Bill Text: CA AB1680 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child Performer Services Permit.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-21 - Chaptered by Secretary of State - Chapter 232, Statutes of 2014. [AB1680 Detail]
Download: California-2013-AB1680-Chaptered.html
BILL NUMBER: AB 1680 CHAPTERED
BILL TEXT
CHAPTER 232
FILED WITH SECRETARY OF STATE AUGUST 21, 2014
APPROVED BY GOVERNOR AUGUST 21, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY MARCH 11, 2014
AMENDED IN ASSEMBLY MARCH 6, 2014
INTRODUCED BY Assembly Members Wilk and Maienschein
FEBRUARY 12, 2014
An act to amend Section 1706 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1680, Wilk. Child Performer Services Permit.
Existing law prohibits 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. Existing law requires 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. Existing law provides
for penalties for persons who violate these provisions, enforceable
by persons injured, and by specified public entities authorized to
seek remedies that include misdemeanor criminal penalties.
This bill would require any person with a valid Child Performer
Services Permit to include the permit number on advertising in print
or electronic media, including, but not limited to, Internet Web
sites, or on any other medium of advertising. By imposing new
requirements on permit recipients, and thereby changing the
definition of a crime, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1706 of the Labor Code is amended to read:
1706. (a) (1) No person shall represent or provide specified
services to any artist who is a minor, under 18 years of age, without
first submitting an application to the Labor Commissioner for a
Child Performer Services Permit and receiving that permit.
(2) The Labor Commissioner shall set forth a filing fee, to be
paid by the applicant to the commissioner at the time the application
is filed, in an amount sufficient to reimburse the Labor
Commissioner for the costs of the permit program. This amount shall
be in addition to any charge imposed by the Labor Commissioner
pursuant to paragraph (3) of subdivision (c).
(3) (A) The Labor Commissioner shall issue a Child Performer
Services Permit to the applicant after he or she has received the
application and filing fee and determined from information provided
by the Department of Justice that the person is not required to
register pursuant to Sections 290 to 290.006, inclusive, of the Penal
Code.
(B) After receiving his or her first Child Performer Services
Permit, a person shall on a biennial basis renew his or her
application by resubmitting his or her name and a new filing fee to
the Labor Commissioner in the amount set forth by the Labor
Commissioner pursuant to paragraph (2). The Labor Commissioner shall
issue a renewed permit to the person after receiving his or her
application and filing fee and determining from the subsequent arrest
notification provided by the Department of Justice pursuant to
subparagraph (D) of paragraph (2) of subdivision (c) that the person
is not required to register pursuant to Sections 290 to 290.006,
inclusive, of the Penal Code. A person shall not be required to
resubmit his or her fingerprints in order to renew his or her permit.
(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
inclusive, when applied to a violation of subdivision (f), this
chapter does not apply to the following:
(1) A person licensed as a talent agent as specified in Chapter 4
(commencing with Section 1700), or operating under the license of a
talent agent.
(2) A studio teacher certified by the Labor Commissioner as
defined in Section 11755 of Title 8 of the California Code of
Regulations.
(3) A person whose contact with minor children is restricted to
locations where, either by law or regulation, the minor must be
accompanied at all times by a parent or guardian, and the parent or
guardian must be within sight or sound of the minor.
(4) A person who has only incidental and occasional contact with
minor children, unless the person works directly with minor children,
has supervision or disciplinary power over minor children, or
receives a fee.
(c) (1) Each person required to submit an application to the Labor
Commissioner pursuant to paragraph (1) of subdivision (a) shall
provide to the Department of Justice electronic fingerprint images
and related information required by the department of all permit
applicants, for the purposes of obtaining information as to the
existence and content of a record of state or federal arrests and
convictions, including arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.
(2) (A) When received, the Department of Justice shall forward the
fingerprint images and related information described in paragraph
(1) to the Federal Bureau of Investigation and request a federal
summary for criminal history information.
(B) (i) The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the Labor Commissioner.
(ii) The Department of Justice's response shall provide both state
and federal criminal history information pursuant to paragraph (1)
of subdivision (p) of Section 11105 of the Penal Code.
(C) The Labor Commissioner shall request from the Department of
Justice subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code, for each person who submitted
fingerprint images and the related information pursuant to paragraph
(1).
