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--B
           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 --  again
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11532-05-2
       S. 5576--B                          2
    1  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
    2  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
    3    9.  "Theatrical  engagement"  means any engagement or employment of [a
    4  person as an actor, performer or entertainer in employment described  in
    5  subdivision eight of this section] AN ARTIST.
    6    S  2. Subdivisions 1 and 2 of section 185 of the general business law,
    7  as amended by chapter 617 of the laws of 1988, are amended  to  read  as
    8  follows:
    9    1. Circumstances permitting fee. An employment agency shall not charge
   10  or  accept  a  fee  or other consideration unless in accordance with the
   11  terms of a written contract with a job applicant, except:
   12    (A) for class "A" and "A-1" employment, and except after  such  agency
   13  has  been responsible for referring such job applicant to an employer or
   14  such employer to a job applicant and where as a result thereof such  job
   15  applicant has been employed by such employer; AND
   16    (B) FOR CLASS "C" EMPLOYMENT: (I) AFTER AN AGENCY HAS BEEN RESPONSIBLE
   17  FOR REFERRING AN ARTIST TO AN EMPLOYER OR SUCH EMPLOYER TO AN ARTIST AND
   18  WHERE  AS A RESULT THEREOF SUCH ARTIST HAS BEEN EMPLOYED BY SUCH EMPLOY-
   19  ER; OR (II) AFTER AN AGENCY REPRESENTS AN ARTIST IN THE  NEGOTIATION  OR
   20  RENEGOTIATION  OF  AN  ORIGINAL  OR PRE-EXISTING EMPLOYMENT CONTRACT AND
   21  WHERE AS A RESULT THEREOF THE ARTIST ENTERS INTO A NEGOTIATED OR RENEGO-
   22  TIATED EMPLOYMENT CONTRACT. FOR CLASS "C" EMPLOYMENT  PURSUANT  TO  THIS
   23  PARAGRAPH, AN EMPLOYMENT AGENCY SHALL PROVIDE AN ARTIST WITH A STATEMENT
   24  SETTING  FORTH  IN  A  CLEAR  AND  CONCISE MANNER THE PROVISIONS OF THIS
   25  SECTION AND SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
   26    The maximum fees provided for herein for all types  of  placements  or
   27  employment  may be charged to the job applicant and a similar fee may be
   28  charged to the employer provided, however, that with  regard  to  place-
   29  ments in class "B" employment, a fee of up to one and one-half times the
   30  fee  charged  to  the  job  applicant may be charged to the employer. By
   31  agreement with an employment agency, the employer may voluntarily assume
   32  payment of the job applicant's fee. The fees charged to employers by any
   33  licensed person conducting an employment agency for  rendering  services
   34  in  connection  with,  or for providing employment in classes "A", "A-1"
   35  and "B", as hereinafter defined in  subdivision  four  of  this  section
   36  where  the  applicant is not charged a fee shall be determined by agree-
   37  ment between the employer and the employment agency.  No  fee  shall  be
   38  charged  or accepted for the registration of applicants for employees or
   39  employment.
   40    2. Size of fee; payment schedule. The gross fee  charged  to  the  job
   41  applicant  and  the  gross  fee  charged  to the employer each shall not
   42  exceed the amounts  enumerated  in  the  schedules  set  forth  in  this
   43  section,  for any single employment or engagement, except as hereinabove
   44  provided; and such fees shall be subject to the  provisions  of  section
   45  one  hundred  eighty-six  of  this article. Except as otherwise provided
   46  herein, AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency  shall
   47  not  require  an  applicant  while  employed  in  the continental United
   48  States, and paid weekly to pay any fee at a rate  greater  than  in  ten
   49  equal  weekly  [instalments] INSTALLMENTS each of which shall be payable
   50  at the end of each of the first ten weeks of employment, or if paid less
   51  frequently, in five equal installments, each of which shall  be  payable
   52  at  the  end  of the first five pay periods following his employment, or
   53  within a period of ten weeks, whichever period is longer. An  employer's
   54  fee  shall  be  due and payable at the time the applicant begins employ-
   55  ment, unless otherwise determined by agreement between the employer  and
   56  the agency.
       S. 5576--B                          3
    1    S  3.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
    2  affairs law are amended and a new subdivision 5  is  added  to  read  as
    3  follows:
    4    3.  "Theatrical  employment  agency"  means  any person (as defined in
    5  subdivision one hereof) who procures or attempts to  procure  employment
    6  or  engagements  for [circus, vaudeville, the variety field, the legiti-
    7  mate theater, motion pictures, radio, television, phonograph recordings,
    8  transcriptions, opera, concert, ballet, modeling or other entertainments
    9  or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
   10  include  the  business of managing [such] entertainments, exhibitions or
   11  performances, or the artists or attractions constituting the same, where
   12  such business only  incidentally  involves  the  seeking  of  employment
   13  therefor.
   14    4.  "Theatrical  engagement"  means any engagement or employment of [a
   15  person as an actor, performer or entertainer] AN  ARTIST  in  employment
   16  described in subdivision three of this section.
   17    5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
   18  LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
   19  ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
   20  STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
   21  CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
   22  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
   23  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
   24    S 4. This act shall take effect immediately.