BILL ANALYSIS �
AB 1660
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1660 (Campos)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |78-0 |(May 30, 2012) |SENATE: |36-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: L. & E.
SUMMARY : Requires persons representing artists who are minors,
under 18 years of age, to obtain a Child Performer Services
Permit (Permit) from the Labor Commissioner (LC).
The Senate amendments :
1)Provide for a one-time loan of $250,000 from the Labor
Enforcement and Compliance Fund to cover start-up costs.
2)Strike out the $50.00 cap on the permit fee and allow the fee
to be a sufficient amount to ensure the LC recovers its costs.
3)Clarify the application of private right of action.
4)State the fingerprints shall be submitted electronically to
the LC and the Permit shall be posted in a conspicuous
location at the place of business, additionally the amendments
are clarifying.
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
AB 1660
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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.
AS PASSED BY THE ASSEMBLY ,
1)Stated 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)Required 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
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)Prohibited 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)Provided 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)Created the Child Performers Services Permit Fund (CPSP 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would cost up to $250,000 in 2012-13 and
2013-14 from the CPSP Fund to the LC for temporary staff needed
to process initial permit applications. There will be unknown
fee revenue annually, beginning 2013-14. Costs of up to
$180,000 annually thereafter from CPSP biennial renewal and
offsetting fee revenue. One time loan of $250,000 from the
AB 1660
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Labor Enforcement and Compliance Fund for startup costs.
Finally, all costs to the LC and the Department of Justice for
background checks would be offset by processing fees.
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
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: 0005172