BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
2072 (Montanez)
Hearing Date: 8/17/06 Amended: 6/26/06
Consultant: Nora Lynn Policy Vote: Labor & IR 5-0
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BILL SUMMARY:
AB 2072 generally prohibits those identified as sex offenders
subject to public disclosure on the Department of Justice's
(DOJ's) Megan's Law website from representing or providing
services to minors under the age of 16 in the entertainment
industry, with specified exceptions.
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Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Fee revenue ($19-$100) ($38-200) ($38-$200)General
Screening, administration $220 $435
$435General
Enforcement $200 $400 $400 General
Misdemeanor Likely minor increase in
nonreimbursableLocal
costs offset by fine revenues
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STAFF COMMENTS: SUSPENSE FILE
AB 2072 requires those representing minors younger than 16 years
of age to submit an application and $25 fee to the Department of
Industrial Relations' Division of Labor Standards' Enforcement
(DLSE) every two years in order to screen the individuals to
determine if they are Megan's Law registrants. Licensed talent
agents, those who work with children who must by law be
accompanied by their parents or guardians, or those who have
only incidental contact with children are exempted. Willful
violation of these requirements is a misdemeanor, punishable by
up to a $10,000 fine, up to a year in county jail, or both.
Additionally, AB 2072 authorizes a person injured by a violation
of these requirements to recover up to three times the damages
incurred, to restrain or enjoin a violation, or both.
DLSE has used census data to estimate as many as 12,015
businesses in California provide services that are involved in
the production, promotion or participation in live performances.
The division further identified 2,532 agents, managers for
artists, athletes, and other public figures. It's not known how
many of this number are already licensed as talent agents and
would therefore be exempted from this measure's requirements, or
would otherwise not be required to apply to DLSE under this
bill, but using these numbers, the division estimates a volume
of potential applicants ranging from 5,000 to 20,000.
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AB 2072 (Montanez)
Of the $25 fee AB 2072 authorizes, DOJ would charge DLSE $5-$10
per Megan's Law search conducted, leaving DLSE a net fee revenue
of $75,000-$400,000 every two years to administer the screening
program - answer calls and attend meetings in DLSE field
offices, forward applications to DOJ, maintain files and follow
up on more complicated cases. While applications are filed every
two years, DLSE projects a significant and ongoing workload that
will require between four and six full-time staff to process
applications and field questions. Enforcement would require an
additional three positions and OE&E.
STAFF NOTES the bill does not specify to where the application
funds are to be deposited or from where administration costs are
to be paid. The committee may wish to consider an alternate
location than the General Fund for these monies.