BILL NUMBER: AB 2072 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Montanez
FEBRUARY 16, 2006
An act to add Section 1700.42 to Chapter 5
(commencing with Section 1702) to Part 6 of Division 2 of 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.
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 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
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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
REPRESENTATIVES
1702. (a) No person shall represent or provide specified services
to any artist who is a minor without first submitting his
or her fingerprints an application to represent minors
to the Commissioner. A filing fee of twenty-five dollars ($25)
shall be paid to the Commissioner at the time the
fingerprint application is filed. This amount
shall be in addition to any filing fees required pursuant to this
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 an application 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
application , 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.
(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 by this section.
(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 for a fee one or more of the following services:
(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 Internet
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 unconstitutional 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.