Bill Text: NY A05886 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to employment agencies and their regulation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-06-03 - reported referred to codes [A05886 Detail]

Download: New_York-2009-A05886-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5886
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2009
                                      ___________
       Introduced  by  M.  of  A.  ESPAILLAT  -- Multi-Sponsored by -- M. of A.
         BOYLAND, ROBINSON -- read  once  and  referred  to  the  Committee  on
         Economic Development, Job Creation, Commerce and Industry
       AN  ACT  to  amend  the  general business law, in relation to employment
         agencies and their regulation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 171 of the general business law is
    2  amended by adding a new paragraph f to read as follows:
    3    F.  "EMPLOYMENT  AGENCY"  INCLUDES  ANY  BUSINESS ENTITY THAT MANAGES,
    4  REPRESENTS, REFERS FOR EMPLOYMENT, OR SUBSTANTIALLY CONTROLS  EMPLOYMENT
    5  OPPORTUNITIES  FOR  FASHION  INDUSTRY  PROFESSIONALS, INCLUDING, BUT NOT
    6  LIMITED TO, MODELS, PHOTOGRAPHERS, STYLISTS, MAKE-UP ARTISTS,  PHOTOGRA-
    7  PHERS' ASSISTANTS, AND HAIR STYLISTS.
    8    S  2.  Section  171 of the general business law is amended by adding a
    9  new subdivision 12 to read as follows:
   10    12. "COMPOSITE CARD" MEANS ANY COLLECTION OR GROUPING  OF  PHOTOGRAPHS
   11  OR  OTHER  IMAGES  WITH OR WITHOUT A DESCRIPTION OF THE SUBJECT PERSON'S
   12  PHYSICAL ATTRIBUTES.
   13    S 3. Section 172 of the general business law, as  amended  by  chapter
   14  617 of the laws of 1988, is amended to read as follows:
   15    S  172.  License  required. No person shall open, keep, maintain, own,
   16  operate, or carry on any employment agency OR MODELING OR TALENT MANAGE-
   17  MENT AGENCY NOR ADVERTISE OR OTHERWISE SOLICIT THE  PUBLIC  IN  ANY  WAY
   18  WHICH  ALLUDES  TO OBTAINING EMPLOYMENT FOR MEMBERS OF THE PUBLIC unless
   19  such person shall have first procured a license therefor as provided  in
   20  this article. Such license shall be issued by the commissioner of labor,
   21  except  that  if  the employment agency OR MODELING OR TALENT MANAGEMENT
   22  AGENCY is to be conducted in the city of New York, such license shall be
   23  issued by the commissioner  of  consumer  affairs  of  such  city.  Such
   24  license shall be posted in a conspicuous place in said agency.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09090-01-9
       A. 5886                             2
    1    S  4.  Subdivision  3  of  section 185 of the general business law, as
    2  amended by chapter 1010 of the laws of  1960,  is  amended  to  read  as
    3  follows:
    4    3.  Deposits,  advance  fees.  Notwithstanding any other provisions of
    5  this section, an employment agency, may  not  require  a  deposit  [or],
    6  advance  fee,  REGISTRATION  FEE  OR  ANY OTHER PRELIMINARY FEE from any
    7  applicant OR OTHER MEMBER OF THE PUBLIC SEEKING TO DO BUSINESS WITH SAID
    8  AGENCY, except an applicant for class "A" or class "A1" employment,  and
    9  only to the extent of the maximum fees hereinafter provided. Such depos-
   10  it  or  advance  fee shall be offset against any fee charged or accepted
   11  when such employment is obtained.  Any excess above the lawful fee shall
   12  be returned without demand therefor, immediately  after  the  employment
   13  agency  OR  MODELING  OR TALENT MANAGEMENT AGENCY has been notified that
   14  such employment has been obtained; and all of such  deposit  or  advance
   15  fee  shall  be returned immediately upon demand therefor, if at the time
   16  of the demand such employment has not been obtained.
   17    S 5. Subdivision 3 of section 187 of  the  general  business  law,  as
   18  added  by chapter 893 of the laws of 1958, is amended and two new subdi-
   19  visions 15 and 16 are added to read as follows:
   20    (3) Advertise in  newspapers  or  otherwise,  or  use  letterheads  or
   21  receipts  or other written or printed matter, unless such advertising or
   22  other matter contains the name and address of the employment  agency  OR
   23  MODELING  OR  TALENT  MANAGEMENT  AGENCY and the word "agency", TOGETHER
   24  WITH ITS LICENSING AUTHORITY AND LICENSE NUMBER.
   25    (15) ACCEPT A COMMISSION OR FEE OR ENTER INTO  ANY  OTHER  ARRANGEMENT
   26  WHEREBY  SUCH  AGENCY  RECEIVES, DIRECTLY OR INDIRECTLY, REMUNERATION OR
   27  ANY OTHER THING OF VALUE FROM ANY  PERSON,  FIRM,  PARTNERSHIP,  LIMITED
   28  LIABILITY  COMPANY,  ASSOCIATION,  CORPORATION,  OR  OTHER  ENTITY WHICH
   29  COLLECTS FEES FROM APPLICANTS INCLUDING, BUT NOT LIMITED TO, PERSONS  OR
   30  ENTITIES PROVIDING PRINTING, COMPOSITE CARDS, OR PHOTOGRAPHY SERVICES.
   31    (16)  SELL,  CHARGE A FEE FOR OR ACCEPT A FEE, DIRECTLY OR INDIRECTLY,
   32  FOR THE TAKING, PROCESSING, OR DEVELOPING OF PHOTOGRAPHS OR OTHER IMAGES
   33  OR COMPOSITE CARDS.
   34    S 6. This act shall take effect on the one hundred twentieth day after
   35  it shall have become a law. Effective immediately, any rules  and  regu-
   36  lations  necessary  for  the  timely  implementation  of this act on its
   37  effective date shall be promulgated on or before such date.