BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1319
                                                                  Page  1

          Date of Hearing:   April 28, 2009


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA
                                  Mike Davis, Chair

                  AB 1319 (Krekorian) - As Amended:  April 15, 2009
           

          SUBJECT :   Advance-Fee Talent Services

           SUMMARY  :   Recasts and revises provisions of existing law  
          regulating advance-fee talent services.  Specifically,  this bill   
          makes the following substantive changes to the existing  
          statutory requirements:

          1 Establishes a definition for an "advance-fee talent  
            representation service" and prohibits a person from owning,  
            acting in the capacity of, advertising for or soliciting for,  
            or knowingly referring any person to such services.

          2)Establishes a definition for fee-related "talent services" as  
            either a "talent counseling service," a "talent listing  
            service," or a "talent training service."

          3)Defines a "talent counseling service" as a person who is not  
            otherwise any artist's talent manager and who, for a fee,  
            provides or offers to provide, holds themselves 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.

          4)Defines a "talent listing service" as a person who, for a fee,  
            provides or offers to provide, holds themselves out as  
            providing, or represents it will make a referral to another  
            person who will provide an artist with any of the following:

             a)   A list of one or more auditions or employment  
               opportunities.

             b)   A list of one or more talent agents or talent managers,  
               including an associate, representative or designee thereof.









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             c)   A search, or providing 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, representative  
               or designee thereof.

             d)   Storage or maintenance of any of the following for  
               distribution or disclosure to a talent agent, talent  
               manager, or an associate, representative or designee  
               thereof, or to a person represented as offering an audition  
               or employment opportunity: the 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 an  
               artist's schedule of availability for an audition or  
               employment opportunity.

          5)Defines a "talent training service" as a person who, for a  
            fee, provides or offers to provide, holds themselves 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.

          6)Establishes a number of specified exemptions from the  
            requirements of this bill for various entities or individuals  
            that meet certain conditions.

          7)Prohibits a "talent service," its directors, officer, agents  
            and employees from engaging in a number of specified  
            activities.

          8)Prohibits a "talent training service" and a "talent counseling  
            service", and its officers, directors, agents, and employees  
            from operating or having a direct or indirect financial  
            interest in a talent listing service.

          9)Provides that a "talent listing service," and its officers,  
            directors, agents and employees shall not do either of the  
            following:

             a)   Own, operate, or have a direct or indirect financial  
               interest in a "talent training service" or a "talent  
               counseling service"; or,

             b)   Provide a listing of an audition, job, or employment  








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               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.

          1)Revises requirements related to language and other provisions  
            for contracts between artists and talent services.

          2)Prohibits a contract for fee-related talent services from  
            being automatically renewed.

          3)Amends procedures related to the cancellation of contracts and  
            refunds.

          4)Revises recordkeeping requirements.

          5)Increases a bond requirement for talent services from $10,000  
            to $50,000.

          6)Provides that a person, including an officer, director agent  
            or employee who violates these provisions is guilty of a  
            misdemeanor and eliminates a requirement that violation be  
            "willful" to constitute a misdemeanor.

          7)Provides that damages for violations shall be no less than  
            three times the amount paid by the artist to the talent  
            service.

           FISCAL EFFECT  :  Unknown



           COMMENTS  :   

           1)Author's Statement and Support  .  According to the author's  
            office, "With the unprecedented popularity of 'American Idol'  
            and other reality television programming, the false promise of  
            instant stardom has increasingly become a fertile ground for  
            talent peddlers to scam the public, victimizing children and  
            young adults in particular.  This fraud is accomplished  
            through deceptive newspaper, Internet and radio advertisements  
            and by phony 'talent scouts', who descend upon parents at  
            shopping malls and community fairs, offer the unsolicited  








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            opinion that their child has star potential, and invite them  
            to an 'audition' - which turns out to be a 'bait and switch'  
            attempt to sell photographs, classes and listing services.   
            While the number of consumers swindled multiplies, talent  
            scams run rampant because our current laws do not address the  
            types of fraud they employ and do not provide law enforcement  
            with the tools to address the problem."  The author also  
            clarifies his intent that, AB 1319 does not affect, and is not  
            intended to affect, legitimate talent agents or talent  
            managers who earn money strictly through commissions and do  
            not charge their client's advance fees. 

