HOUSE DOCKET, NO. 3331        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 197

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act Establishing a Board of Casting Agent.

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PETITION OF:

HOUSE DOCKET, NO. 3331        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 197

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act Establishing a Board of Casting Agent.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 13 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following new sections:-

Section 109.  There shall be within the division of professional licensure, a professional licensure  board of casting agents to consist of the director of the Massachusetts film office or his designee and 4 persons, which shall be residents of the Commonwealth, appointed by the Governor; 2 of whom are actively engaged as a full time casting agent for not less than 10 years in Massachusetts and has a physical place of business in Massachusetts not less than 10 years, 1 of whom has actively engaged as a full time casting agent for not less than 10 years in Massachusetts, and 1 of whom is an active member of the Screen Actors Guild-American Federation of Television and Radio Artists and actively engaged the acting profession for the past 5 years. 

(b) As the term of the office of a member expires, a successor shall be appointed in like manner for a term of 5 years. The governor may fill a vacancy in the board for the unexpired portion of the term.

(c) The board shall annually elect from among its members a chairman and vice-chairman. The board shall meet at least 4 times annually and may hold additional meetings as necessary to discharge its duties.  Members shall serve without compensation but shall be entitled to reasonable travel expenses.  The members of the board shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.

Section 110.  The board shall have the following powers and duties: (i) to administer and enforce sections 264 to 268, inclusive, of chapter 112; (ii) to adopt rules and regulations governing the licensure of casting directors; (iii) to establish standards of professional and ethical conduct; (iv) to establish a professional standard on the seeking and hiring actors; and (v) in conjunction with the division of professional licensure, to investigate complaints, conduct inspections, request and review business records of licensees, set licensing fees and set and administer penalties as defined in sections 61 to 65E, inclusive, of said chapter 112 and sections 264 to 268, inclusive, of said chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by the board.

SECTION 2. Chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended at the end thereof with the following new sections:-

Section 264. As used in this section and sections 264 to 251, inclusive, the following words shall have the following meanings unless the context requires otherwise:

“Actor”, a person who acts or performs for compensation and is recorded through recording device.

“Casting Agency”, a business that is engaged in the hiring of actors on behalf any production company.

“Board”, the board of casting agents, established in section 101 of chapter 13.

“Casting Agent”, a person who is employed by a casting agency and is engaged in recruiting actors on behalf of a production company for compensation.

“Production Company”, a business which uses a recording device for the purpose of producing film, radio, television, video for itself or on behalf of another.

“Recording device”, any device that records sights and sounds on to a reusable medium, including film, video, audio tape, electromagnetic and digital mediums.

Section 266. (a) No person shall engage in work as a casting agent nor shall any person advertise or represent that he is a casting agent unless that person holds a valid license issued by the board as provided in this chapter.

(b) The casting agent license shall be displayed in the casting agent’s place of business and be displayed as required by the board inspector or provide a visible copy for public inspection if casting at a location other than the place of business.  The inspectors may enforce this section by entering into an establishment where the licensees are performing their work.

(c) A sign, listing or advertisement of a casting agent or casting agency shall contain his designation and license number.

Section 267. Upon payment of a fee and the submission of an application provided by the board, the board may issue a temporary license to a casting agent or casting agency who has a contract with a licensed casting agency to cast actors for production companies conducting work in Massachusetts and comply with all state and regulations; provided further that said contract must state that are least 50 percent of all actors hired are residents of Massachusetts.  The board may provide additional conditions on temporary licenses.

Section 268. The board shall conduct inspections and investigate all complaints filed relating to the proper practice of casting agency or casting agent, and any violation of sections 264 to 267, inclusive, or any rule or regulation of the board.  Such complaints may be brought by any person, or the board may, on its own, initiate a complaint.