Bill Text: NY S05576 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the definition of an artist and theatrical employment agencies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-21 - SUBSTITUTED BY A8614B [S05576 Detail]

Download: New_York-2011-S05576-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5576--A
           Cal. No. 72
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2011
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules  --  recommitted  to
         the Committee on Consumer Protection in accordance with Senate Rule 6,
         sec. 8 -- reported favorably from said committee, ordered to first and
         second  report,  ordered  to  a  third  reading,  amended  and ordered
         reprinted, retaining its place in the order of third reading
       AN ACT to amend the general business  law  and  the  arts  and  cultural
         affairs law, in relation to theatrical employment agencies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 8 and 9 of section 171 of the general business
    2  law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
    3  new subdivision 8-a is added to read as follows:
    4    8.  "Theatrical  employment  agency"  means  any person (as defined in
    5  subdivision seven of this section) who procures or attempts  to  procure
    6  employment  or  engagements  for [circus, vaudeville, the variety field,
    7  the legitimate theater, motion pictures, radio,  television,  phonograph
    8  recordings,  transcriptions,  opera,  concert, ballet, modeling or other
    9  entertainments or exhibitions or performances] AN ARTIST, but such  term
   10  does not include the business of managing [such] entertainments, exhibi-
   11  tions  or  performances,  or the artists or attractions constituting the
   12  same, where such business only  incidentally  involves  the  seeking  of
   13  employment therefor.
   14    8-A.  "ARTIST"  SHALL  MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
   15  THE LEGITIMATE STAGE AND IN THE PRODUCTION  OF  MOTION  PICTURES,  RADIO
   16  ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
   17  STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
   18  CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
   19  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
   20  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11532-03-2
       S. 5576--A                          2
    1    9.  "Theatrical  engagement"  means any engagement or employment of [a
    2  person as an actor, performer or entertainer in employment described  in
    3  subdivision eight of this section] AN ARTIST.
    4    S  2.  Subdivision  1  of  section 181 of the general business law, as
    5  added by chapter 632 of the laws of 1975, is amended to read as follows:
    6    1. A true copy of every contract executed between such agency and such
    7  applicant, which shall have printed on it or attached to it a  statement
    8  setting  forth  in a clear and concise manner the provisions of sections
    9  one hundred eighty-five, and one hundred  eighty-six  of  this  article;
   10  PROVIDED  HOWEVER,  THAT  CONTRACTS  FOR  CLASS C EMPLOYMENT MAY INSTEAD
   11  PROVIDE NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED  EIGHTY-FIVE
   12  AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
   13    S  3. Subdivisions 1 and 2 of section 185 of the general business law,
   14  as amended by chapter 617 of the laws of 1988, are amended  to  read  as
   15  follows:
   16    1. Circumstances permitting fee. An employment agency shall not charge
   17  or  accept  a  fee  or other consideration unless in accordance with the
   18  terms of a written contract with a job applicant, except: (A) for  class
   19  "A"  and "A-1" employment, and except after such agency has been respon-
   20  sible for referring such job applicant to an employer or  such  employer
   21  to  a job applicant and where as a result thereof such job applicant has
   22  been employed by such employer; AND (B) FOR CLASS  "C"  EMPLOYMENT:  (I)
   23  AFTER  AN  AGENCY  HAS  BEEN  RESPONSIBLE  FOR REFERRING AN ARTIST TO AN
   24  EMPLOYER OR SUCH EMPLOYER TO AN ARTIST AND WHERE  AS  A  RESULT  THEREOF
   25  SUCH ARTIST HAS BEEN EMPLOYED BY SUCH EMPLOYER; OR, (II) AFTER AN AGENCY
   26  REPRESENTS  AN ARTIST IN THE NEGOTIATION OR RENEGOTIATION OF AN ORIGINAL
   27  OR PRE-EXISTING EMPLOYMENT CONTRACT AND WHERE AS A  RESULT  THEREOF  THE
   28  ARTIST ENTERS INTO A NEGOTIATED OR RENEGOTIATED EMPLOYMENT CONTRACT. FOR
   29  CLASS  "C"  EMPLOYMENT  PURSUANT TO THIS PARAGRAPH, AN EMPLOYMENT AGENCY
   30  SHALL PROVIDE AN ARTIST WITH A STATEMENT SETTING FORTH IN  A  CLEAR  AND
   31  CONCISE  MANNER  THE  PROVISIONS OF THIS SECTION AND SECTION ONE HUNDRED
   32  EIGHTY-SIX OF THIS ARTICLE.  The maximum fees provided  for  herein  for
   33  all  types  of placements or employment may be charged to the job appli-
   34  cant and a similar fee may be charged to the employer provided, however,
   35  that with regard to placements in class "B" employment, a fee of  up  to
   36  one  and  one-half  times  the  fee  charged to the job applicant may be
   37  charged to the employer. By agreement with  an  employment  agency,  the
   38  employer  may voluntarily assume payment of the job applicant's fee. The
   39  fees charged to employers by any licensed person conducting  an  employ-
   40  ment  agency for rendering services in connection with, or for providing
   41  employment in classes "A", "A-1" and  "B",  as  hereinafter  defined  in
   42  subdivision  four  of  this section where the applicant is not charged a
   43  fee shall be determined  by  agreement  between  the  employer  and  the
   44  employment agency. No fee shall be charged or accepted for the registra-
   45  tion of applicants for employees or employment.
   46    2.  Size  of  fee;  payment schedule. The gross fee charged to the job
   47  applicant and the gross fee charged  to  the  employer  each  shall  not
   48  exceed  the  amounts  enumerated  in  the  schedules  set  forth in this
   49  section, for any single employment or engagement, except as  hereinabove
   50  provided;  and  such  fees shall be subject to the provisions of section
   51  one hundred eighty-six of this article.  Except  as  otherwise  provided
   52  herein,  AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency shall
   53  not require an  applicant  while  employed  in  the  continental  United
   54  States,  and  paid  weekly  to pay any fee at a rate greater than in ten
   55  equal weekly [instalments] INSTALLMENTS each of which shall  be  payable
   56  at the end of each of the first ten weeks of employment, or if paid less
       S. 5576--A                          3
    1  frequently,  in  five equal installments, each of which shall be payable
    2  at the end of the first five pay periods following  his  employment,  or
    3  within  a period of ten weeks, whichever period is longer. An employer's
    4  fee  shall  be  due and payable at the time the applicant begins employ-
    5  ment, unless otherwise determined by agreement between the employer  and
    6  the agency.
    7    S  4.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
    8  affairs law are amended and a new subdivision 5  is  added  to  read  as
    9  follows:
   10    3.  "Theatrical  employment  agency"  means  any person (as defined in
   11  subdivision one hereof) who procures or attempts to  procure  employment
   12  or  engagements  for [circus, vaudeville, the variety field, the legiti-
   13  mate theater, motion pictures, radio, television, phonograph recordings,
   14  transcriptions, opera, concert, ballet, modeling or other entertainments
   15  or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
   16  include  the  business of managing [such] entertainments, exhibitions or
   17  performances, or the artists or attractions constituting the same, where
   18  such business only  incidentally  involves  the  seeking  of  employment
   19  therefor.
   20    4.  "Theatrical  engagement"  means any engagement or employment of [a
   21  person as an actor, performer or entertainer] AN  ARTIST  in  employment
   22  described in subdivision three of this section.
   23    5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
   24  LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
   25  ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
   26  STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
   27  CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
   28  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
   29  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
   30    S 5. This act shall take effect immediately.