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 








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