BILL NUMBER: AB 1660 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2012
INTRODUCED BY Assembly Member Campos
FEBRUARY 14, 2012
An act to add Chapter 5 (commencing with Section 1706) to Part 6
of Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, as amended, Campos. Representation of minors: permits.
Existing law requires that persons or corporations that act as
talent agencies pay a filing fee and obtain a license from the Labor
Commissioner. Existing law also requires that applicants for
the license provide their business history and financial information
along with fingerprints and affidavits from personal references.
Talent agencies are also required to post a bond with the
commissioner before a license is issued. Licenses may not be granted
to agencies that would endanger the health, safety, or welfare of the
artists represented. Existing law also provides that the
commissioner 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.
This bill would prohibit a person, subject to specified
exceptions except a person licensed as a talent agent
and other specified persons , from representing or providing
specified services to artists who are minors, under 16
18 years of age, unless he or she submits to the
Labor Commissioner an application for a Minor's
Representation Child Performer Services Permit
and receives that permit. The bill would require the Labor
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 that the applicant is not subject to public
notification on an Internet Web site required to
register as a sex offender, as specified, the commissioner
shall issue a Minor's Representation Child
Performer Services Permit to the applicant. The bill would
require the applicant to renew the permit on a biennial basis, as
specified.
The bill would create the Minor's Representation
Child Performer Services Permit 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. The
bill would authorize the Labor Commissioner, on a one-time basis, to
borrow and repay up to $250,000 from the Labor Enforcement and
Compliance Fund to the Minor's Representation
Child Performer Services Permit Fund for startup costs related
to the above-described permit program.
This bill would also require each person required to submit the
above-described application to submit to the commissioner
two sets of his or her fingerprints and
related informatio n required by the Department of Justice
, as specified. The bill would require the
commissioner to forward the name of each applicant and his or her
fingerprint card to the Department of Justice. The bill would require
the department to provide the commissioner with information about
any person matching that name and fingerprints for whom information
may be available to the public on an Internet Web site by virtue of
the person's status as a sex offender Labor
Commissioner to electronically submit to the Department of Justice
fingerprint images and the related information. The bill would
require the Department of Justice to use the fingerprint images and
information to provide the Labor Commissioner with both
state and federal criminal history information , as specified.
The
The bill would require 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.
The bill would prohibit 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 identified as a sex offender subject to public
disclosure on the Internet required to register as a
sex offender, as specified, from being permitted to represent
or provide specified services to artists who are minors.
The bill would provide for penalties for persons who violate its
provisions, enforceable by persons injured, and by specified public
entities authorized by the bill to seek remedies that include
misdemeanor criminal penalties. It would provide that its provisions
do not excuse compliance with other laws, and that its remedies are
not exclusive.
By providing for criminal penalties, 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. Chapter 5 (commencing with Section 1706) is added to
Part 6 of Division 2 of the Labor Code, to read:
CHAPTER 5. MINOR'S REPRESENTATION
CHILD PERFORMER SERVICES PERMITS
1706. (a) (1) No person shall represent or provide specified
services to any artist who is a minor, under 16
18 years of age, without first submitting an application
to the Labor Commissioner for a Minor's Representation
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, but not to exceed
fifty dollars ($50). This amount shall be in addition to any
filing fees required pursuant to this part charge
imposed by the Labor Commissioner pursuant to paragraph (3) of
subdivision (c) .
(3) (A) The Labor Commissioner shall issue a Minor's
Representation 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 subject to public
notification on an Internet Web site in accordance with Section
290.46 required to register pursuant to Sections 290
to 290.006, inclusive, of the Penal Code.
(B) After receiving his or her first Minor's
Representation 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 . Subdivision (c) shall not apply with
respect to permit renewals and determining from the
subse quent 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) This Except for subdivision (e) and
Sections 1706.1 to 1706.5, inclusive, when applied to a violation of
subdivision (e), 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 also
submit to the Labor Commissioner two sets of his
or her fingerprints and related information required by the
Department of Justice 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) The Labor Commissioner shall
forward the name of each person submitting an application
pursuant to paragraph (1) of subdivision (a) and his or her
fingerprints to the Department of Justice
electronically submit to the Department of Justice fingerprint images
and the related information described in paragraph (1) .