            The Los Angeles City Attorney, Rocky Delgadillo, is the lead  
            sponsor of this measure.  He writes in support saying  
            "Complaints about acting and modeling scams have doubled every  
            year since 2006.  This trend is expected to continue in 2009.   
            In Southern California alone, there have been approximately  
            1,000 complaints and an additional 143,000 inquiries during  
            that time.  These scams cause millions of dollars in loss to  
            victims and inflict genuine emotional harm to children when  
            they find out their 'talent scout' was a fraud.  ?  Our  
            current laws do not address talent training services or talent  
            listing services, the avenue most often exploited by talent  
            scammers."  The Screen Actors Guild adds in further support,  
            "The promise to secure employment is too often empty and the  
            fees for the purported service can be astounding. While  
            substantial gains were made with the passage of the Advance  
            Fee Talent Law of 2005, there are still many areas that are  
            being exploited by loopholes and grey areas."

            Finally, BizParentz, a non-profit California organization that  
            serves families with children in the entertainment industry  
            (professional child actors), writes to share their member's  
            experience with advance fee agencies saying, "2008 has been a  
            devastating year for California families in the area of talent  
            scams and questionable Advance Fee Talent Services.  Our  
            organization is literally pushed to the limit of our  
            capabilities as we answer hundreds of emails and phone calls a  
            month from parents requesting help.  The stories are  
            heartbreaking: families who are approached by 'scouts' in  
            malls, fairs or schools with promises of Disney or Nickelodeon  
            auditions (logos used without studio permission of course) or  
            meetings with 'famous Hollywood talent agents'.  The deceptive  
            advertising is blatant and they are very, very good at what  
            they do.  It is a bait and switch:  most often these  








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            businesses are offering acting classes, 'connections',  
            websites, photos or showcases.  The going rate has gotten much  
            higher in the last year - $5,000-$10,000 for six months of  
            services, if they get the services at all.  In reality, these  
            businesses have little connection to the real entertainment  
            industry.  Their purpose is simply to part parents from their  
            money, and children from their dreams."  

           2)Legislative History of the Regulation of Talent Agents and  
            Advanced Fee Talent Services  .   
           
            The following history comes from the hearing materials of the  
            1985 report of the California Entertainment Commission, as  
            referenced in the 2001 Senate Select Committee on Regulation  
            of Talent Agents hearing into The Impact of the Talent  
            Agencies Act Upon Performers, Their Agents and Mangers.  This  
            material is included in the instant analysis to help the  
            committee distinguish between the legitimate and highly  
            regulated Talent Agents; managers and recording artist  
            managers who generally receive compensation from artists after  
            performing their contractual duties (and may even advance  
            funds to the artist, see e.g. Waisbren v. Peppercorn  
            Productions Inc. [1995] Cal App 4th, 246, 253, "The personal  
            manager frequently lends money to the neophyte artist, thereby  
            speculating on a return from the artist's anticipated future  
            earnings." Id), and; Advanced-Fee Talent Services, which this  
            bill would prohibit.

            When the California Labor Code was enacted in 1937, the  
            provisions of the Employment Agencies Act of 1913 (Stats. 515,  
            Ch. 282) were re-enacted and incorporated in the new code.   
            Two categories of employment agencies had been denominated by  
            that Act and made subject to regulation:  "general employment  
            agencies" and, in recognition of California's infant  
            entertainment industry, the "theatrical employment agencies."   
            The latter were delineated as operating within the context of  
            "circuses, vaudeville, theatrical and other entertainers,  
            exhibitors and performers."

            The 1937 Labor Code established another category of employment  
            agency, namely, "the motion picture employment agency" (Stats.  
            230. Ch. 90).

            Regulatory controls over each of these categories of  
            employment agencies were established, including licensing  








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            requirements and other restrictions on the operations of such  
            agencies.

            In 1943, the "artist manager" was added to the Employment  
            Agencies Act (1943, Stats. 1326, Ch. 329).  The artist manager  
            was defined as:

                    A person who engages in the occupation of advising,  
                    counseling, or directing artists in the development or  
                    advancement of their professional careers and who  
                    procures, offers, promises or attempts to procure  
                    employment or engagements of an artist only in  
                    connection with and as a part of the duties and  
                    obligations of such person under a contract with such  
                    artist by which such person contracts to render  
                    services of the nature above mentioned to such artist.

