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

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-Amended.html

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BILL NUMBER: AB 1319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Krekorian
   (  Coauthor:   Assembly Member 
 Davis   Coauthors:   Assembly Members
  Davis   and Ma  )

                        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 amended, 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   a
person  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 
 engaging, as specified, in an advance-fee talent representation
service, as defined  . This bill would also impose additional
disclosure and contract requirements for  other forms of
advance-fee services   a talent service, as defined. The
bill would make a violation of its provisions punishable as a
misdemeanor and subject to a civil action  .
   Because  this   the  bill would 
impose new restrictions on advance-fee talent services, the
violation of which would be   make additional conduct
 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   FEE-RELATED
 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) 
    (a)  "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  or technologies  . 
   (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.  
   (b) "Audition" means any activity for the purpose of obtaining
employment, compensated or not, as an artist whereby an artist meets
with, interviews or performs before, or displays his or her talent
before, any person, including a producer, a director, or a casting
director, or an associate, representative, or designee of a producer,
director, or casting director, who has, or is represented to have,
input into the decision to select an artist for an employment
opportunity. An "audition" may be in-person or through electronic
means, live or recorded, and may include a performance or other
display of the artist's promotional materials.  
   (c)  "Employment opportunity" means the opportunity to obtain work
as an artist, whether compensated or not.  
   (d) "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. "Fee" does not include the following:  
   (1) A fee calculated as a percentage of the income earned by the
artist for his or her employment 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, kickback, 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.  
   (d) 
    (e)  "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:  
   (f) "Talent counseling service" means a person that is not
otherwise the talent manager of any artist and who, for a fee from,
or on behalf of, an artist, provides or offers to provide, holds
itself out as providing, or represents it will make a referral to
another person who will provide, an artist with career counseling,
career consulting, vocational guidance, aptitude testing, career
evaluation, or career planning as an artist.  
   (g) "Talent listing service" means a person that, for a fee from,
or on behalf of, an artist, provides or offers to provide, holds
itself out as providing, or represents it will make a referral to
another person who will provide, an 
   (1) A list of one or more auditions or employment opportunities.
   (2) A list of talent agents or talent managers, including an
associate  , representative, or designee  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 
    (3)     A search, or providing the artist
with the ability  to perform a self-directed  search of,
  search, of  any database for an audition or
employment opportunity, or a database of talent agents or talent
managers, or an associate  , representative, or designee 
thereof. 
   (4) Storage or maintenance for distribution or disclosure to a
person represented as offering an audition or employment opportunity,
or to a talent agent, talent manager, or an associate,
representative, or designee of a talent agent or talent manager, of
either of the following: (A) an artist's name, photograph, Internet
Web site, filmstrip, videotape, audition tape, demonstration reel,
resume, portfolio, or other reproduction or promotional material of
the artist or (B) an artist's schedule of availability for an
audition or employment opportunity.  
   (g) 
    (h)  "Talent scout" means an individual employed,
appointed,  or authorized by a talent training service,
talent counseling service, or talent listing   , or
authorized by a talent  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) 
    (i)  "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.  
   (j) "Talent training service" means a person that, for a fee from,
or on behalf of, an artist, provides or offers to provide, holds
itself out as providing, or represents it will make a referral to
another person who will provide, an artist with lessons, coaching,
seminars, workshops, or similar training as an artist. 

      Article 2.   Advance-Fee Talent Representation Service

 
   1702.  No person shall own, operate, or act in the capacity of an
advance-fee talent representation service or advertise, solicit for,
or knowingly refer a person to, an advance-fee talent representation
service.  
   1702.1.  (a) "Advance-fee talent representation service" means a
person that, for a fee received from, or on behalf of, an artist,
provides, holds itself out as providing, offers to provide, or
represents it will make a referral to another person who will
provide, an artist with any of the following services:
   (1) Procuring or attempting to procure an employment opportunity
or an engagement as an artist.
   (2) Procuring or attempting to procure an audition for an artist.
   (3) Managing or directing the development of an artist's career.
   (4) Procuring or attempting to procure a talent agent or talent
manager, including an associate, representative, or designee of a
talent agent or talent manager.
   (b) "Advance-fee talent representation service" also means a
person that charges an artist a fee for any other product or service
in order for the artist to obtain any of the services described in
paragraphs (1) to (4), inclusive, of subdivision (a).  
   1702.3.  A person who violates Section 1702 is subject to the
provisions of Article 4 (commencing with Section 1704). 
    1702.4.   This article does not apply to the
following:  
   (a) A public educational institution.  
   (e) 
    (b)  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) 
    (c)  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)   (b)
 . 
   (g) 
    (d)  A labor organization, as defined in Section 1117.

