BILL ANALYSIS �
AB 1660
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Nora Campos, Chair
AB 1660 (Campos) - As Amended: April 23, 2012
SUBJECT : Representation of minors; permits.
SUMMARY : Prohibits a person, subject to specified exceptions,
from representing or providing services to artists that are
under the age of 18 unless he or she submits to the Labor
Commissioner (LC) an application for a Child Performers Services
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 18, without first submitting an
application to the LC for a Permit and is in receipt of that
Permit from the LC, as specified.
2)Requires the LC to set and collect a filing fee to be paid by
the applicant, and requires applicants to submit their
fingerprints along with the fee when the application for the
Permit is filed.
3)Further requires the LC to forward the name of each applicant
with his or her fingerprint card to the Department of Justice
(DOJ) to determine if the applicant is required to register as
a sex offender before the LC can issue the Permit.
4)Prohibits a person who is identified as a sex offender, as
specified, from being permitted to represent or provide
certain services to artists who are minors, as defined.
5)Provides that the LC shall maintain a list of all persons
holding a valid Permit and shall make this list publicly
available on its Internet Web site.
6)Creates the Child Performers Services 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.
AB 1660
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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.
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.
4)Prohibits any person who is required to register as a sex
offender under Penal Code Section 290 from holding a
California Teaching Credential.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement and Support :
According to the author, "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.
The author further states, "This protection is needed because
Hollywood 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. Child predators can easily work as
professional photographers, managers or talent agents and use
their job to lure unassuming children and parents to trust
AB 1660
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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 here in
California at the end of 2011 for child-abuse related
offenses.
Finally, the author states, "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.
2)Background: Recent Events and Genesis of Legislation :
a) The Unique Environment of the Entertainment Industry :
According to BizParents, the sponsors of AB 1660, the issue
of pedophiles working in the entertainment industry is not
new. They write the committee to say, "Our organization
has watched over two dozen questionable men in our industry
since 1995. They were ALL, without exception, operating
independently as photographers, publicists, acting coaches,
and managers. They do not suddenly 'rape' children, so
this isn't the issue of parents not 'watching their kid'.
Rather, the pedophile slowly 'grooms' them, gains the trust
of the family, and offers them professional advancement.
"Because the 'bad guys' are independent, there is no trade
organization, no way for parents to check them out. Anyone
can hang their shingle in these professions. Actors are a
very target rich audience, and pedophiles see the opening
in our system. They gravitate toward environments where
children exist. It's easy for them to infiltrate our
world."
The sponsors explain that the entertainment industry is
unique, "Because our children are working in an adult
world, there are instances that might be considered unusual
AB 1660
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by the public. Acting coaches are almost always seen
alone; photography for swimwear (shirtless) is expected.
Obeying direction from a total stranger (the director) is
normal. For this reason, it is tough for parents
(especially those new to the industry) to sort out what are
accepted business practices.
Anne Henry and Paula Dorn, founders of Bizparentz, state
they were forced to educate themselves on the issue of
pedophiles operating in Hollywood after photographs of
their child-actor sons were sold for a large sum of money
on eBay.
"Our children were not famous. The market for the photos
was pedophiles, we eventually learned. In investigating
that, we realized that we had some predators very, very
close to us. Things went from there and we started to get
complaints from parents. In some cases we were involved as
an organization assisting law enforcement; in some cases we
acted as liaisons to the families. When we first started
this sad journey, there were no convictions."
b) Recent Arrests of Accused Child Predators :
December 2011 brought three separate reports of alleged
child sexual abuse in the entertainment industry, according
to published reports.
"Martin Weiss, a 47-year-old Hollywood manager who
represented child actors, was charged in Los Angeles on
December 1 with sexually abusing a former client. His
accuser, who was under 12 years old during the time of the
alleged abuse, reported to authorities that Weiss told him
'what they were doing was common practice in the
entertainment industry.' Weiss has pleaded not guilty.
"On November 21, Fernando Rivas, 59, an award-winning
composer for 'Sesame Street,' was arraigned on charges of
coercing a child 'to engage in sexually explicit conduct'
in South Carolina. The Juilliard-trained composer was also
charged with production and distribution of child
pornography.
"Registered sex offender Jason James Murphy, 35, worked as
a casting agent in Hollywood for years before his past
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kidnapping and sexual abuse of a boy was revealed by the
Los Angeles Times on November 17, 2011." Recent Charges of
Sexual Abuse of Children in Hollywood Just Tip of Iceberg,
Experts Say, Meagan Murphy, December 5, 2011, FoxNews.com
c) Former Child Actors Come Forward as Victims of Sexual
Abuse :
Recently two former child stars have come out as victims of
childhood sexual abuse, and now Corey Feldman and Todd
Bridges are pushing for more oversight of child actors.
