Bill Text


Add To My Favorites | print page

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

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB2072:v96#DOCUMENT

Amended  IN  Senate  June 26, 2006
Amended  IN  Assembly  May 26, 2006
Amended  IN  Assembly  April 17, 2006

CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION

Assembly Bill
No. 2072


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   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.