Bill Text: CA AB1319 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Talent services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 286, Statutes of 2009. [AB1319 Detail]

Download: California-2009-AB1319-Introduced.html

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BILL NUMBER: AB 1319	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Krekorian
   (Coauthor: Assembly Member Davis)

                        FEBRUARY 27, 2009

   An act to repeal and add Chapter 4.5 (commencing with Section
1701) of Part 6 of Division 2 of the Labor Code, relating to talent
services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1319, as introduced, Krekorian. Talent services.
   Existing law regulates the licensing and operation of talent
services within the entertainment industry. These provisions govern
the making and canceling of contracts, fees to be charged for
services, records to be maintained by talent services, bonding
requirements, and remedies for violations of these provisions, a
violation of which constitutes a crime.
   This bill would prohibit talent services from providing or
offering to provide, in exchange for an advance fee, employment, an
audition, career management or development, or the procurement of an
agent. This bill would also impose additional disclosure and contract
requirements for other forms of advance-fee services.
   Because this bill would impose new restrictions on advance-fee
talent services, the violation of which would be a crime, it 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds that there exist in connection
with a substantial number of contracts for advance-fee talent
services, sales practices and business and financing methods which
have worked a fraud, deceit, imposition, and financial hardship upon
the people of this state, particularly upon children and other
minors; that existing legal remedies are inadequate to correct these
abuses; that the advance-fee talent industry has a significant impact
upon the economy and well-being of this state and its local
communities; and that the provisions of this act relating to these
are necessary for the public welfare.
   The Legislature declares that the purpose of this act is to
safeguard the public against fraud, deceit, imposition, and financial
hardship, and to foster and encourage competition, fair dealing, and
prosperity in the field of advance-fee talent services by
prohibiting or restricting false or misleading advertising and other
unfair, dishonest, deceptive, destructive, unscrupulous, and
fraudulent business practices by which the public has been injured in
connection with advance-fee talent services.
   Nothing in this act is intended to prohibit talent training
services, talent counseling services, and talent listing services
from conducting business provided they comply with the provisions and
prohibitions set forth in this act.
  SEC. 2.  Chapter 4.5 (commencing with Section 1701) of Part 6 of
Division 2 of the Labor Code is repealed.
  SEC. 3.  Chapter 4.5 (commencing with Section 1701) is added to
Part 6 of Division 2 of the Labor Code, to read:
      CHAPTER 4.5.  ADVANCE-FEE TALENT SERVICES