   (h) 
    (e)  A newspaper, bona fide newsletter, magazine, trade
or professional journal, or other publication of general circulation,
 whether in print or on the Internet,  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.  
   (f) A public institution.  

      Article 2.  Contract Agreement Provisions and Recordkeeping



      Article 3.   Other Talent Services 


    1701.4.   1703.   (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,  and  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  name of the bonding company and the  bond
number, if any  , and a statement that a bond in the amount of
fifty thousand dollars ($50,000) must be posted with the Labor
Commissioner  .
   (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,    
OR 
 TALENT REPRESENTATION SERVICE, OR TALENT 
 TRAINING SERVICE. ONLY A TALENT AGENT LICENSED 
 TALENT TRAINING SERVICE (whichever is 
 applicable). THIS IS NOT A TALENT AGENCY 
 CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT 
 PURSUAN  T  T  O SECTION 1700.5
OF THE LABOR CODE MAY  ENGAGE
  ENGAGE  IN THE OCCUPATION OF PROCURING,
OFFERING,   
PROMISING, OR       ATTEMPTING TO PROCURE
EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST.       
(Name 
 of talent service) IS PROHIBITED BY LAW FROM 
 OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR 
 EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH 
TRAINING, COUNSELING, OR LISTING INFORMATION 
 (whichever is applicable). FOR MORE INFORMATION, 
 CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 
 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. 
                 YOUR RIGHT TO CANCEL 
            (enter date of transaction)
 You may cancel this contract and obtain a full 
 refund, without any penalty or obligation, if 
 notice of cancellation is given, in writing, 
 within 10 business days from the above date even 
 if services have been provided to you. 
To cancel this contract, mail or deliver  a     
 or   send
  by facsimile transmission a  signed and dated
 copy of the
following 
c opy of the following c  ancellation notice or any
 other written
notice 
of cancellation, or send a telegram containing a 
 other written  notice of cancellation to (name of 
talent
  talent  service) at (address of its place of
 business), 
 business),  NOT LATER THAN MIDNIGHT OF (date). If 
the
  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.'' 
     Artist Signature.If you cancel, all fees you 
     have paid must be refunded to you within 10 
   business days after delivery of the cancellation 
           notice to the talent service.'' 


   (6) A statement conspicuously disclosing whether the artist may or
may not obtain a refund after the 10-day cancellation period
described in paragraph (5) has expired. 
   (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   offers
 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  talent  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)   comply with
subdivisions (a) to (f), inclusive,  is voidable at the election
of the artist  and may be canceled by the artist at any time
without any penalty or obligation  . 
   (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.  
   (e) (1) An artist may cancel a contract for talent services within
10 business days of the date he or she executed the contract by
mailing, delivering, or sending by facsimile transmission to the
talent service, a signed and dated copy of the cancellation notice or
any other written notice of cancellation, or by sending a notice
                                          of cancellation via the
Internet if the contract was executed in part or in whole through the
Internet. A talent service shall refund all fees paid by, or on
behalf of, an artist within 10 business days after delivery of the
cancellation notice.  
   (2) Unless a talent service conspicuously discloses in the
contract that cancellation is prohibited after the 10-day
cancellation period described in paragraph (1), an artist may cancel
a contract for talent services at any time after the 10-day
cancellation period by mailing, delivering, or sending by facsimile
transmission to the talent service a signed and dated copy of the
cancellation notice or any other written notice of cancellation, or
by sending a notice of cancellation via the Internet if the contract
was executed in part or in whole through the Internet. Within 10
business days after delivery of the cancellation notice, the talent
service shall refund to the artist on a pro rata basis all fees paid
by, or on behalf of, the artist.  
   (f) A contract between an artist and a talent service shall not be
renewed automatically. 
   (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) 
    (i)  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) 
    (j)  The talent service shall maintain the original
executed contract on file at its place of business.
    1701.5.   1703.1.   (a) Every person
engaging in the business of  an advance-fee   a
 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.   talent service business, including the
following:  
   (1) The name and address of each artist contracting with the
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) 
    (3)  Records described in clause (iv) of subparagraph
(A) of paragraph (2) of subdivision  (a)   (d)
 of Section 1701. 
   (4) Records described in paragraph (1) of subdivision (b) of
Section 1703.6.  
   (5) Records described in subdivision (j) of Section 1703. 

