "The entertainment  
            industry 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.  Currently, individuals in the  
            entertainment industry wishing to perform specified services  
            for a minor must first obtain a Permit, thanks to AB 1660  
            (Campos), Chapter 634, Statutes of 2012.  The Permit process  
            includes a background check which aims to ensure the safety of  
            children in the entertainment industry.  Professionals  
            required to obtain Permits include photographers, acting  
            coaches, and managers, among others.

            Anne Henry and Paula Dorn, founders of Bizparentz, the  
            original sponsors of AB 1660 (Campos), stated at the time that  
            bill was introduced that legislation was needed because of the  
            little-spoken-of issue of pedophiles operating in Hollywood.   
            They only learned of this after photographs of their  
            child-actor sons were sold for a large sum of money on eBay.   
            Bizparentz explained that the entertainment industry is  
            unique, "Because our children are working in an adult world,  
            there are instances that might be considered unusual 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."  

            According to the author's office, this bill would add a layer  
            of protection for child actors beyond AB 1660, by setting  
            valid Permit holders apart from potentially dangerous,  








                                                                  AB 1680
                                                                  Page  3

            unpermitted impostors by requiring anyone who is already  
            required by law to obtain a Child Performer Services Permit to  
            display their Permit number on any industry advertisements.   
            Listing the Permit number also helps parents ensure their  
            children's safety in the entertainment industry. 

           2)Recent Amendments  :  Earlier versions of this bill contained a  
            provision to require operators of Internet Web Sites to  
            confirm the validity of a potential advertiser's Permit prior  
            to allowing the posting of an advertisement.  The author has  
            removed this provision in recognition of the difficulty for  
            Web Site operators to verify the content of ads placed online.  


            The author also removed the express requirement that "casting"  
            advertising must contain a valid Permit number. This amendment  
            will allow casting directors to enjoy their current exemption  
            from AB 1660 when they behave as the arm of, or in concert  
            with, planned and ongoing productions and still require the  
            Permit registration for those casting companies which  
            advertise open casting calls and showcase events for which the  
            actor must pay to be a participant.

           3)Prior Related Legislation  :  AB 1660 (Campos), Chapter 634,  
            Statutes of 2012, required persons representing artists, as  
            specified, who are minors under 18 years of age, to obtain a  
            Permit from the LC.  Applicants must also pay a filing fee and  
            submit their fingerprints for a background check by the DOJ to  
            determine if they are eligible for the Permit.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file

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










                                                                  AB 1680
                                                                  Page  4