BILL NUMBER: AB 2072	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2006

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 amended, 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 
 This  bill would require any person  other than a
talent agent or person operating under the license of a talent agent
 who represents  or provides specified services to 
artists who are minors to submit his or her fingerprints and 
an additional   a specified  fee to the
Commissioner to permit screening of that individual to determine if
he or she is a registered sex offender  subject to public
disclosure on the Internet  . No person who is identified as a
sex offender  subject to public disclosure on the  
Internet  under this procedure would be 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
remedi   es 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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.   
  SECTION 1.    Chapter 5 (commencing with Section 1702) is
added to Part 6 of Division 2 of the Labor Code, to read: 
      CHAPTER 5.   MINORS' REPRESENATIVES 

    1702.   (a) No person shall represent  or provide
specified services to  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
  part.  
   (b) This chapter does not apply to any person licensed as a talent
agent as specified in Chapter 4 (commencing with Section 1700), or
operating under the license of a talent agent.   
   (c) The Commissioner shall forward the name and fingerprints of
each person submitting fingerprints pursuant to subdivision (a) to
the Department of Justice, and shall inquire whether the person is
required to register as a sex offender and whether he or she is
subject to public notification. The Department of Justice, which may
establish a fee for this service, shall respond to the Commissioner
with information on any person as to whom information may be
available to the public on an Internet Web site as provided in
Section 290.46 of the Penal Code, to the extent the information may
be disclosed pursuant to that section. Upon receipt, the Commissioner
shall timely cause a copy of this information to be sent to the
person who has submitted the fingerprints, and shall keep a copy of
the information along with the person's fingerprints and application
on file. The person shall post this information received from the
Commissioner in a conspicuous place in his or her place of business.

    (d)     No person who is subject to public
notification on an Internet Web site in accordance with Section
290.46 of the Penal Code may represent or provide specified services
to  any artist who is a minor.  
   (b) 
    (e)  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

    (4)     To "represent or provide specified
services to" means to provide for a fee  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.  
   (A) Photography, including still photography, digital photography,
and video and film services provided directly to 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.
    (D)     Public relations services or
publicity, or both, including arranging personal appearances,
developing and distributing press packets, managing fan mail,
designing and maintaining Web sites, and consulting on media
relations.  
   1702.1.  A person who willfully violates any provision of this
chapter is guilty of a misdemeanor. Each violation is punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail for not more than one year, or by both that fine and
imprisonment.  
   1702.2.  The Attorney General, any district attorney, or any city
attorney may institute an action for a violation of this chapter,
including an action to restrain and enjoin a violation.  
   1702.3.  A person who is injured by any violation of this chapter
may bring an action to recover damages or to restrain and enjoin a
violation, or both. The amount of damages that may be awarded for a
violation of this chapter is up to three times the damages actually
incurred. A final judgment may be satisfied from the bond or deposit
maintained by the Labor Commissioner, if any. A person bringing an
action under this chapter who prevails shall be awarded reasonable
attorney's fees and costs. The court may award punitive damages in
addition to any other amounts if it determines, by clear and
convincing evidence, that the violation of this chapter was willful.
 
   1702.4.  The provisions of this chapter are not exclusive and do
not relieve any person subject to this chapter from the duty to
comply with all other laws.  
   1702.5.  The remedies provided in this chapter are not exclusive
and are in addition to any other remedies or procedures provided in
any other law. 
   SEC. 2.    If any provision of this act or the
application thereof to any person or circumstances is held to be un
  constitutional in a reported opinion of a court of
competent jurisdiction, the remainder of the act and the application
of that provision to other persons and circumstances shall not be
affected. 
   SEC. 3.    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.