BILL ANALYSIS �
AB 1660
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 1660 (Campos) - As Introduced: February 14, 2012
SUBJECT : Representation of minors; permits.
SUMMARY : Prohibits a person who is subject to specified
exceptions from representing or providing services to artists
that are under the age of 16 unless he or she submits to the
Labor Commissioner (LC) an application for a Minor's
Representation Permit (Permit) and has received the Permit.
Specifically, this bill :
1)States that no person shall represent any artists, who are
minors under the age of 16, without first submitting an
application to the LC for a Minor's Representation Permit
(Permit) and in receipt of that Permit from the LC, as
specified.
2)Requires the LC to set a filing fee to be paid by the
applicant when the application for the Permit is filed in
addition to two sets of fingerprints and further requires the
LC to forward the name of each applicant with his or her
fingerprint card to the Department of Justice (DOJ) for DOJ to
determine if the applicant is subject to public notification
on an Internet Website as a sex offender before the LC can
issue the Permit.
3)Prohibits a person is identified as a sex offender, as
specified, from being permitted to represent or provide
certain services to artists who are minors, as defined.
4)Creates the Minor's Representation Permit Fund in the State
Treasury where the LC shall deposit all filing fees from the
Permit applications to pay for the costs of the administration
of the Permit program, as specified.
EXISTING LAW :
1)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.
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2)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.
3)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.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's statement, existing law
only applies to licensed talent agents, where it requires that
applicants for the license provide their business history and
financial information along with fingerprints and affidavits
from personal references. This bill would extend similar
requirements to others who also work with children in
entertainment.
This bill would require any person who represents artists who
are minors and whose job requires them to be unsupervised with
children, to submit his or her name and a fee to the Labor
Commissioner to permit screening of that individual to determine
if he or she is a registered sex offender. No person who is
identified as a sex offender under this procedure would be
permitted to represent artists who are minors. It would exclude
licensed talent agents, who are already subject to regulation
under the Talent Agents Act, (Labor Code section 1700), and
studio teachers, who are subject to the rigorous Teacher
Credentialing Standards of the Education Code.
The author further states, that this protection is needed
because Hollywood is a unique environment. The entertainment
industry can be a prime profession for pedophiles and child
molesters because 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. Child predators can
easily work as professional photographers, managers or talent
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agents and use their job to lure unassuming children and parents
to trust them.
According to the author, recent news reports reveal the concerns
about pedophiles in the entertainment industry are not just
Hollywood sensationalism. The author points out that, two
managers in the industry were arrested at the end of 2011 for
child-abuse related offenses.
Finally, the author states, that although the majority of child
managers, modeling and acting agencies are legitimate, there are
still loopholes within the law that make it too easy for a
predator to gain access to children under false pretenses.
Supporters of this bill concur with the authors statements and
believe this bill is necessary for the greater protection of
child performers.
This bill is similar to AB 2072 (Montanez) of 2006 which passed
the Assembly with bipartisan support but was held on suspense in
Senate Appropriations Committee.
The bill is double-referred to Arts, Entertainment, Sports,
Internet media Committee upon passage out of Labor Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
A Minor Consideration
Ardrey Group LLC
BizParentz Foundation
Brilliant Talent Management
Hollywood Mom Blog
Leonian Pictures
PORAC
Pafundi Law Firm
Numerous Individuals
Opposition
None on file.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091
AB 1660
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