BILL NUMBER: AB 2072	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Montanez

                        FEBRUARY 16, 2006

   An act to add Section 1700.42 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2072, as introduced, Montanez  Representation of minors.
   Existing law requires that persons or corporations that act as
talent agencies pay a filing fee and obtain a license from the Labor
Commissioner. Existing law also requires that applicants for the
license provide their business history and financial information
along with fingerprints and affidavits from personal references.
Talent agencies are also required to post a bond with the
Commissioner before a license is issued. Licenses may not be granted
to agencies that would endanger the health, safety, or welfare of the
artists represented. Existing law also provides that the
Commissioner 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.
   In addition to the requirements above, this bill would require any
person who represents artists who are minors to submit his or her
fingerprints and an additional fee to the Commissioner to permit
screening of that individual to determine if he or she is a
registered sex offender. No person who is identified as a sex
offender under this procedure would be permitted to represent artists
who are minors.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1700.42 is added to the Labor Code, to read:
   1700.42.  (a) No person shall represent any artist who is a minor
without first submitting his or her fingerprints to the Commissioner.
A filing fee of twenty-five dollars ($25) shall be paid to the
Commissioner at the time the fingerprint is filed. This amount shall
be in addition to any filing fees required pursuant to this chapter.

   The Commissioner shall search the list of names of registrants
pursuant to Sections 290 to 294, inclusive, of the Penal Code (Megan'
s Law) for the name of any person who registers to represent any
minor artist, and notwithstanding the licensing requirements for
talent agents provided in this chapter and Chapter 4.5 (commencing
with Section 1701), no person who is required to be registered under
the provisions of Sections 290 to 294, inclusive, of the Penal Code
may be licensed as a talent agent or represent any artist who is a
minor.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Artist" or "artists" means persons who seek to become or are
actors or actresses rendering services on the legitimate stage or in
the production of motion pictures, radio artists, musical artists,
musical organizations, directors of legitimate stage, motion picture,
and radio productions, musical directors, writers, cinematographers,
composers, lyricists, arrangers, models, extras, and other artists
or persons rendering professional services in motion picture,
theatrical, radio, television, and other entertainment enterprises.
   (2) "Fee" means any money or other valuable consideration paid or
promised to be paid by or for an artist for services rendered or to
be rendered by any person conducting the business of representing
artists as defined this section.
   (3) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.
   (4) "Represent" means a person receives a fee from an artist for
one or more of the following services, including, but not limited to:

   (A) Procuring, offering, promising, or attempting to procure
employment, engagements, or auditions for the artist.
   (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.