            In 1959, those provisions of the Employment Agencies Act  
            pertaining to the "artist manager" were removed from that Act  
            and were placed in the Labor Code as a separate group of  
            sections (1959, Stats. 2929, Ch. 888).

            These four categories of agents - employment agent, theatrical  
            employment agent, motion picture employment agent and the  
            artists' manager - existed until 1967.  In that year, the  
            California Legislature repealed the Employment Agencies Act,  
            abolished the categories of theatrical employment agent and  
            motion picture employment agent, transferred the provisions  
            relating to employment agencies to the Business and  
            Professions Code and placed such agencies under the  
            jurisdiction of the Department of Professional and Vocal  
            Standards (since 1971, the Department of Consumer Affairs).   
            Regulation of artists' manager remained in the Labor Code in  
            the Artists' Manager Act, and, for purposes of administration,  
            under the jurisdiction of the Labor Commissioner. 

            In 1978, the Act was renamed the Talent Agencies Act (Chapter  
            1382, Statutes of 1978) and that remains the name of the  
            statue today.  Also by the same enactment, artists' managers  
            became "talent agents", and the definition of an artists'  
            manager became "talent agents", and the definition of an  
            artists' manager, now a talent agent, was changed to read, as  
            follows:

                    A talent agency is hereby defined to be a person or  








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                    corporation who engages in the occupation of  
                    procuring, offering, promising, or attempting to  
                    procure employment or engagements for an artist or  
                    artists.  Talent agencies may, in addition, counsel or  
                    direct artists in the development of their  
                    professional careers.

            In 1982, AB 997 (Chapter 682, Statues of 1983) made several  
            significant changes in the Act.  First, it excluded the  
            procuring of recording contracts from the licensure  
            requirements under the Act.  To accomplish this exclusion,  
            Labor Code Section 1700.4 was amended by the addition of the  
            following underlined language:

                    (a)  A talent agency is hereby defined to be a person  
                    or corporation who engages in the occupation of  
                    procuring, or attempting to procure employment or  
                    engagements for an artist or artists,  except that the  
                    activities or procuring, offering, or promising to  
                    procure recording contracts for an artist or artists  
                    shall not of itself subject a person or corporation to  
                    regulation and licensing under this chapter.   Talent  
                    agencies may, in addition, counsel or direct artists  
                    in the development of their professional careers.

            As the above demonstrates, California has a comprehensive  
            scheme of regulation for those involved in the procuring of  
            employment.  However, prior to 1999, California law did not  
            regulate persons engaged in the solicitation of advance-fee  
            payments from an artists prior to employment being secured.   
            At the time, concerns were expressed that unscrupulous  
            individuals were posing as talent agents or talent managers  
            and were requesting large payments in exchange for promises of  
            employment that they could never deliver.  That changed with  
            the enactment of AB 884 (Kuehl), Chapter 626, Statutes of  
            1999.

            Among other things, AB 884 required a contract between an  
            advance-fee talent service and an artist to be in writing and  
            to contain specified provisions, including a right to cancel  
            the contract and to receive a refund, as specified.  The bill  
            also required an advance-fee talent service to file a bond or  
            deposit in the amount of $10,000 with the Labor Commissioner.   
            In addition, AB 884 prohibited an advance-fee talent service  
            from engaging in specified activities, including making false,  








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            misleading, or deceptive advertisements, giving an artist  
            false information, or charging a fee for registering or  
            listing an artist for employment in the entertainment  
            industry. 

            The measure also provided that a person who willfully violates  
            any provision of the law was guilty of a misdemeanor and  
            authorized the Attorney General, a District Attorney or an  
            city attorney to bring an action for violation of the law.  AB  
            884 also authorized an aggrieved person to bring a private  
            action and authorized the recovery of treble damages.

           3)Summary of Relevant Changes Proposed by this Legislation  .   
            This bill proposes to revamp and recast the provisions of law  
            regulating advance-fee talent services, adding several new  
            definitions and imposing new requirements, responsibilities or  
            prohibitions on providers of those services.  In general, this  
            bill proposes to distinguish "advance-fee representation  
            services" which would be prohibited by the bill from other  
            types of "fee-related talent services," which are subject to  
            specific regulation as set forth by the bill.


