HOUSE DOCKET, NO. 1636        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1414

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 relative to stop fraudulent representation of business against performers.

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PETITION OF:

HOUSE DOCKET, NO. 1636        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1414

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1487 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to stop fraudulent representation of business against performers.

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

The General Laws is hereby amended by inserting after Chapter 93K the following new Chapter:-

Chapter 93M. FRAUDULENT REPRESENTATION OF BUSINESS AGAINST PERFORMING ARTISTS

Section 1.  It shall be unlawful for any person, firm, corporation, association, or agent or employee thereof, holding itself out to the public by any designation indicating a connection with the arts and entertainment industry, including, but not limited to, talent agent, talent scout, personal manager, artist manager, impresario, casting director, public relations advisor or consultant, promotion advisor or consultant, to:

(a) make, publish, disseminate, circulate or place before the public or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in this state an advertisement, solicitation, announcement, notice or statement which represents that such person, firm, corporation or association has employment available or is able to secure any employment in the field of show business, including, but not limited to, theatre, motion pictures, radio, television, phonograph records, commercials, opera, concerts, dance, modeling, productions disseminated over the Internet or through telecommunication or any other entertainments, exhibitions or performances when an advance fee of any nature is a condition to such employment; or

(b) Accept from a member of the public any fee, retainer, salary, advance payment or other compensation of any nature in return for services or otherwise, other than (i) repayment for advances or expenses actually incurred for or on behalf of such member of the public, or (ii) agreed commissions, royalties or similar compensation based upon payments received by or on behalf of such member of the public as a result of his employment in the field of arts and entertainment.

Section 2. Whenever there shall be a violation of this section, an application may be made by the Attorney General and upon notice to the Attorney General, the Attorney General shall not have less than five days, to enjoin and restrain the continuance of such violations.  Should the court find it satisfactory that the entity has violated this Chapter, an injunction may be issued by the court enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby.  The Attorney General may pursue additional criminal action beyond this Chapter if its seemed warranted.

Section 3. Individuals who are subject to said unlawful action shall have the ability to seek recourse against the individual pursuant to Chapter 93A.  Any contact between parties created under the conditions of this section shall be unenforceable, except as it applies to individuals seeking recourse under Chapter 93A.

Section 4.  The Attorney General shall establish rules and regulations on the implementation of this Chapter, which shall include, but is not limited to, a method to disseminate information about entities involved in such fraudulent activities to the public, a method for complaints of this type to be received, publishing safety guidelines and legal rights for individuals seeking engage in this profession.