      Article 1.  Definitions


   1701.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Advance fee" means any money or other valuable consideration
paid or promised to be paid by or on behalf of an artist for services
rendered or to be rendered by any person conducting business under
this chapter. "Advance fee" does not include the following:
   (1) A commission for employment earned as an artist.
   (2) (A) Reimbursements for out-of-pocket costs actually incurred
by the payee on behalf of the artist for services rendered or goods
provided to the artist by an independent third party if all of the
following conditions are met:
   (i) The payee has no direct or indirect financial interest in the
third party.
   (ii) The payee does not accept any referral fee or other
consideration for referring the artist.
   (iii) The services rendered or goods provided for the
out-of-pocket costs are not, and are not represented to be, a
condition for the payee to register or list the artist with the
payee.
   (iv) The payee maintains adequate records to establish that the
amount to be reimbursed was actually advanced or owed to a third
party and that the third party is not a person with whom the payee
has a direct or indirect financial interest or from whom the payee
receives any consideration for referring the artist. To satisfy this
condition, the payee shall maintain the records for at least three
years and make them available for inspection and copying within 24
hours of a written request by the Labor Commissioner, the Attorney
General, a district attorney, a city attorney, or a state or local
enforcement agency.
   (B) A person asserting a defense based upon this paragraph has the
burden of producing evidence to support the defense.
   (b) "Artist" means a person who is or seeks to become an actor,
actress, model, extra, radio artist, musical artist, musical
organization, director, musical director, writer, cinematographer,
composer, lyricist, arranger, or other person rendering professional
services in motion picture, theatrical, radio, television, Internet,
print media, or other entertainment enterprises.
   (c) "Audition" means a meeting, which may include a performance,
for the purpose of obtaining a current or future employment
opportunity, whether compensated or not, before any person, including
a producer, director, casting director, or associate thereof, who
has or is represented to have input into the decision to select an
artist for the employment opportunity.
   (d) "Person" means an individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.
   (e) "Talent counseling service" means a person that, for an
advance fee from or on behalf of an artist, offers to provide,
promises to provide, represents it will provide, represents it will
make a referral to another person who will provide, attempts to
provide, or provides the artist with career counseling, career
consulting, vocational guidance, aptitude testing, career evaluation,
or career planning as an artist.
   (f) "Talent listing service" means a person who, for an advance
fee from or on behalf of an artist, provides or offers to provide the
artist with any of the following:
   (1) A list of one or more auditions or employment opportunities.
   (2) A list of talent agents or talent managers, including an
associate thereof.
   (3) A service that matches the artist with one or more auditions
or employment opportunities.
   (4) A service that matches the artist with a talent agents or
talent manager, including an associate thereof.
   (5) A service that distributes the name, photograph, Internet Web
site, filmstrip, videotape, audition tape, demonstration reel,
resume, portfolio, or other reproduction or promotional material of
the artist to a talent agent or talent manager, or an associate
thereof, or to a person represented as offering an audition or
employment opportunity.
   (6) A service that searches, or provides the artist with the
ability to perform a self-directed search of, any database for an
audition or employment opportunity, or a database of talent agents or
talent managers, or an associate thereof.
   (g) "Talent scout" means an individual employed, appointed, or
authorized by a talent training service, talent counseling service,
or talent listing service, who solicits or attempts to solicit an
artist for the purpose of becoming a client of the service. The
principals of a service are themselves talent scouts if they solicit
on behalf of the service.
   (h) "Talent service" means a talent counseling service, a talent
listing service, or a talent training service.
   (i) "Talent training service" means a person who, for an advance
fee from or on behalf of an artist, provides or offers to provide the
artist with lessons, coaching, seminars, workshops, or similar
training.
   1701.1.  This chapter does not apply to the following:
   (a) A public educational institution.
   (b) (1) A private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and satisfies either of the
following:
   (A) The institution conforms to the requirements of Article 5
(commencing with Section 33190) of Chapter 2 of Part 20 of Division 2
of Title 2 of the Education Code.
   (B) More than 90 percent of the students to whom instruction,
training, or education is provided during any semester or other term
of instruction have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance.
   (2) A person claiming exemption under this subparagraph shall
maintain adequate records to establish the age of its students,
including the name, date of birth, principal residence address,
principal telephone number, driver's license number and state of
issuance thereof, and dates of attendance, and shall make them
available for inspection and copying within 24 hours of a written
request by the Labor Commissioner, the Attorney General, a district
attorney, a city attorney, or a state or local law enforcement
agency.
   (3) A person claiming an exemption under this subdivision has the
burden of producing evidence to establish the exemption.
   (c) A psychologist or psychological corporation, licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, that provides psychological
assessment, career or occupational counseling, or consultation and
related professional services within the scope of its practice.
   (d) An educational psychologist, licensed pursuant to Article 1
(commencing with Section 4980) of Chapter 13 of Division 2 of the
Business and Professions Code, who provides counseling services
within the scope of his or her practice.
   (e) A nonprofit corporation, organized to achieve economic
adjustment and civic betterment, give vocational guidance, including
employment counseling services, and assist in the placement of its
members or others, if all of the following conditions exist:
   (1) None of the corporation's directors, officers, or employees
receive any compensation other than a nominal salary for services
performed for the corporation.
   (2) The corporation does not charge a fee for its services,
although it may request a voluntary contribution.
   (3) The corporation uses any membership dues or fees solely for
maintenance.
   (f) A nonprofit corporation, formed in good faith for the
promotion and advancement of the general professional interests of
its members, that maintains a placement service principally engaged
to secure employment for its members with the state or a county,
city, district, or other public agency under contracts providing
employment for one year or longer, or with a nonprofit corporation
exempted by subdivision (e).
   (g) A labor organization, as defined in Section 1117.
   (h) A newspaper, bona fide newsletter, magazine, trade or
professional journal, or other publication of general circulation,
that has as its main purpose the dissemination of news, reports,
trade or professional information, or information not intended to
assist in locating, securing, or procuring employment or assignments
for others.
   (i) An Internet provider that has as its main purpose the
dissemination of news, reports, trade or professional information, or
information not intended to assist in locating, securing, or
procuring employment or assignments for others.
   (j) An Internet Web site host that has no input into the content
or design of a Web site, and has as its main purpose the
dissemination of news, reports, trade or professional information, or
information not intended to assist in locating, securing, or
procuring employment or assignments for others.
   (k) An advance-fee talent listing service, if all of the following
apply:
   (1) A majority interest in the service is owned by one or more
colleges or universities, or alumni associations affiliated
therewith, and each of the colleges or universities is accredited by
an accrediting agency recognized by the United States Department of
Education and a member organization of the Council of Postsecondary
Accreditation.
   (2) The service provides services exclusively for artists who are
the alumni of colleges or universities specified in paragraph (1).
   (3) The service does not require, as a condition to receiving
services, an applicant to have completed courses or examinations
beyond the requirements for graduation from the applicant's college
or university specified in paragraph (1).
   (4) More than 50 percent of the annual revenues received by the
service are derived from paid subscriptions of prospective employers.