           4)Changes Relative to "Advance-Fee Representation Services"  .   
            This bill defines an "advance-fee talent representation  
            service" as a person that, for a fee, provides, holds  
            themselves 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:

             a)   Procuring or attempting to procure employment or an  
               engagement as an artist;

             b)   Procuring or attempting to procure an audition for an  
               artist;

             c)   Managing or directing the development of an artist's  
               career; or,

             d)   Procuring or attempting to procure a talent agent or  
               talent manager, including an associate, representative or  
               designee thereof.
           
             The bill contains numerous specified exemptions from these  
            provisions, as specified below.








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            This bill prohibits a person from owning, acting in the  
            capacity of, advertising for or soliciting for, or knowingly  
            referring a person to any advance-fee talent representation  
            service.  Violations of this prohibition are misdemeanors and  
            subject to certain other remedies, as specified below.

           1)Changes Relative to "Fee-Related Talent Services"   This bill  
            establishes a new definition for "fee-related talent  
            services," which consist of various specified activities.  In  
            general, "fee-related talent services" are not prohibited by  
            the bill but are subject to specific regulation as discussed  
            below.

           2)Changes to Definitions  
           
              a)    This bill defines a "talent service" to mean:

               i)     a talent counseling service;

               ii)    a talent listing service; or

               iii)   A talent training service.

             b)   This bill defines a "talent counseling service" to mean  
               a person who is not otherwise any artist's talent manager  
               and who, for a fee, provides or offers to provide, holds  
               themselves 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.

             c)   This bill defines a talent listing service to mean a  
               person who, for a fee, provides or offers to provide, holds  
               themselves out as providing, or represents it will make a  
               referral to another person who will provide an artist with  
               any of the following:

               i)     A list of one or more auditions or employment  
                 opportunities.

               ii)    A list of one or more talent agents or talent  
                 managers, including an associate, representative or  
                 designee thereof.








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               iii)   A search, or providing 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,  
                 representative or designee thereof.

               iv)    Storage or maintenance of any of the following for  
                 distribution or disclosure to a talent agent, talent  
                 manager, or an associate, representative or designee  
                 thereof, or to a person represented as offering an  
                 audition or employment opportunity:  the 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 an artist's schedule of availability for an audition  
                 or employment opportunity.

             d)   This bill defines a "talent training service" as a  
               person who, for a fee, provides or offers to provide, holds  
               themselves 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.

             e)   This bill defines a "talent scout" as an individual  
               employed, appointed, 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 bill specifies  
               that the principals of a service are themselves talent  
               scouts if they solicit on behalf of the service.

           3)Exemptions  .  This bill contains a number of exemptions and  
            specifies that these requirements do not apply to public  
            educational institutions, or private educational institutions,  
            psychologists, education psychologists, non-profit  
            corporations, labor organizations, publications, public  
            libraries or public institutions that meet specified  
            conditions.  The provisions of the bill also do not apply to a  
            talent listing service if, among other things, a majority  
            interest in the service is owned by one or more colleges,  
                   universities or alumni associations, as specified.
           
          4)Changes to "Prohibited Acts"
           








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             a)   This bill provides that a "talent service", its  
               directors, officers, agents, and employees shall not do any  
               of the following:

               i)     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.

               ii)          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 and copying 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.

               iii)         Charge or attempt to charge an artist for an  
                 audition or employment opportunity.

               iv)          Require an artist, as a condition for use of a  
                 talent service, or to obtain any 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.

               v)     Charge or attempt to charge an artist any fee not  
                 disclosed, as specified.

               vi)          Unless it is conspicuously disclosed to the  
                 artist prior to the execution of the contract with the  








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                 artist in a separate writing provided to the artist to  
                 keep, refer an artist to any person who charges the  
                 artist a fee for any product in which the talent service,  
                 its directors, officers, agents, or employees has a  
                 direct or indirect financial interest.

               vii)         Require an artist, as a condition for use of a  
                 talent service, or as a condition for obtaining any  
                 additional benefit or preferential treatment from the  
                 talent service, to pay a fee to any other service in  
                 which the talent service, its directors, officers,  
                 agents, or employees has a direct or indirect financial  
                 interest.