   (6) Records described in paragraph (1) of subdivision (a) of
Section 1703.4.  
   (7) Records described in paragraph (2) of subdivision (a) of
Section 1703.4.  
   (8) Records described in paragraph (2) of subdivision (c) of
Section 1703.4.  
   (9) The name, address, date of birth, social security number,
federal tax identification number, and driver's license number and
state of issuance thereof, of the owner of the talent service and of
the corporate officers of the talent service, if it is owned by a
corporation.  
   (10) The legal name, principal residence address, date of birth,
and driver's license number and state of issuance thereof, of every
talent scout and the name each talent scout uses while soliciting
artists.  
   (5) 
    (11)  Any other information that the Labor Commissioner
requires.
   (b) All books, records, and other papers kept pursuant to this
chapter by  an advance-fee   a  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   for inspection during
the hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday,
  inclusive, except legal holidays, by a peace officer or a
representative from the Labor Commissioner, 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   , a law enforcement officer, 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) 
    1703.2.  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.   1703.3.   (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)   fifty thousand dollars ($50,000)
 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)   fifty thousand dollars ($50,000)
 . 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   injured
 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) 
    (d)  (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  injury resulting from an unlawful
act, omission, or failure to provide the services of the talent
service or 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.   1703.4.   (a) A talent
service, its  owners, directors, officers,  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) 
    (1)  Make or cause to be made any advertisement or
representation  concerning   expressly or
impliedly offering  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
 , representative, or designee  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) 
    (2)  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) 
    (3)  Charge or attempt to charge an artist for an
audition or employment opportunity. 
   (6) Charge or attempt to charge an artist, directly or indirectly,

    (4)     Require an artist, as a condition
for using the talent service or for obtaining an additional benefit
or preferential treatment from the talent service, to pay a fee 
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.  
   (5) Charge or attempt to charge an artist any fee not disclosed
pursuant to paragraph (4) of subdivision (a) of Section 1703. 

   (6) Refer an artist to a person who charges the artist a fee for
any service or any product in which the talent service, its owners,
directors, officers, agents, or employees have a direct or indirect
financial interest, unless the fee and the financial interest are
conspicuously disclosed in a separate writing provided to the artist
to keep prior to his or her execution of the contract with the talent
service.  
   (7) Require an artist, as a condition for using a talent service
or for obtaining any additional benefit or preferential treatment
from the talent service, to pay a fee to any other talent service in
which the talent service, its owners, directors, officers, agents, or
employees have a direct or indirect financial interest. 
   (8) Accept any compensation  or other consideration  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.  
charging the artist a fee. 
   (9) Fail to remove  the   an artist's 
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   within
10 days of delivery of a request made by telephone, mail, facsimile
transmission, or electronic mail from the artist or from a parent or
guardian of  the artist if the artist is a minor.
   (b) A talent training service and talent counseling service 
and the owners, officers, directors, agents, and employees of the
talent training service or 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  and its owners officers,
directors, agents, and employees  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. 
   1703.5.  No talent scout shall use the same name as used by any
other talent scout soliciting for the same talent service, and no
talent service shall permit a talent scout to use the same name as
used by any other talent scout soliciting for the talent service.
 
   1703.6.  This article does not apply to any of the following:
   (a) An entity described in subdivisions (a), (b), (d), (e), and
(f) of Section 1702.4.
   (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. 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.
   (2) 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 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.

   (f) A public library. 

      Article  6.   4.   Remedies


    1701.13.   1704.   A person, including,
an  owner,  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.   1704.1.   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.   1704.2.   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 court shall
award to a plaintiff who prevails in an action under this chapter
reasonable attorney's fees and costs. If the court determines by
clear and convincing evidence that the breach of contract or
violation was willful, the court may award punitive damages in
addition to any other amounts awarded to the plaintiff.  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.   chapter shall be not less than three times
the amount paid by the artist, or on behalf of the artist, to the
talent service or the advance-fee talent representation service.
 
   1704.3.  The Labor Commissioner shall use the proceeds of a bond
or deposit posted by a person pursuant to this chapter to satisfy a
judgment or restitution order resulting from the person's violation
of a provision of this chapter, if the person fails to pay all
amounts required by the judgment or restitution order. 

      Article 5.   General Provisions


    1701.17.   1705.   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.   1705.1.   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.   1705.2.   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  person or a
 talent service to have an artist waive his or her rights under
this chapter is a violation of this chapter.
    1701.20.   1705.3.   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. 
   1705.4.  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. 
  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.
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