   (l) A public library.
   (m) A public institution.
   1701.2.  Compliance with this chapter does not satisfy and is not
a substitute for the requirements mandated by any other applicable
law, including the obligation to obtain a license under the Talent
Agencies Act (Chapter 4 (commencing with Section 1700)), prior to
procuring, offering, promising, or attempting to procure employment
or engagements for artists.

      Article 2.  Contract Agreement Provisions and Recordkeeping


   1701.4.  (a) Every contract and agreement between an artist and a
talent service shall be in writing, in at least 10-point type, and
contain all of the following provisions:
   (1) The name, address, and telephone number of the talent service,
the artist to whom services are to be provided, and the
representative executing the contract on behalf of the talent
service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, the duration of the contract,
and refund provisions if the described services are not provided
according to the contract.
   (3) Evidence of compliance with applicable bonding requirements,
including the bond number, if any.
   (4) The amount of any fees to be charged to or collected from, or
on behalf of, the artist receiving the services, and the date or
dates when those fees are required to be paid.
   (5) The following statements, in boldface type and in close
proximity to the artist's signature:
""(Name of talent service) IS A TALENT
COUNSELING SERVICE, TALENT LISTING SERVICE,
TALENT REPRESENTATION SERVICE, OR TALENT
TRAINING SERVICE. ONLY A TALENT AGENT LICENSED
PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY
ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING,
PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT
OR ENGAGEMENTS FOR AN       ARTIST.
                YOUR RIGHT TO CANCEL
            (enter date of transaction)
You may cancel this contract, without any
penalty or obligation, if notice of cancellation
is given, in writing, within 10 business days
from the above date.
To cancel this contract, mail or deliver a
signed and dated copy of the following
cancellation notice or any other written notice
of cancellation, or send a telegram containing a
notice of cancellation to (name of talent
service) at (address of its place of business),
NOT LATER THAN MIDNIGHT OF (date). If the
contract was executed in part or in whole
through the Internet, you may cancel the
contract by sending the notification to: (e-mail
address).
                CANCELLATION NOTICE
           I hereby cancel this contract.
      Dated:
                Artist Signature.''