              viii) Accept any compensation or other valuable  
                 consideration for referring an artist to any person  
                 charging the artist a fee.

               ix) Fail to remove an artist's Internet Web site and its  
                 content within 10 days of a request by telephone, mail,  
                 facsimile or electronic mail from the artist, or the  
                 parent or guardian of the artist if the artist is a  
                 minor.

             b)   The bill also prohibits a "talent training service" and  
               a "talent counseling service", and its officers, directors,  
               agents, and employees from operating or having a direct or  
               indirect financial interest in a talent listing service

             c)   Finally, the bill provides that a "talent listing  
               service", and its officers, directors, agents, and  
               employees, shall not do either of the following:
           
                i)     Own, operate, or have a direct or indirect financial  
                 interest in a "talent training service" or a "talent  
                 counseling service."

               ii)    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.  
                








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           5)Changes Regarding Contract Agreement Provisions and  
            Recordkeeping Requirements  . 
            
             a)   General Contract Provisions  .  Current law requires every  
               contract between an artist and an advance-fee talent  
               service to be in writing and contained certain specified  
               language and provisions.  This bill changes the required  
               contract language as follows:

               i)     Requires the contract to contain evidence of  
                 compliance with applicable bonding requirements,  
                 including the name of the bonding company and bond  
                 number, if any, and a statement indicating that a $50,000  
                 bond must be posted with the Labor Commissioner;

               ii)    Adds new boilerplate language that must be included  
                 in every contract stating that the talent service is a  
                 "talent counseling service", "talent listing service" or  
                 "talent training service."  The boilerplate language  
                 specifies that only a licensed talent agent can engage in  
                 procuring, offering, promising, or attempting to procure  
                 employment or engagements for an artist;

               iii)   Specifies that, for contracts executed over the  
                 Internet, the talent service shall give the artist clear  
                 and conspicuous notice of the contract terms and provide  
                 the artist the ability to acknowledge receipt of the  
                 terms before acknowledging agreement thereto.  The bill  
                 provides that in any dispute regarding compliance with  
                 this requirement, the talent service shall have the  
                 burden of proving that the artist received the terms and  
                 acknowledged agreement thereto; and,

               iv)    Provides that if a talent service 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 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,  
                 facsimile and e-mail address for the talent service to  
                 which a request for removal may be made.









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              b)   Non-Automatic Renewal  .  This bill prohibits a contract  
               for fee-related talent services from being automatically  
               renewed.  

             c)   Changes to Contract Cancellation/Refund Procedures  .   
               Under current law, an artist may cancel a contract for  
               advance-fee talent services, without any penalty or  
               obligation, within 10 business days from the date of  
               execution of the contract.  In the event that an artist  
               cancels the contract, the advance-fee talent service is  
               required to refund in full any advance fees within 10 days.  
                If payment is not refunded within 10 days, the advance-fee  
               talent service is required to pay the artists an additional  
               sum equal to the amount of the fee.  
           
               In addition, under current law, if the artist does not  
               receive the services that were promised or that the artist  
               was led to believe would be performed, fees are to be  
               refunded.  If repayment is not made within 48 hours of the  
               demand, the advance-fee talent service is required to pay  
               the artist an additional sum equal to the amount of the  
               fee. 

               This bill proposes to amend these cancellation/refund  
               procedures.

               First, the bill provides that an artist may cancel a  
               contract for talent training services within 10 business  
               days of execution of the contract by mailing or delivering  
               or sending by facsimile 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 by the Internet if the contract was executed  
               in part or in whole through the Internet.  The bill  
               requires a talent service to refund all fees paid by, or on  
               behalf of an artist within 10 business days after delivery  
               of the cancellation notice.

