BILL ANALYSIS Ó
Senate Committee on Labor and Industrial Relations
Senator Ben Hueso, Chair
Date of Hearing: June 11, 2014 2013-2014 Regular
Session
Consultant: Alma Perez-Schwab Fiscal:Yes
Urgency: No
Bill No: AB 1680
Author: Wilk
As Introduced/Amended: March 11, 2014
SUBJECT
Child Performer Services Permit
KEY ISSUE
Should the Legislature require individual's holding a valid
Child Performer Services Permit to include the permit number on
print and electronic advertisements?
ANALYSIS
Existing law requires a wide range of professionals working with
artists or performers who are under 18 years of age to undergo a
criminal background check and obtain a Child Performer Services
permit from the Department of Industrial Relations' Labor
Commissioner's (LC) Office. (Labor Code §1706)
Existing law specifically :
1) Requires the LC to collect a filing fee and fingerprints
from the applicant to be forwarded to the Department of
Justice (DOJ) for verification that the individual is not
required to register as a sex offender before the permit is
issued.
2) Requires a permit holder to, on a biennial basis, renew
his or her application with the LC and pay a new filing fee
before a renewed permit is issued.
3) For persons or corporations acting as talent agencies,
requires that they pay a filing fee, provide their business
history and financial information along with fingerprints
and affidavits from personal references in order to obtain
a license to represent minors.
4) 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 provisions or if the licensee has ceased to be of
good moral character.
Under existing law , anyone continuing to provide the specified
services to child performers and artists without the required
permit may be subject to a significant fine (up to $10,000)
and/or a prison sentence. (Labor Code §1706.1)
Existing law additionally requires that the Labor Commissioner
maintain a list of all persons holding a valid Child Performer
Services Permit issued and make this list publicly available on
its Internet Web site. Also, upon receipt of a valid Child
Performer Services Permit, recipients are required to post the
permit in a conspicuous place in his/her place of business.
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.
COMMENTS
1. Need for this bill?
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. Existing law requires
individuals in the entertainment industry wishing to perform
specified services for a minor to first obtain a Child
Hearing Date: June 11, 2014 AB 1680
Consultant: Alma Perez-Schwab Page 2
Senate Committee on Labor and Industrial Relations
Performer Services Permit. 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. Permit holders must renew their
permits every two years.
This bill would add to the existing protections, the
requirement that individuals holding a valid Child Performer
Services Permit display their permit number on any industry
advertisement whether in print or electronic.
2. Proponent Arguments :
According to the author, this bill would add an additional
layer of protection for child actors by setting valid Permit
holders apart from potentially dangerous, 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.
Additionally, the author states that talent agents, a related
profession, are required to display their license numbers on
advertisements, a practice that has helped actors distinguish
authentic professionals and a practice that the author
believes should be applied to the Child Performer Services
Permit holders as well.
3. Opponent Arguments :
None received.
4. Prior Legislation :
AB 1660(Campos) of 2012: Chaptered
This bill enacted the existing protections requiring persons
representing artists who are minors, under 18 years of age, to
obtain a Child Performer Services Permit from the Labor
Commissioner. Applicants must also pay a filing fee and
Hearing Date: June 11, 2014 AB 1680
Consultant: Alma Perez-Schwab Page 3
Senate Committee on Labor and Industrial Relations
submit their fingerprints for a background check by the DOJ to
determine if they are eligible for the permit.
SUPPORT
None received
OPPOSITION
None received
Hearing Date: June 11, 2014 AB 1680
Consultant: Alma Perez-Schwab Page 4
Senate Committee on Labor and Industrial Relations