BILL ANALYSIS �
AB 1680
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian C. Calderon, Chair
AB 1680 (Wilk) - As Amended: March 11, 2014
SUBJECT : Child Performer Services Permit.
SUMMARY : Requires a person with a valid Child Performer
Services Permit (Permit) to include the permit number on
advertising in print or electronic media, including, but not
limited to, Internet Web sites, or in any other medium of
advertising.
EXISTING LAW :
1)Requires persons representing artists who are minors, under 18
years of age, to obtain a Permit from the Labor Commissioner
(LC).
2)Requires the LC to collect a filing fee and requires
applicants to submit their fingerprints along with the fee for
the Permit 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)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.
4)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.
5)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
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provisions or if the licensee has ceased to be of good moral
character.
6)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 of Need for Legislation : According to
information supplied by the author, "The entertainment
industry 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. Currently, individuals in the
entertainment industry wishing to perform specified services
for a minor must first obtain a Permit, thanks to AB 1660
(Campos), Chapter 634, Statutes of 2012. The Permit process
includes a background check which aims to ensure the safety of
children in the entertainment industry. Professionals
required to obtain Permits include photographers, acting
coaches, and managers, among others.
Anne Henry and Paula Dorn, founders of Bizparentz, the
original sponsors of AB 1660 (Campos), stated at the time that
bill was introduced that legislation was needed because of the
little-spoken-of issue of pedophiles operating in Hollywood.
They only learned of this after photographs of their
child-actor sons were sold for a large sum of money on eBay.
Bizparentz explained that the entertainment industry is
unique, "Because our children are working in an adult world,
there are instances that might be considered unusual 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."
According to the author's office, this bill would add a layer
of protection for child actors beyond AB 1660, by setting
valid Permit holders apart from potentially dangerous,
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unpermitted impostors by requiring anyone who is already
required by law to obtain a Child Performer Services Permit to
display their Permit number on any industry advertisements.
Listing the Permit number also helps parents ensure their
children's safety in the entertainment industry.
2)Recent Amendments : Earlier versions of this bill contained a
provision to require operators of Internet Web Sites to
confirm the validity of a potential advertiser's Permit prior
to allowing the posting of an advertisement. The author has
removed this provision in recognition of the difficulty for
Web Site operators to verify the content of ads placed online.
The author also removed the express requirement that "casting"
advertising must contain a valid Permit number. This amendment
will allow casting directors to enjoy their current exemption
from AB 1660 when they behave as the arm of, or in concert
with, planned and ongoing productions and still require the
Permit registration for those casting companies which
advertise open casting calls and showcase events for which the
actor must pay to be a participant.
3)Prior Related Legislation : AB 1660 (Campos), Chapter 634,
Statutes of 2012, required persons representing artists, as
specified, who are minors under 18 years of age, to obtain a
Permit from the LC. Applicants must also pay a filing fee and
submit their fingerprints for a background check by the DOJ to
determine if they are eligible for the Permit.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450
AB 1680
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