BILL ANALYSIS �
AB 1364
Page 1
ASSEMBLY THIRD READING
AB 1364 (Campos)
As Amended April 4, 2011
Majority vote
LABOR & EMPLOYMENT 5-0 ARTS, ENTERTAINMENT, SPORTS
8-0
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|Ayes:|Swanson, Alejo, Allen, |Ayes:|Campos, Achadjian, |
| |Furutani, Yamada | |Butler, Carter, Gatto, |
| | | |Furutani, Monning, Silva |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Smyth, Wagner | | |
| | | | |
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SUMMARY : Prohibits any talent agency licensee to refuse to
represent any artist because of that artist's sex, race, color,
religion, ancestry, national origin, disability, marital status,
or sexual orientation.
EXISTING LAW :
1)States that all persons within the jurisdiction of this state
are free and equal and no matter what their sex, race, color,
religion, ancestry, national origin, disability, or medical
condition are entitled to the full and equal accommodations,
advantages, facilities, privileges, or services in all
business establishments of every kind whatsoever �Civil Code
Section 51(b)].
2)Provides that no person shall engage in or carry on the
occupation of a talent agent or agency without first obtaining
AB 1364
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a license from the Labor Commissioner (LC).
3)States it is unlawful for any talent agency licensee to refuse
to represent any artist on account of the artist's race,
color, creed, sex, national origin, religion or handicap
�Labor Code Section 1700.47].
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable costs to enforce this bill.
COMMENTS : According to the author, in Hollywood, talent agents
act as the intermediaries between the buyers and sellers of
talent, they are not employers. Legally talent agents licensed
by the LC are the only persons who can procure employment for an
artist. The California Talent Agency Act (TAA) was designed for
the benefit and protection of artists because of this strong
reliance upon their agents for employment.
One example of the protections for artists contained in the TAA
is Labor Code Section 1700.47 which establishes "It shall be
unlawful for any licensee to refuse to represent any artists on
account of that artist's race, color, creed, sex, national
origin, religion, or handicap." This section was added to
"provide protection to the artist against breaches of these
fundamental civil rights," according to the 1986 Report of the
California Entertainment Commission .
Recently, a group of TV writers over the age of 40 settled an
age discrimination lawsuit, which was originally filed in 2000,
against 24 networks, production studios and talent agencies.
The writers alleged they were victims of systematic age
discrimination by talent agents who aided and abetted networks
and studios by refusing to represent and refer older writers for
work at the studios. The lawsuit was settled for $70 million in
favor of the writers.
Finally, the author believes that in order to prevent future
lawsuits this bill would provide clarity by updating the TAA to
expressly include certain categories of discrimination
protections under the Unruh Civil Rights Act in the
anti-discrimination provisions of the TAA.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
AB 1364
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319-2091
FN: 0000699