   (b) Except for contracts executed over the Internet, a contract
subject to this section shall be dated and signed by the artist and
the representative executing the contract on behalf of the talent
service. In the case of a contract executed over the Internet, the
talent service shall give the artist clear and conspicuous notice of
the contract terms and provide to the artist the ability to
acknowledge receipt of the terms before acknowledging agreement
thereto. In any dispute regarding compliance with this subdivision,
the talent service shall have the burden of proving that the artist
received the terms and acknowledged agreement thereto.
   (c) If the talent service intends to list or display information
about an artist, including a photograph, on the service's Internet
Web site, or on a Web site that the service has authority to design
or alter, the contract shall contain a notice that the talent service
will remove the listing and content within 10 days of a request by
the artist or, in the case of a minor, the artist's parent or
guardian. The contract shall include a valid telephone number,
mailing address, and e-mail address for the talent service to which a
request for removal may be made.
   (d) A contract between an artist and a talent service shall be
contained in a single document that includes the elements set forth
in this section. A contract subject to this section that does not
comply with this subdivision, subdivisions (a) to (c), inclusive, and
subdivision (e) is voidable at the election of the artist.
   (e) If a contract specifies a period during which it is to remain
in force, the contract shall not be automatically renewed unless it
provides conspicuous notice that it may be automatically renewed, a
new 10-day cancellation period in accordance with paragraph (5) of
subdivision (a), and the artist's signature or initials acknowledging
these provisions.
   (f) If an artist cancels a contract by providing written notice of
cancellation in the manner specified in paragraph (5) of subdivision
(a), the talent service shall refund in full any advance fees paid
by, or on behalf of, the artist within 10 business days after
delivery of the demand to the talent service. If the contract was
executed in part or in whole through the Internet, the artist may
provide notice of cancellation through the Internet.
   (g) The talent service shall maintain the address set forth in the
contract for receipt of cancellation and for removal of an Internet
Web site or other listing, unless it furnishes the artist with
written notice of a change of address. Written notice of a change of
address may be done by e-mail if the artist designates an e-mail
address in the contract for purposes of receiving written notice.
   (h) The talent service shall advise a person inquiring about
canceling a contract to follow the written procedures for
cancellation set forth in the contract.
   (i) If services are not performed as promised or as set forth in
the contract, the talent service shall, upon demand by the artist,
refund in full all fees paid for services not rendered within 10
business days after delivery of the demand to the provider.
   (j) Before the artist signs a contract and before the artist or
any person acting on his or her behalf becomes obligated to pay or
pays any fee, the talent service shall provide a copy of the contract
to the artist for the artist to keep. If the contract was executed
through the Internet, the talent service may provide a copy of the
contract to the artist by making it available to be downloaded and
printed through the Internet.
   (k) The talent service shall maintain the original executed
contract on file at its place of business.
   1701.5.  (a) Every person engaging in the business of an
advance-fee talent service shall keep and maintain records of the
person's advance-fee talent service business. The records shall
contain all of the following:
   (1) The name and address of each artist employing that person as
an advance-fee talent service.
   (2) The amount of the advance fees paid by or for the artist
during the term of the contract with the talent service.
   (3) A record of all advertisements by the talent service,
including the date and the publication in which the advertisement
appeared, which shall be maintained for a period of three years
following publication.
   (4) Records described in clause (iv) of subparagraph (A) of
paragraph (2) of subdivision (a) of Section 1701.
   (5) Any other information that the Labor Commissioner requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by an advance-fee talent service shall be open at all
reasonable hours to inspection by the Labor Commissioner and his or
her representatives and to the representative of the Attorney
General, any district attorney, or any city attorney. Every
advance-fee talent service shall furnish to the Labor Commissioner
and to the representative of the Attorney General, any district
attorney, or any city attorney, upon request, a true copy of those
books, records, and papers, or any portion thereof, and shall make
reports as the Labor Commissioner requires.
   (c) An advance-fee talent service shall post in a conspicuous
place in its office a printed copy of this chapter and of other
statutes as may be specified by regulation of the Labor Commissioner.
Those copies shall also contain the name and address of the officer
charged with the enforcement of this chapter. The Labor Commissioner
shall furnish to the advance-fee talent service printed copies of any
statute required to be posted under this section.
   (d) An advertisement soliciting artists to perform or demonstrate
any talent for the talent service, or to appear for an interview with
the talent service, shall clearly and conspicuously state: "This is
not an audition for employment or for obtaining a talent agent or
talent management."

      Article 3.  Written Disclosure


   1701.8.  Prior to requesting any advance fee, an advance-fee
talent service shall provide an artist with written disclosure of all
of the following:
   (a) The name, address, and telephone number of the talent service,
and evidence of compliance with any applicable bonding requirements,
including the bond number, if any.
   (b) A copy of the talent service's fee schedule and payment terms.


