BILL ANALYSIS
AB 2072
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ASSEMBLY THIRD READING
AB 2072 (Montanez)
As Amended May 26, 2006
Majority vote
LABOR & EMPLOYMENT 7-0 APPROPRIATIONS
(vote not available)
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|Ayes:|Koretz, Chan, Chu, | | |
| |Houston, Klehs, Laird, | | |
| |Leno | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires persons who represent or provide specified
services to artists who are minors to submit an application 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 are minors to submit an application to the LC and
pay a filing fee of $25 to be paid to the LC at the time the
applications 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. 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 who 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
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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;
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; and,
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.
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 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 LC.
2)Requires that applicants for the license provide their business
history and financial information along with fingerprints and
affidavits from personal references. 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 : According to the Assembly Appropriations Committee
analysis, the most recent amendments reduce DLSE costs to
one-time, less than $200,000. In addition, this bill would result
in DOJ fee revenue of between $25,000 and $200,000 in the first
year, and less than $5,000 annually thereafter.
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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 organization of his status as a
registrant. Penal Code Section 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.
Analysis Prepared by : Lorie Erickson / L. & E. / (916) 319-2091
FN: 0014655
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