BILL ANALYSIS �
AB 1660
Page 1
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 |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Ammiano, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
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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
FN: 0003867