BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1364
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1364 (Campos) - As Amended:  April 4, 2011 

          Policy Committee:                              Labor and 
          Employment   Vote:                            5-0
                        Arts                                  8-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill prohibits any talent agency licensee from refusing to 
          represent any artist on account of that artist's ancestry, 
          marital status, or sexual orientation.  

           FISCAL EFFECT  

          Minor, absorbable costs to enforce this measure.  

           COMMENTS  

           1)Purpose  .  Talent agencies are generally defined as a person or 
            corporation that procures employment for artists.  While they 
            are not employers, agents play a role in the hiring of actors, 
            writers, directors and other talent.  The activities of talent 
            agents are regulated by the Labor Commissioner, who issues 
            licenses for agents.  Current license requirements specify 
            that agents may not discriminate against persons seeking 
            representation.  

            Information provided by the author contends some talent 
            agencies colluded with television networks and movie studios 
            to discriminate against writers over the age of 40, in 
            violation of the Unruh Civil Rights Act and the Fair 
            Employment and Housing Act.  �Alch v Superior Court (2004) 122 
            Cal. App. 4th 339.]  The resulting lawsuit gave rise to a $70 
            million dollar settlement on behalf of the writers. 

            According to the author, "In order to provide clarity and 
            prevent future lawsuits, this bill would update the Talent 








                                                                  AB 1364
                                                                  Page  2

            Agencies Act (TAA) to expressly include certain categories of 
            employment protections under the Unruh Civil Rights Act."  

           2)Existing law  , under the TAA, prohibits any talent agency from 
            refusing to represent any artist on account of their sex, 
            race, color, creed, religion, or handicap.    


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081