               Second, the bill provides that, unless a talent service  
               conspicuously discloses in the contract that cancellation  
               is prohibited after the ten-day cancellation period, an  
               artist may cancel a contract for talent services at any  
               time after the 10-day cancellation period and receive a  
               refund on a pro rata basis by mailing, delivering or  
               sending by facsimile to the talent service a signed and  








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               dated copy of the cancellation notice or any other written  
               notice of cancellation, or by sending a notice of  
               cancellation by the Internet if the contract was executed  
               in part or in whole through the Internet.  The bill  
               requires a talent service to refund all fees paid by, or on  
               behalf of an artist on a pro rata basis within 10 business  
               days after delivery of the cancellation notice.
           
             d)   Advertisements.   This bill provides that an  
               advertisement soliciting artists to perform or demonstrate  
               any talent, or to appear for an interview shall clearly and  
               conspicuously state, "This is not an audition for  
               employment or for obtaining a talent agent or talent  
               management."
              
             e)   Recordkeeping Requirements  .  Existing law requires every  
               person engaging is the business of an advance-fee talent  
               service to keep and maintain records as specified.  
           
               This bill revises those recordkeeping requirements to  
               specify that these records shall include all of the  
               following:

               i)       The name and address of each artist contracting  
                 with that talent service;

               ii)          The amount of the fees paid by or for the  
                 artist during the term of the contract with the talent  
                 service;

               iii)         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 service, and the corporate officers if  
                 the service is owned by a corporation;

               iv)          The legal name, principal residence address,  
                 date of birth, and driver's license number and state of  
                 issuance thereof, of every talent scout, as defined in  
                 subdivision (g) of Section 1701, and the name(s) each  
                 talent scout uses while soliciting.  No talent scout  
                 shall use the same name as used by any other talent scout  
                 soliciting for the service and no service shall permit a  
                 talent scout to use the same name as used by any other  
                 talent scout soliciting for the service;








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                                                                  Page  16


               v)     Other specified information; and,

               vi)          Any other information that the Labor  
                 Commissioner requires.

               This bill also requires that all books, records, and other  
               papers kept by a talent service shall be open during the  
               hours of 9:00 a.m. to 5:00 p.m., Monday through Friday,  
               except legal holidays to inspection by any peace officer or  
               to any representative from the Labor Commissioner, Attorney  
               General, district attorney, or any city attorney. 

               The bill also requires every talent service to furnish to  
               the Labor Commissioner, police, Attorney General, district  
               attorney, or city attorney, upon request, a true copy of  
               those books, records, and papers, or any portion thereof,  
               and to make reports as the Labor Commissioner requires.
           
             f)   Changes to Bond Requirements and Fees  .  Existing law  
               provides that, prior to "engaging in the business or acting  
               in the capacity of an advance-fee talent service", a person  
               shall file with the Labor Commissioner a bond in the amount  
               of $10,000 or a deposit in lieu of the bond, as specified.

               This bill amends the law to requiring such bonding from a  
               talent service prior to "advertising or engaging in  
               business."

               This bill also increases the amount of the bond required  
               from $10,000 to $50,000.
           
             g)   Changes to Remedies  .  Existing law provides that a  
               person who willfully violates these provisions of law is  
               guilty of a misdemeanor, punishable by imprisonment or a  
               $10,000 fine or both.

               This bill instead provides that a person, "including an  
               owner, officer, director, agent, or employee of a talent  
               service" who violates the law is guilty of a misdemeanor.   
               The bill also eliminates the requirement that the violation  
               be "willful."

               Current law provides that the amount awarded for damages  
               may be up to three times the damages actually incurred, but  








                                                                  AB 1319
                                                                  Page  17

               not less than the amount paid by the artist to the  
               advance-fee talent service.

               This bill changes those damages to "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."  
           
           6)Prior Related Legislation  .

             a)   AB 884 (Kuehl), Chapter 626, Statutes of 1999, discussed  
               above.

             b)   AB 2860 (Kuehl), Chapter 878, Statutes of 2000,  
               corrected a drafting error to narrow the law to avoid  
               regulating individuals who served merely as photographers,  
               costume designers, drama coaches or in similar occupations  
               but not engaging in advance-fee talent services.

             c)   SB 1687 (Murray) Chapter 288, Statutes of 2004, closed a  
               loophole for those who charging up-front fees for  
               photographs or "casting kits" while indicating that these  
               services will lead to employment.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Better Business Bureau of the Southland (Co-sponsor)
          Los Angeles City Attorney (Co-sponsor)
          Screen Actors Guild (Co-sponsor)
          BizParentz

           Opposition 
           
          None on file

           
          Analysis Prepared by  :    Dana Mitchell / A.,E.,S.,T. & I.M. /  
          (916) 319-3450