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 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 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 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
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.
Nothing in this chapter is intended to prohibit legitimate
contractual business relationships between artists and bona
fide record companies or to excuse a person from complying
with Chapter 4 (commencing with Section 1700).
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Part 6 of Division 2 of the Labor Code is repealed.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. Fee-Related Talent Services
Article 1. Definitions
1701. For purposes of this chapter, the following
terms have the following meanings:
(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.
(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.
(3) Appearances, marketing, or similar activities by an
artist rendered in the context of promoting that artist's
career.
(4) Royalties or profit participation from work or services
as an artist payable under a bona fide contractual
obligation.
(e) "Person" means an individual, company, society, firm,
partnership, association, corporation, limited liability
company, trust, or other organization.
(f) "Talent counseling service" means a person who does not
manage or direct the development of an artist's career and
who, for a fee from, or on behalf of, an artist, provides or
offers to provide, or advertises or represents itself as
providing, that artist, directly or by referral to another
person, with career counseling, vocational guidance,
aptitude testing, or career evaluation as an artist.
(g) "Talent listing service" means a person who, for a fee
from, or on behalf of, an artist, provides or offers to
provide, or advertises or represents itself as providing, an
artist, directly or by referral to another person, with any
of the following:
(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 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.
(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 website, filmstrip, videotape,
audition tape, demonstration reel, resumé, portfolio,
or other reproduction or promotional material of the artist
or (B) an artist's schedule of availability for an audition
or employment opportunity.
(h) "Talent scout" means 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 principals of a service are themselves
talent scouts if they solicit on behalf of the service.
(i) "Talent service" means a talent counseling service, a
talent listing service, or a talent training service.
(j) "Talent training service" means a person who, for a fee
from, or on behalf of, an artist, provides or offers to
provide, or advertises or represents itself as providing, an
artist, directly or by referral to another person, 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 who provides or offers to provide,
or advertises or represents itself as providing, an artist,
directly or by referral to another person, with one or more
of the following services described below, provided that the
person charges or receives a fee from or on behalf of an
artist for photographs, Internet websites, or other
reproductions or other promotional materials as an artist;
lessons, coaching, seminars, workshops, or similar training
for an artist; or for one or more 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 who charges or receives a fee from, or on behalf of,
an artist for any product or service required for the artist
to obtain, from or through the person, 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.
(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.
(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 (b).
(d) A labor organization, as defined in Section 1117.
(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.
(f) A public institution.
Article 3. Other Talent Services
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, telephone number, fax number (if
any), email address (if any), and Internet website address
(if any), 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.
(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 TRAINING SERVICE
(whichever is applicable). THIS IS NOT A TALENT AGENCY
CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION
1700.5 OF THE LABOR CODE MAY 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.
A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY
THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION
OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS
DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
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 or the date on which you commence utilizing the
services under the contract, whichever is longer. For
purposes of this section, business days are Monday through
Friday.
To cancel this contract, mail or deliver or send by
facsimile transmission a signed and dated copy of the
following cancellation notice or any other written notice of
cancellation to (name of talent service) at (address of its
place of business), fax number (if any), email address (if
any), and Internet website address (if any), NOT LATER THAN
MIDNIGHT OF (date).
If the contract was executed in part or in whole through the
Internet, you may cancel the contract by sending the
notification to: (email address).
CANCELLATION NOTICE
I hereby cancel this contract.
Dated: 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 offers to list or display
information about an artist, including a photograph, on the
service's Internet website, or on a website 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 email 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 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) (1) An artist may cancel a contract or within 10
business days from the date he or she commences utilizing
the services under the contract. An artist shall notify the
talent service of the cancellation 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
have a term of not more than one year and 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 website 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 email
if the artist designates an email 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) 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.
(j) The talent service shall maintain the original executed
contract on file at its place of business.
1703.1. (a) Every person engaging in the business of
a talent service shall keep and maintain records of the
talent service business, including the following:
(1) The name and address of each artist contracting with the
talent service.
(2) The amount of the fees paid by or for the artist during
the term of the contract with the talent service.
(3) Records described in clause (iv) of subparagraph (A) of
paragraph (2) of subdivision (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.
(11) Any other information that the Labor Commissioner
requires.
(b) All books, records, and other papers kept pursuant to
this chapter by a talent service shall be open for
inspection during the hours between 9am and 5pm, 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 talent service shall furnish to
the Labor Commissioner, 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. The inspecting party
shall maintain the confidentiality of any personal
identifying information contained in the records maintained
pursuant to this section, and shall not share, sell, or
transfer the information to any third party unless it is
otherwise authorized by state or federal law.
A written or verbal solicitation or advertisement for an
artist to perform or demonstrate any talent for the talent
service, or to appear for an interview with the talent
service, shall include the following clear and conspicuous
statement: "This is not an audition for employment or for
obtaining a talent agent or talent management."
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 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 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 injured by any
unlawful act, omission, or failure to provide the services
of the talent service.
(c) The Labor Commissioner shall charge and collect a filing
fee to cover the cost of filing the bond or deposit.
(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.
(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 not satisfy the requirements of this section.
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 websites, 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 website,
or a website 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.
(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.
(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
organization as defined in Section 1117, in any manner that
falsely or misleadingly suggests the endorsement,
sponsorship, approval, or affiliation of a talent service.
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. The inspecting party shall
maintain the confidentiality of any personal identifying
information contained in the records maintained pursuant to
this section, and shall not share, sell, or transfer the
information to any third party unless it is otherwise
authorized by state or federal law.
(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 4. Remedies
1704. A person, including, an owner, officer,
director, agent, or employee of a talent service, who
willfully 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.
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.
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. The amount
awarded for damages for a violation of this 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
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.
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, including Section
17500 of the Business and Professions Code.
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.
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 XIIIB 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 XIIIB of the California
Constitution.
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