      Article 4.  Bond Requirement and Fees


   1701.10.  (a) Prior to advertising or engaging in business, a
talent service shall file with the Labor Commissioner a bond in the
amount of ten thousand dollars ($10,000) or a deposit in lieu of the
bond pursuant to Section 995.710 of the Code of Civil Procedure. The
bond shall be executed by a corporate surety qualified to do business
in this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to ten
thousand dollars ($10,000). The bond may be terminated pursuant to
Section 995.440 of, or Article 13 (commencing with Section 996.310)
of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the talent service while acting within the scope of
that employment or agency.
   (c) The Labor Commissioner shall charge and collect a filing fee
to cover the cost of filing the bond or deposit.
   (d) The Labor Commissioner shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits.

   (e) (1) Whenever a deposit is made in lieu of the bond otherwise
required by this section, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the Labor
Commissioner of a money judgment entered by a court, together with
evidence that the claimant is a person described in subdivision (b).
   (2) When a claimant has established the claim with the Labor
Commissioner, the Labor Commissioner shall review and approve the
claim and enter the date of the approval thereon. The claim shall be
designated an approved claim.
   (3) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Labor Commissioner.
Subsequent claims that are approved by the Labor Commissioner within
the same 240-day period shall similarly not be paid until the
expiration of that 240-day period. Upon the expiration of the 240-day
period, the Labor Commissioner shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case every approved claim shall be paid a pro rata share of the
deposit.
   (4) Whenever the Labor Commissioner approves the first claim
against a particular deposit after the expiration of a 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which paragraph (3) applies with respect to any amount
remaining in the deposit.
   (5) After a deposit is exhausted, no further claims shall be paid
by the Labor Commissioner. Claimants who have had claims paid in full
or in part pursuant to paragraph (3) or (4) shall not be required to
return funds received from the deposit for the benefit of other
claimants.
   (6) Whenever a deposit has been made in lieu of a bond, the amount
of the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purposes of this chapter and that would otherwise be
returned to the assignor of the deposit by the Labor Commissioner.
   (7) The Labor Commissioner shall return a deposit two years from
the date it receives written notification from the assignor of the
deposit that the assignor has ceased to engage in the business or act
in the capacity of a talent service or has filed a bond pursuant to
subdivision (a), provided that there are no outstanding claims
against the deposit. The written notice shall include all of the
following:
   (A) The name, address, and telephone number of the assignor.
   (B) The name, address, and telephone number of the bank at which
the deposit is located.
   (C) The account number of the deposit.
   (D) A statement that the assignor is ceasing to engage in the
business or act in the capacity of a talent service or has filed a
bond with the Labor Commissioner. The Labor Commissioner shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and the anticipated date of release of
the deposit, provided that there are then no outstanding claims
against the deposit.
   (8) A superior court may order the return of the deposit prior to
the expiration of two years upon evidence satisfactory to the court
that there are no outstanding claims against the deposit, or order
the Labor Commissioner to retain the deposit for a specified period
beyond the two years to resolve outstanding claims against the
deposit.
   (9) This subdivision applies to all deposits retained by the Labor
Commissioner. The Labor Commissioner shall notify each assignor of a
deposit it retains and of the applicability of this section.
   (10) Compliance with Sections 1700.15 and 1700.16 of this code or
Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall
satisfy the requirements of this section.

