Bill Text: NY S01852 | 2015-2016 | General Assembly | Amended
Bill Title: Defines and prohibits deceptive acts and practices, and false advertising by talent services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S01852 Detail]
Download: New_York-2015-S01852-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1852--A
2015-2016 Regular Sessions
I N S E N A T E
January 15, 2015
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to deceptive acts
and practices, and false advertising by talent services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 350-f-2 to read as follows:
3 S 350-F-2. TALENT SERVICES. 1. DEFINITIONS. AS USED IN THIS SECTION:
4 (A) "ARTIST" MEANS AN ACTOR OR ACTRESS RENDERING SERVICES ON THE
5 LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO ARTIST,
6 MUSICAL ARTIST, MUSICAL ORGANIZATION, DIRECTOR OF LEGITIMATE STAGE,
7 MOTION PICTURE OR RADIO PRODUCTIONS, MUSICAL DIRECTOR, WRITER, CINEMA-
8 TOGRAPHER, COMPOSER, LYRICIST, ARRANGER, MODEL, OR OTHER ARTIST OR
9 PERSON RENDERING PROFESSIONAL SERVICES IN MOTION PICTURE, THEATRICAL,
10 RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
11 (B) "FEE" MEANS ANYTHING OF VALUE, INCLUDING ANY MONEY OR OTHER VALU-
12 ABLE CONSIDERATION CHARGED, COLLECTED, RECEIVED, PAID OR PROMISED FOR
13 ANY SERVICE OR ACT RENDERED OR TO BE RENDERED BY A TALENT SERVICE.
14 (C) "PERSON" MEANS ANY INDIVIDUAL, COMPANY, SOCIETY, ASSOCIATION,
15 CORPORATION, MANAGER, CONTRACTOR, SUBCONTRACTOR, PARTNERSHIP, BUREAU,
16 AGENCY, SERVICE, OFFICE, OR THE AGENT OR EMPLOYEE THEREOF; BUT SHALL NOT
17 INCLUDE A PUBLIC EDUCATION INSTITUTION, A NONPROFIT ORGANIZATION, A
18 LABOR ORGANIZATION, A PUBLIC INSTITUTION OR A PERSON LICENSED PURSUANT
19 TO ARTICLE ELEVEN OF THIS CHAPTER.
20 (D) "TALENT SERVICE" MEANS ANY PERSON WHO, FOR A FEE FROM OR ON BEHALF
21 OF AN ARTIST, PROVIDES, OR OFFERS TO PROVIDE AN ARTIST, DIRECTLY OR BY
22 REFERRAL TO ANOTHER PERSON, WITH LESSONS, COACHING, SEMINARS, WORKSHOPS
23 OR SIMILAR TRAINING AS AN ARTIST; CAREER COUNSELING, VOCATIONAL GUID-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06302-06-5
S. 1852--A 2
1 ANCE, APTITUDE TESTING OR CAREER EVALUATION AS AN ARTIST; OR A LIST OF
2 AUDITIONS, EMPLOYMENT OPPORTUNITIES, TALENT AGENTS OR TALENT MANAGERS.
3 2. PROHIBITED ACTS. IT SHALL BE CONSIDERED A DECEPTIVE ACT OR PRACTICE
4 PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE AND FALSE
5 ADVERTISING PURSUANT TO SECTION THREE HUNDRED FIFTY OF THIS ARTICLE FOR
6 ANY TALENT SERVICE TO MAKE ANY ORAL OR WRITTEN REPRESENTATION THAT THE
7 TALENT SERVICE WILL OR MAY, DIRECTLY OR INDIRECTLY FOR A FEE, PROCURE OR
8 ATTEMPT TO PROCURE FOR AN ARTIST AN EMPLOYMENT OPPORTUNITY OR ENGAGE-
9 MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER. WRIT-
10 TEN REPRESENTATIONS AND ADVERTISEMENTS OF TALENT SERVICES SHALL NOT
11 INCLUDE TESTIMONIALS THAT MENTION OR IMPLY ANY SUCCESS IN PROCURING FOR
12 AN ARTIST ANY SUCH EMPLOYMENT OPPORTUNITY OR ENGAGEMENT, AUDITION OR JOB
13 INTERVIEW, OR TALENT AGENT OR MANAGER.
14 S 2. This act shall take effect immediately.
