BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 1660 (Campos)
          As Amended  May 25, 2012
          Majority vote 

           LABOR & EMPLOYMENT       7-0    ARTS, ENTERTAINMENT, SPORTS    
          9-0                 
           
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          |Ayes:|Swanson, Morrell, Alejo,  |Ayes:|Campos, Beth Gaines,      |
          |     |Allen, Bonnie Lowenthal,  |     |Achadjian, Butler,        |
          |     |Gorell, Yamada            |     |Carter, Gatto, Mendoza,   |
          |     |                          |     |Monning, Silva            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly, Gatto,   |     |                          |
          |     |Ammiano, Hill, Lara,      |     |                          |
          |     |Mitchell, Nielsen, Norby, |     |                          |
          |     |Solorio, Wagner           |     |                          |
           ----------------------------------------------------------------- 
           
          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 and further requires the LC to forward the 
            name of each applicant with his or her fingerprint card to the 








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            Department of Justice (DOJ) to determine if the applicant is 
            required to register as a sex offender before the LC can issue 
            the Permit.

          3)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.

          4)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.

          5)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.
           
          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  :  According to the Assembly Appropriations 
          Committee requires a filing fee of $50 to be paid to the LC at 
          the time the permit application is filed.  If the Division of 
          Labor Standards Enforcement (DLSE) receives between 5,000 and 








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          20,000 initial applications in the first year, and ongoing 
          applications of less than 1,000 annually, this would result in 
          fee revenue of $250,000 and $1 million in the first year, and 
          ongoing fee revenue of less than $50,000 annually thereafter.

          DLSE will likely need additional full-time clerical staff to 
          process applications in the first year. This would result in a 
          one-time cost of $250,000, including postage and storage.  DLSE 
          will likely incur minor and absorbable on-going costs.

          This bill creates the Child Performers Services Permit Fund and 
          requires the LC to deposit all filing fees into this fund. This 
          measure also specifies moneys in this fund are to be used to pay 
          for the costs of the administration of this program.

          Authorizes the DOJ to charge the Department of Industrial 
          Relations (DIR) a fee to cover the cost of processing 
          fingerprinting and background information pursuant to this bill. 
           This would result in DOJ fee revenue likely between $25,000 and 
          $100,000 in the first year, and less than $5,000 annually 
          thereafter (assuming a $5 fee). According to DOJ, it would also 
          incur special fund personnel costs, of approximately $150,000, 
          to process these requests.

          Finally, establishes a misdemeanor for violations; local law 
          enforcement costs not state-reimbursable.

           COMMENTS  :  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 them."

          According to the author, recent news reports reveal the concerns 








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          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 author's statements and 
          believe this bill is necessary for the greater protection of 
          child performers.


           Analysis Prepared by  :  Lorie Alvarez / L. & E. / (916) 319-2091 


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