      Article 5.  Prohibited Acts


   1701.11.  A person shall not provide or offer to provide any of
the following services to an artist in exchange for an advance fee
from or on behalf of the artist:
   (a) Employment or an engagement as an artist.
   (b) An audition.
   (c) Management or development of the artist's career.
   (d) Procurement of a talent agent or talent manager, including an
associate thereof.
   1701.12.  (a) A talent service, its agents, and employees shall
not do any of the following:
   (1) Make or cause to be made or published any false, fraudulent,
misleading, or deceptive advertisement or representation.
   (2) Provide an artist any false or misleading information,
representation, promise or guarantee concerning any audition,
engagement, job, or employment.
   (3) Make or cause to be made any advertisement or representation
concerning the opportunity for an artist to meet with or audition
before any producer, director, casting director, or any associate
thereof, or any other person who makes, or is represented to make,
                                               decisions for the
process of hiring artists for employment as an artist, or any talent
agent or talent manager, or any associate thereof, unless the talent
service maintains for inspection and copying written evidence of the
supporting facts, including the name, business address, and job title
of all persons conducting the meeting or audition, and the title of
the production and the name of the production company.
   (4) Make or cause to be made any advertisement or representation
that any artist, whether identified or not, has obtained an audition,
employment opportunity, or employment as an artist in whole or in
part by use of the talent service unless the talent service maintains
for inspection written evidence of the supporting facts upon which
the claim is based, including the name of the artist and the date the
contract was executed.
   (5) Charge or attempt to charge an artist for an audition or
employment opportunity.
   (6) Charge or attempt to charge an artist, directly or indirectly,
for creating or providing photographs, filmstrips, videotapes,
audition tapes, demonstration reels, or other reproductions of the
artist, Internet Web sites, casting or talent brochures, or other
promotional materials for the artist.
   (7) Refer an artist to any person who charges the artist a fee for
the services described in paragraphs (5) and (6) in which the talent
service has a direct or indirect financial interest.
   (8) Accept any compensation for referring an artist to any person
charging the artist a fee for services described in paragraphs (5)
and (6) or to a talent training service or to a talent listing
service.
   (9) Fail to remove the Internet Web site and its content of an
artist within 10 days of a request complying with the notice
requirements of this chapter by the artist, or parent of guardian of
the artist if the artist is a minor.
   (b) A talent training service and talent counseling service shall
not own, operate, or have a direct or indirect financial interest in
a talent listing service.
   (c) A talent listing service shall not do either of the following:

   (1) Own, operate, or have a direct or indirect financial interest
in a talent training service or a talent counseling service.
   (2) Provide a listing of an audition, job, or employment
opportunity without written permission for the listing. A talent
listing service shall keep and maintain a copy of all original
listings; the name, business address, and business telephone number
of the person granting permission to the talent listing service to
use the listing; and the date the permission was granted.

      Article 6.  Remedies


   1701.13.  A person, including, an officer, director, agent, or
employee of a talent service, who violates any provision of this
chapter is guilty of a misdemeanor. Each violation is punishable by
imprisonment in a county jail for not more than one year, by a fine
not exceeding ten thousand dollars ($10,000), or by both that fine
and imprisonment. However, payment of restitution to an artist shall
take precedence over the payment of a fine.
   1701.15.  The Attorney General, a district attorney, or a city
attorney may institute an action for a violation of this chapter,
including an action to restrain and enjoin a violation.
   1701.16.  A person who is injured by a violation of this chapter
or by the breach of a contract subject to this chapter may bring an
action for recovery of damages or to restrain and enjoin a violation,
or both. The amount awarded for damages for a violation of this
chapter shall be no greater than three times the damages actually
incurred and not less than the amount paid by the artist to the
service. When a service refuses or is unwilling to pay damages
awarded by a judgment that has become final, the judgment may be
satisfied from the bond or deposit maintained by the Labor
Commissioner. If a plaintiff prevails in an action under this
chapter, the plaintiff shall be awarded reasonable attorney's fees
and costs. If the court determines, by clear and convincing evidence,
that the breach of contract or violation of this chapter was
willful, the court, in its discretion, may award punitive damages in
addition to any other amounts.
   1701.17.  The provisions of this chapter are not exclusive and do
not relieve a person subject to this chapter from the duty to comply
with all other laws.
   1701.18.  The remedies provided in this chapter are not exclusive
and shall be in addition to any other remedies or procedures provided
in any other law.
   1701.19.  A waiver by an artist of the provisions of this chapter
is deemed contrary to public policy and void and unenforceable. An
attempt by a talent service to have an artist waive his or her rights
under this chapter is a violation of this chapter.
   1701.20.  If any provision of this chapter or the application
thereof to any person or circumstances is held unconstitutional, the
remainder of the chapter and the application of that provision to
other persons and circumstances shall not be affected thereby.
  SEC. 4.  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.