BILL NUMBER: AB 1660 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
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.
This bill would prohibit 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. 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 required to register as a sex offender, as specified, the
commissioner shall issue a 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 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 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 his or her
fingerprints and related information required by the Department of
Justice, as specified. The bill would require the 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 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 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. CHILD PERFORMER SERVICES PERMITS
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, but not to exceed
fifty dollars ($50). 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 (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 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 electronically submit to the
Department of Justice fingerprint images and the related information
described in paragraph (1).
(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 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. 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.
(e) 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.
(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.
(g) (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) 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 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 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.
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.