Thanks in large part to to Anne Henry and Paula Dorn of the BizParentz Foundation, Governor Brown is signing Assembly Bill 1660!
How the law works currently: Existing law merely requires that persons or corporations that act as talent agencies pay a filing fee and obtain a license from the Labor Commissioner.
Why this Bill is important: This bill would prohibit a person, except a person licensed as a talent agent and other specified persons, from representing or providing specified services to artists who are minors, under 18 years of age, unless he or she submits to the Labor Commissioner an application for a Child Performer Services Permit and receives that permit. The bill would require the Labor Commissioner to set forth a filing fee to be paid by the applicant to the commissioner at the time the application for the permit is filed. Upon receiving the application and filing fee and determining from the below-described information provided by the Department of Justice that the applicant is not required to register as a sex offender, as specified, the commissioner shall issue a Child Performer Services Permit to the applicant. The bill would require the applicant to renew the permit on a biennial basis, as specified.
The bill would create the Child Performer Services Permit Fund into which would be deposited the above-described filing fee. Upon appropriation by the Legislature, the proceeds from the fund would be used to pay the costs of the above-described permit program. The bill would authorize the Labor Commissioner, until June 30, 2013, on a one-time basis, to borrow and repay up to $250,000 from the Labor Enforcement and Compliance Fund to the Child Performer Services Permit Fund for startup costs related to the above-described permit program.
This bill would also require each person required to submit the above-described application to provide electronic fingerprint images and related information required by the Department of Justice, as specified. The bill would require the Labor Commissioner to electronically submit to the Department of Justice fingerprint images and the related information. The bill would require the Department of Justice to use the fingerprint images and information to provide the Labor Commissioner with both state and federal criminal history information, as specified.
The bill would require the Labor Commissioner to maintain a list of all persons holding a valid Child Performer Services Permit issued under the above-described provisions and make this list publicly available on its Internet Web site.
The bill would prohibit a person, including a person who is licensed as a talent agent and any other person who is exempt from the above-described permit requirement, who is required to register as a sex offender, as specified, from being permitted to represent or provide specified services to artists who are minors.
The bill would provide for penalties for persons who violate its provisions, enforceable by persons injured, and by specified public entities authorized by the bill to seek remedies that include misdemeanor criminal penalties. It would provide that its provisions do not excuse compliance with other laws, and that its remedies are not exclusive.
By providing for criminal penalties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.