Today's Law As Amended


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AB-2072 Representation of minors.(2005-2006)



As Amends the Law Today


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 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 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.
(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.