In a Los Angeles Times article, "The two are speaking
publicly about their personal experiences of being molested
while working in the entertainment industry, and trying to
help push the California Legislature to pass a bill that
would require background checks for talent managers,
photographers and others who work unsupervised with child
actors. In 2006, a similar bill failed to get enough
support to pass through the state Senate. Bridges told the
Los Angeles Times, 'Without these types of precautions
(contained in AB 1660), Hollywood will continue to attract
pedophiles with an unmonitored playing field to commit
their inhumane acts.' 'This is a very good idea,' Feldman
said. 'I think it should have been implemented years ago.'
Two Former Teen Idols Back Bill to Protect Child Actors,
Dawn C. Chmielewsk, April 18, 2012, Los Angeles Times.
3)Recent Amendments Explained :
AB 1660 was recently amended to make a number of changes.
Below are a summary of the major changes, and the author's
explanation for making them.
a) Changes the Permit name to better reflect the nature of
the permit to Child Performer Services Permit. This change
is made throughout the bill.
b) Changes the age of the minor artists covered under the
Permit from 16 to 18 years of age, to reflect the legal
definition of minor. �Labor Code Section 1706 (a).]
c) Changes the Penal Code section reference of registered
sex offenders from the list of sex offenders which are
required to be posted on the internet, (Penal Code Section
AB 1660
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290.46), to the list in Penal Code Sections 290 - 290.006.
This change is made in order to screen for a more
comprehensive list of persons required to register as sex
offenders. �Labor Code Sections 1706 (a) (3)(A) and (B);
1706(b), et seq.]
d) Redrafts the fingerprint collection and criminal
background search language per the DOJ, to conform to their
existing standard background check practices. Also
clarifies the ability of the LC to collect fees from
applicants and remit the costs of this service to the DOJ.
�Labor Code Section 1706 (c).]
e) Requires the LC to maintain a list of valid permit
holders and post it on their Internet Website. This change
is to provide notice to potential clients that a service
provider has a valid permit prior to engaging their
services, such as signing up for an acting camp. �Labor
Code Section 1706 (d).]
f) Clarifies that no one who is a registered sex offender
may provide the services covered under the bill to child
performers, even though talent agents, studio teachers, and
other defined persons are given exceptions from the
requirement to get the Permit. This change is consistent
with existing law. �Labor Code Section 1706 (e).]
g) Adds performers who work in "advertising, including
print advertising" to the protected group of artists. This
definition is consistent with existing law. �Labor Code
Section 1706 (f) (1).]
h) Adds "instruction, evaluation, or teaching of acting,
singing, dance voice, or similar services," to the covered
professions who perform child performer services. This
change reflects current trends in the industry for
performer's training services. �Labor Code Section 1706
(2) (E).]
4)Exceptions to the Permit Requirement :
This measure contains four express exceptions from the
requirement of a person having to obtain a Permit. They are:
a) A person licensed as a talent agent as specified in
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Chapter 4 (commencing with Labor Code Section 1700), or
operating under the license of a talent agent.
The Talent Agents Act (TAA) of the California Labor Code
provides that applicants for a Talent Agency license must
provide their business history and financial information
along with fingerprints and affidavits from personal
references before the LC may issue a license. The TAA
further provides that licenses may not be granted to
agencies that would endanger the health, safety, or welfare
of the artists that are represented and authorizes the LC
to 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. (Labor Code Section 1700, et seq.)
b) A studio teacher certified by the LC as defined in
Section 11755 of Title 8 of the California Code of
Regulations.
Current law requires that all studio teachers must be
credentialed in the state of California �Title 8 of
California Code of Regulations (CCR) 11755]. No teacher
may hold a credential if they are convicted of any crime
which requires them to register as a sex offender
(Education Code Section 44424). In addition, any teacher
charged with such an offense is subject to a mandatory
leave of absence and may not return to the classroom until
the charges have been cleared. (Education Code Section
44940)
c) 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.
Under Title 8 of CCR 11757, a parent or guardian must be
present with and accompany any minor under 16 years of age
while on a set or location. This exception essentially
provides that those persons who come in contact with minors
while at work on a lot or set, such as hair dressers,
make-up, costume, production assistants, etc., need not
obtain a Permit.
d) A person who has only incidental and occasional contact
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with minor children, unless the person works directly with
minor children, has supervision or disciplinary power over
minor children, or receives a fee.
This provision is consistent with existing law which limits
the professions and voluntary activities of registered sex
offenders in Penal Code Section 290.95. This language
allows for normal and transient contact between persons
which occurs in the regular course of business, but takes
into account those situations where a person may have some
authority or sway over the minor child.
5)Prior Related Legislation :
AB 2072 (Montanez) of the 2005-06 Legislative Session, was a
substantially similar measure which passed the Assembly with
bipartisan support but was held on the Suspense File in Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
BizParentz (Sponsors)
Brilliant Talent Management
Hollywood Mom Blog
Leonian Pictures
PORAC
Pafundi Law Firm
Stage Moms Network
84 Private Citizens
Opposition
None known
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450