Bill Text: NY A08614 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the definition of an artist and theatrical employment agencies.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2012-10-03 - signed chap.460 [A08614 Detail]

Download: New_York-2011-A08614-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8614
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 21, 2011
                                      ___________
       Introduced  by  M.  of A. TITONE, STEVENSON, JAFFEE, BOYLAND, MILLMAN --
         Multi-Sponsored by -- M. of A. COLTON, GABRYSZAK, McENENY,  P. RIVERA,
         SCHIMMINGER -- read once and referred to the Committee on Labor
       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.
   21    9. "Theatrical engagement" means any engagement or  employment  of  [a
   22  person  as an actor, performer or entertainer in employment described in
   23  subdivision eight of this section] AN ARTIST.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11532-01-1
       A. 8614                             2
    1    S 2. Subdivision 1 of section 181 of  the  general  business  law,  as
    2  added by chapter 632 of the laws of 1975, is amended to read as follows:
    3    1. A true copy of every contract executed between such agency and such
    4  applicant,  which shall have printed on it or attached to it a statement
    5  setting forth in a clear and concise manner the provisions  of  sections
    6  one  hundred  eighty-five,  and  one hundred eighty-six of this article;
    7  PROVIDED HOWEVER, THAT CONTRACTS FOR  CLASS  C  EMPLOYMENT  MAY  INSTEAD
    8  PROVIDE  NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED EIGHTY-FIVE
    9  AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
   10    S 3. Subdivisions 1 and 2 of section 185 of the general business  law,
   11  as  amended  by  chapter 617 of the laws of 1988, are amended to read as
   12  follows:
   13    1. Circumstances permitting fee. An employment agency shall not charge
   14  or accept a fee or other consideration unless  in  accordance  with  the
   15  terms  of a written contract with a job applicant, except: (A) for class
   16  "A" [and], "A-1" AND "C" employment[, and except] after such agency  has
   17  been responsible for referring such job applicant to an employer or such
   18  employer  to  a  job  applicant  and  where as a result thereof such job
   19  applicant has been employed by such employer; OR, (B)  IN  THE  CASE  OF
   20  CLASS "C" EMPLOYMENT AFTER AN AGENCY REPRESENTS AN ARTIST IN THE NEGOTI-
   21  ATION  OR  RENEGOTIATION  OF  AN  ORIGINAL  OR  PRE-EXISTING  EMPLOYMENT
   22  CONTRACT. The maximum fees provided for herein for all types  of  place-
   23  ments  or  employment  may be charged to the job applicant and a similar
   24  fee may be charged to the employer provided, however, that  with  regard
   25  to  placements  in class "B" employment, a fee of up to one and one-half
   26  times the fee charged to the job applicant may be charged to the employ-
   27  er. By agreement with an employment agency, the employer may voluntarily
   28  assume payment of the job applicant's fee. The fees charged to employers
   29  by any licensed person conducting an  employment  agency  for  rendering
   30  services in connection with, or for providing employment in classes "A",
   31  "A-1"  and  "B",  as  hereinafter  defined  in  subdivision four of this
   32  section where the applicant is not charged a fee shall be determined  by
   33  agreement  between  the employer and the employment agency. No fee shall
   34  be charged or accepted for the registration of applicants for  employees
   35  or employment.
   36    2.  Size  of  fee;  payment schedule. The gross fee charged to the job
   37  applicant and the gross fee charged  to  the  employer  each  shall  not
   38  exceed  the  amounts  enumerated  in  the  schedules  set  forth in this
   39  section, for any single employment or engagement, except as  hereinabove
   40  provided;  and  such  fees shall be subject to the provisions of section
   41  one hundred eighty-six of this article.  Except  as  otherwise  provided
   42  herein,  AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency shall
   43  not require an  applicant  while  employed  in  the  continental  United
   44  States,  and  paid  weekly  to pay any fee at a rate greater than in ten
   45  equal weekly [instalments] INSTALLMENTS each of which shall  be  payable
   46  at the end of each of the first ten weeks of employment, or if paid less
   47  frequently,  in  five equal installments, each of which shall be payable
   48  at the end of the first five pay periods following  his  employment,  or
   49  within  a period of ten weeks, whichever period is longer. An employer's
   50  fee shall be due and payable at the time the  applicant  begins  employ-
   51  ment,  unless otherwise determined by agreement between the employer and
   52  the agency.
   53    S 4. Subdivisions 3 and 4 of section 37.01 of the  arts  and  cultural
   54  affairs  law  are  amended  and  a new subdivision 5 is added to read as
   55  follows:
       A. 8614                             3
    1    3. "Theatrical employment agency" means  any  person  (as  defined  in
    2  subdivision  one  hereof) who procures or attempts to procure employment
    3  or engagements for [circus, vaudeville, the variety field,  the  legiti-
    4  mate theater, motion pictures, radio, television, phonograph recordings,
    5  transcriptions, opera, concert, ballet, modeling or other entertainments
    6  or  exhibitions  or  performances]  AN  ARTIST,  but  such term does not
    7  include the business of managing [such] entertainments,  exhibitions  or
    8  performances, or the artists or attractions constituting the same, where
    9  such  business  only  incidentally  involves  the  seeking of employment
   10  therefor.
   11    4. "Theatrical engagement" means any engagement or  employment  of  [a
   12  person  as  an  actor, performer or entertainer] AN ARTIST in employment
   13  described in subdivision three of this section.
   14    5. "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON  THE
   15  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.
   21    S 5. This act shall take effect immediately.
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