(3) (A) The Department of Justice shall charge the Labor
Commissioner a fee sufficient to cover the cost of processing the
request described in paragraph (2).
(B) In addition to the filing fee paid by the applicant pursuant
to subdivision (a) to reimburse the Labor Commissioner for the costs
of the permit program, the Labor Commissioner may charge the
applicant a fee sufficient to cover the costs of the fee imposed by
the Department of Justice pursuant to subparagraph (A). The amount of
the fee imposed pursuant to this subparagraph shall be forwarded by
the Labor Commissioner to the Department of Justice with the
applicant's name, fingerprints, and other information described in
paragraph (1). This fee shall be available to the Department of
Justice for the purposes described in subparagraph (A), upon
appropriation by the Legislature.
(4) Upon receipt of information from the Department of Justice
provided pursuant to subparagraphs (C) and (D) of paragraph (2), the
commissioner shall timely cause a copy of the information to be sent
to the person who has submitted the application, and shall keep a
copy of the information and application on file.
(d) The Labor Commissioner shall maintain a list of all persons
holding a valid Child Performer Services Permit issued under this
chapter and make this list publicly available on its Internet Web
site.
(e) (1) Upon receipt of a valid Child Performer Services Permit,
the recipient shall post the permit in a conspicuous place in his or
her place of business.
(2) Any person who is a recipient of a valid Child Performer
Services Permit shall 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.
(f) No person, including a person described in subdivision (b),
who is required to register pursuant to Sections 290 to 290.006,
inclusive, of the Penal Code may represent or provide specified
services to any artist who is a minor.
(g) For purposes of this section, the following terms have the
following meanings:
(1) "Artist" means a person who is or seeks to become an actor,
actress, model, extra, radio artist, musical artist, musical
organization, director, musical director, writer, cinematographer,
composer, lyricist, arranger, or other person rendering professional
services in motion picture, theatrical, radio, television, Internet,
print media, or other entertainment enterprises or technologies.
(2) Except as used in the context of a fee an applicant is
required to pay with his or her application, "fee" means any money or
other valuable consideration paid or promised to be paid by an
artist, by an individual on behalf of an artist, or by a corporation
formed on behalf of an artist for services rendered or to be rendered
by any person conducting the business of representing artists.
(3) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.
(4) To "represent or provide specified services to" means to
provide, offer to provide, or advertise or represent as providing,
for a fee one or more of the following services:
(A) Photography for use as an artist, including, but not limited
to, still photography, digital photography, and video and film
services.
(B) Managing or directing the development or advancement of the
artist's career as an artist.
(C) Career counseling, career consulting, vocational guidance,
aptitude testing, evaluation, or planning, in each case relating to
the preparation of the artist for employment as an artist.
(D) Public relations services or publicity, or both, including
arranging personal appearances, developing and distributing press
packets, managing fan mail, designing and maintaining Internet Web
sites, and consulting on media relations.
(E) Instruction, evaluation, lessons, coaching, seminars,
workshops, or similar training as an artist, including, but not
limited to, acting, singing, dance, voice, or similar instruction
services.
(F) A camp for artists, which includes, but is not limited to, a
day camp or overnight camp in which any portion of the camp includes
any services described in subparagraphs (A) to (E), inclusive.
(h) (1) The Labor Commissioner shall deposit all filing fees
described in subdivision (a) into the Child Performer Services Permit
Fund, which is hereby created in the State Treasury. The funds
deposited in the Child Performer Services Permit Fund shall be
available to the Labor Commissioner, upon appropriation by the
Legislature, to pay for the costs of administration of the Child
Performer Services Permit program and to repay any loan from the
Labor Enforcement and Compliance Fund made pursuant to paragraph (2).
(2) Until June 30, 2013, the Labor Commissioner may, on a one-time
basis, borrow up to two hundred fifty thousand dollars ($250,000)
from the Labor Enforcement and Compliance Fund, as established by
subdivision (e) of Section 62.5, for deposit in the Child Performer
Services Permit Fund to cover the one-time startup costs related to
the Child Performer Services Permit program. The loan shall be repaid
to the Labor Enforcement and Compliance Fund, or any successor fund,
as soon as sufficient funds exist in the Child Performer Services
Permit Fund to repay the loan without compromising the operations of
the permit program.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
