BILL NUMBER: AB 2068	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 17, 2016

   An act to amend Section 1703.4 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2068, as introduced, Holden. Talent services.
   Existing law regulates the licensing and operation of talent
services within the entertainment industry. Existing law prohibits
specific activities or omissions by a talent service or its owners,
directors, officers, agents, and employees, including the failure to
remove information about, or photographs of, an artist displayed on
the talent service's Internet Web site or an Internet Web site that
the service has the authority to design or alter, 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. A willful violation
of those prohibitions is a crime.
   This bill would specify that an Internet Web site includes a
computer application program, and would require the talent service to
also remove requests made by text message. Because a violation of
these provisions would be a crime under certain circumstances, the
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.
State-mandated local program: yes.


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

  SECTION 1.  Section 1703.4 of the Labor Code is amended to read:
   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 any advertisement or representation
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.
   (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
approximate dates the talent service was used by the artist.
   (3) Charge or attempt to charge an artist for an audition or
employment opportunity.
   (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.
   (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.
   (9) Fail to remove information about, or photographs of, the
artist displayed on the talent service's Internet Web  site,
  site  or  a   an Internet
 Web site that the service has the authority to design or alter,
 including, but not limited to, a computer application program,
 within 10 days of delivery of a request made by telephone, 
text message,  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   any
 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.
   (3) Make or cause to be made an advertisement or representation
that includes the trademark, logo, name, word, or phrase of a company
or organization, including a studio, production company, network,
broadcaster, talent agency licensed pursuant to Section 1700.5, labor
union, or  labor  organization as defined in Section 1117,
in any manner that falsely or misleadingly suggests the endorsement,
sponsorship, approval, or affiliation of a talent service.
  SEC. 2.  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.