BILL NUMBER: AB 2072 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Montanez
FEBRUARY 16, 2006
An act to add 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 subject to specified exceptions, who
represents or provides specified services to artists who are minors
, under 16 years of age, to submit 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' Representatives
1702. (a) No person shall represent or provide specified services
to any artist who is a minor , under 16 years of age,
without first submitting 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 application is filed. This
amount shall be in addition to any filing fees required pursuant to
this part. Thereafter, on a biennial basis, the person shall
renew the application by resubmitting his or her name and a new
filing fee to the Commissioner.
(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.
(b) This chapter does not apply to the following:
(1) 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.
(2) Any 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.
(3) Any 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) The commissioner shall forward the name of each person
submitting 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 application, and shall keep a copy of
the information 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, 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
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.