6650

GOVERNMENT CODE
SECTION 6650




6650.  (a) Any marching band organized by or maintained by any
educational institution supported in whole or in part by public funds
or granted any tax exemption as an educational institution may
furnish music at any athletic event where an admission is charged by
any private person, partnership operating for profit, or corporation
organized for profit only under the following conditions:
   (1) The performance is authorized by the governing body of the
institution;
   (2) A band or orchestra of not less than the number of
professional musicians customarily engaged for the athletic event in
the particular auditorium, stadium, or place of performance or 15
professional union musicians, whichever is greater, is employed to
furnish music at the event; and
   (3) Neither the person, partnership, or corporation, nor the agent
thereof, advertises or makes known to the public by any means or
through any medium the pending performance of such marching band as
an added attraction to the event itself; provided, however, that any
person by any means or through any medium including radio or
television may identify such marching band to the public at the
actual moment of performance or thereafter.
   (b) Any band or orchestra organized by or maintained by any
institution supported in whole or in part by public funds or granted
any tax exemption as an educational institution may furnish music at
any activity of any other such institution when authorized by its
governing board.
   It is the intention of the Legislature to encourage the
musicianship of California's student bandsmen in marching bands but
in no way to reduce employment opportunities for professional
musicians. Private employers of professional musicians are to be
advised that the Legislature intends to encourage such employers to
invite California's student marching bands to perform but not to
regard such specialized marching performances as providing a
substitute for the performance of regularly employed professional
musicians which would ordinarily be required by such employers for
such admission-paid events, in the absence of any performance at the
same event by a student marching band.