BILL ANALYSIS
AB 2072
Page 1
Date of Hearing: April 19, 2006
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Paul Koretz, Chair
AB 2072 (Montanez) - As Amended: April 17, 2006
SUBJECT : Representation of minors.
SUMMARY : Requires persons who represent or provide specified
services to artists who are minors to submit his or her
fingerprints and an additional fee to the Labor Commissioner
(LC) to permit screening of the individual to determine if he or
she is a registered sex offender. Specifically, this bill :
1)Requires persons who represent or provide specified services
to any artist who minors to submit his or her fingerprints to
the LC and pay a filing fee of twenty-five dollars ($25) to be
paid to the LC at the time the fingerprints are filed. The
filing fee shall be in addition to any other required fees.
2)States that this bill shall not apply to any person licensed
as a talent agent, or operating under a talent agent's license
under current law.
3)Requires the LC to forward the name of the applicant to the
California Department of Justice (DOJ), to inquire whether the
applicant is required to register as a sex offender and is
subject to public notification. Upon receipt, the LC shall in
a timely manner send a copy of the search results to the
applicant and keep a copy of the results along with the
applicant's fingerprints and application on file. This bill
also requires the applicant to post the results of the search
in a conspicuous place in his or her place of business.
4)Defines "represent", in addition to other defined terms, to
mean a person receives a fee from an artist for one or more of
the following services, including, but not limited to:
a) Photography, including but not limited to still
photography, digital photography, 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.
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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) Publicist, marketing or promotional services.
1)States that a person who willfully violates any provision of
this bill is guilty of a misdemeanor and that each violation
is punishable by imprisonment in the county jail for not more
than one year or by a fine not to exceeding ten thousand
dollars ($10,000), or by both fine and imprisonment.
EXISTING LAW
1)Requires that persons or corporations that act as talent
agencies pay a filing fee and obtain a license to represent
artists who are minors from the Labor Commissioner.
2)Requires that applicants for the license provide their
business history and financial information along with
fingerprints and affidavits from personal references, also
requires talent agencies to post a bond with the LC before the
license may be issued.
3)Provides that licenses may not be granted to agencies that
would endanger the health, safety, or welfare of the artists
that are represented and provides that the LC 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.
FISCAL EFFECT : Unknown
COMMENTS : Currently, sex offender registrants whose sex crime
was against a victim under age 16 are prohibited by law from
working, as an employee or volunteer, with minors, if the
registrant would be working with minors directly and in an
unaccompanied setting on more than incidental or occasional
basis or would have supervisory or disciplinary power over the
child. If the registrant's crime was not against a victim under
age 16, the registrant must notify the employer or volunteer
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organization of his status as a registrant. Penal Code 290.95
states that failure to comply with this law is a misdemeanor
offense.
The author states that pedophiles and child molesters have a
profile of questionable behavior, which accompanies their day to
day life. Some of those characteristics include, collecting
exploitive child photos, working in environments where they have
access to children and befriending families and friends of the
children to gain their trust. Although not all people who have
these characteristics are pedophiles, many of the tactics used
by pedophiles can be disguised through certain types of
professions. The entertainment industry is a prime profession
because it is a common practice for children to be in the
company of adults who are not their parents, have photos taken
by strangers in order to obtain work, and befriend adults who
can aid in their professional growth. Child predators can
easily work as professional photographers or managers and use
their job to lure unassuming children and parents to trust them.
The author also states that even if a pedophile does not
physically harm a child, abusive behavior can still exist in the
form of marketing images of children to individuals who could
harm them. Although the majority of child modeling and acting
agencies are legitimate, there are still loopholes within the
regulation that make it very easy for a predator to gain access
to children under false pretense.
Supporters feel that it is imperative to put these safeguards in
place to deter sex offenders from representing child performers.
The industry support people who often surround young performers
find it all too easy to disguise their backgrounds and the risks
are too great to allow this to continue.
REGISTERED SUPPORT / OPPOSITION :
Support
A Minor Consideration
American Federation of Television and Radio Artists
Los Angeles County District Attorney's Office
Screen Actors Guild
AB 2072
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Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091