(3) (A) Upon receiving the name and fingerprints of an applicant,
the Department of Justice shall provide the Labor Commissioner with
information on any person matching that name and fingerprints for
whom information may be available to the public on an Internet Web
site as provided in Section 290.46 of the Penal Code, to the extent
the information may be disclosed pursuant to that section.
(B) 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.
(C) (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.
(D) 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 may 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 determined by the Department of
Justice to be sufficient to cover the costs incurred by the
department in providing the services described in
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 and , fingerprints
, and other information described in paragraph (1) . This fee
shall be available to the Department of Justice for the purposes
described in this subparagraph (A),
upon appropriation by the Legislature.
(4) Upon receipt of information from the Department of Justice
provided pursuant to paragraph (3)
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. The person shall post this
information received from the commissioner in a conspicuous place in
his or her place of business.
(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.
(d)
(e) No person , including a person described in
subdivision (b), who is subject to public notification
on an Internet Web site in accordance with Section 290.46
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.
(e)
(f) For purposes of this section, the following terms
have the following meanings:
(1) "Artist" or "artists" means persons who seek to become or are
actors or actresses rendering services on the legitimate stage or in
the production of motion pictures, radio artists, musical artists,
musical organizations, directors of legitimate stage, motion picture,
and radio productions, musical directors, writers, cinematographers,
composers, lyricists, arrangers, models, extras, and other artists
or persons rendering professional services in motion picture,
theatrical, radio, television, advertising, including print
advertising, and other entertainment enterprises.
(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 for a fee one or more of the following services:
(A) Photography, including still photography, digital photography,
and video and film services provided directly to the artist.
(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, or teaching of acting, singing,
dance, voice, or similar instruction services.
(f) (1) The
(g) (1) The
Labor Commissioner shall deposit all filing fees described in
subdivision (a) into the Minor's Representation
Child Performer Services Permit Fund, which is hereby
created in the State Treasury. The funds deposited in the
Minor's Representation 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 Minor's Representation
Child Performer Services Permit program and to repay any loan
from the Labor Enforcement and Compliance Fund made pursuant to
paragraph (2).
(2) The Labor Commissioner is authorized on a one-time basis to
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 Minor's
Representation Child Performer Services Permit
Fund to cover the one-time startup costs related to the
Minor's Representation Child Performer Services
Permit program. The loan shall be repaid to the Labor Enforcement and
Compliance Fund as soon as sufficient funds exist in the
Minor's Representation Child Performer Services
Permit Fund to repay the loan without compromising the operations of
the permit program.
1706.1. A person who willfully violates any provision of this
chapter is guilty of a misdemeanor. Each violation is punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail for not more than one year, or by both that fine and
imprisonment.
1706.2. The Attorney General, any district attorney, or any city
attorney may institute an action for a violation of this chapter,
including an action to restrain and enjoin a violation.
1706.3. A person who is injured by any violation of this chapter
may bring an action to recover damages or to restrain and enjoin a
violation, or both. The amount of damages that may be awarded for a
violation of this chapter is up to three times the damages actually
incurred. A final judgment may be satisfied from the bond or deposit
maintained by the Labor Commissioner, if any. A person bringing an
action under this chapter who prevails shall be awarded reasonable
attorney's fees and costs. The court may award punitive damages in
addition to any other amounts if it determines, by clear and
convincing evidence, that the violation of this chapter was willful.
1706.4. The provisions of this chapter are not exclusive and do
not relieve any person subject to this chapter from the duty to
comply with all other laws.
1706.5. The remedies provided in this chapter are not exclusive
and are in addition to any other remedies or procedures provided in
any other law.
SEC. 2. If any provision of this act or the application thereof to
any person or circumstances is held to be unconstitutional in a
reported opinion of a court of competent jurisdiction, the remainder
of the act and the application of that provision to other persons and
circumstances shall not be affected.
SEC. 3. 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.