Bill Text: NY S02477 | 2023-2024 | General Assembly | Amended


Bill Title: Provides for the registration and duties of model management companies; provides complaint procedures and penalties for violations.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-05-20 - referred to labor [S02477 Detail]

Download: New_York-2023-S02477-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2477--D
            Cal. No. 700

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens. HOYLMAN-SIGAL, ADDABBO, CLEARE, GOUNARDES, JACKSON
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Labor -- committee discharged, bill amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Labor in accordance with Senate Rule 6, sec. 8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          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 labor law, in relation  to  enacting  the  New  York
          state fashion workers act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new article 36 to read
     2  as follows:
     3                                 ARTICLE 36
     4                     NEW YORK STATE FASHION WORKERS ACT
     5  Section 1030. Short title.
     6          1031. Definitions.
     7          1032. Registration required.
     8          1033. Registration process.
     9          1034. Duties of model management companies.
    10          1035. Prohibitions on model management companies.
    11          1036. Power of attorney.
    12          1037. Duties of clients.
    13          1038. Prohibitions on clients.
    14          1039. Violations, penalties and procedures.
    15          1040. Other legal requirements.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02078-08-4

        S. 2477--D                          2

     1    § 1030. Short title. This article shall be known and may be  cited  as
     2  the "New York state fashion workers act".
     3    § 1031. Definitions. As used in this article:
     4    1. "Client" means a retail store, a manufacturer, a clothing designer,
     5  an advertising agency, a photographer, a publishing company or any other
     6  such  person  or  entity  that  receives modeling services from a model,
     7  directly or through intermediaries.
     8    2. "Model" means an individual, regardless of the individual's  status
     9  as an independent contractor or employee, who performs modeling services
    10  for  a  client and/or model management company or who provides showroom,
    11  parts, or fit modeling services.
    12    3. "Model management company" means any person or entity, other than a
    13  person or entity licensed as an employment agency under  article  eleven
    14  of the general business law, that:
    15    (a)  is  in  the  business  of managing models participating in enter-
    16  tainments, exhibitions or performances;
    17    (b) procures or attempts to procure, for a fee, employment or  engage-
    18  ments for persons seeking employment or engagements as models; or
    19    (c)  renders vocational guidance or counselling services to models for
    20  a fee.
    21    4. "Modeling services" means the appearance by a model in photographic
    22  sessions or the engagement of a model in live runway, live,  filmed,  or
    23  taped  performances,  including on social media platforms, requiring the
    24  model to pose, provide an example or standard of artistic expression  or
    25  to  be  a  representation to show the construction or appearance of some
    26  thing or place for purposes of display  or  advertising,  including  the
    27  provisions  of  castings,  fittings, photoshoots, showroom, parts or fit
    28  modeling services.  "Modeling services" includes the use  of  a  digital
    29  replica.
    30    5.   "Exclusive  representation"  means  an  agreement,  or  a  clause
    31  contained in an agreement,  entered  into  between  a  model  management
    32  company  and  a model that restricts such model from performing work for
    33  another party not subject to such agreement for a  specified  period  of
    34  time  or  in  a  specified  geographical  area,  that is similar to such
    35  model's work for the model management company.
    36    6. "Department" means the department of labor and "commissioner" means
    37  the commissioner of labor, except that a city with a population  of  one
    38  million  or  more  may, by local law, designate a city agency to enforce
    39  the provisions of this article within the jurisdiction of such city,  in
    40  which  case  "department"  shall  refer to the agency designated by such
    41  local law and "commissioner" shall refer to the head of such agency.
    42    7. "Deal memo" means a plain language written summary  in  a  language
    43  the  model  sufficiently understands of the key terms of any employment,
    44  engagement, entertainment, exhibition, or performance, including but not
    45  limited to the scope  of  work,  rate  of  pay,  payment  term,  usages,
    46  incurred expenses, and expectations of the model.
    47    8.  "Digital replica" means a significant, computer-generated or arti-
    48  ficial  intelligence-enhanced  representation  of  a  model's  likeness,
    49  including but not limited to, their face, body, or voice, which substan-
    50  tially  replicates  or  replaces  the model's appearance or performance,
    51  excluding routine photographic edits such  as  color  correction,  minor
    52  retouching, or other standard post-production modifications.
    53    § 1032. Registration  required.  A  model management company shall not
    54  engage in business from offices in this state or enter into any arrange-
    55  ment with a person for the purpose of providing model management company
    56  services to persons in this state unless the model management company is

        S. 2477--D                          3

     1  registered under this article. No person shall use  the  name  or  title
     2  "modeling  agency",  "model  management company", or otherwise represent
     3  that it is registered under this article unless the entity or person  is
     4  registered  under this article. A model management company that does not
     5  comply with the provisions of this article shall  not  be  a  registered
     6  model management company in this state.
     7    § 1033. Registration  process. 1. Except as otherwise provided in this
     8  section, each model management company required to be  registered  under
     9  this  article  shall provide the department with information required by
    10  the department on forms that the department  specifies.  At  a  minimum,
    11  model management companies shall provide the following information:
    12    (a) all names under which it conducts business;
    13    (b)  the  address  of  the  principal  place  of business of the model
    14  management company and the address of each office it  maintains  in  New
    15  York state;
    16    (c) the model management company's taxpayer or employer identification
    17  number;
    18    (d)  a list by jurisdiction of each name under which the model manage-
    19  ment company has operated in the preceding  five  years,  including  any
    20  alternative  names, names of predecessors and, if known, successor busi-
    21  ness entities; and
    22    (e) in the event the model management company or the  ultimate  parent
    23  of  a model management group is a privately or closely held company, the
    24  model management company or model management group shall file a list  of
    25  all  persons or entities that beneficially own a five percent or greater
    26  interest in the model management company at the time of application  and
    27  a  list  of  persons  who  formerly beneficially owned a five percent or
    28  greater interest in the model management company or its predecessors  in
    29  the  preceding  five years. In the event the model management company or
    30  the ultimate parent of a model management group  is  a  publicly  traded
    31  company,  the  model  management company or model management group shall
    32  file a list of all persons or entities that  beneficially  own  a  fifty
    33  percent or greater interest in the model management company or the ulti-
    34  mate parent of the model management group at the time of application.
    35    2.  Each  model  management  company operating within this state shall
    36  complete its initial registration within one year  after  the  effective
    37  date of this article.
    38    3.  Within two years of the initial registration or any renewal regis-
    39  tration, each registrant shall renew its registration by  notifying  the
    40  department  of any changes in the information previously provided pursu-
    41  ant to this section.
    42    4. Upon application for registration, a model  management  company  or
    43  model  management  group  with more than five employees that either work
    44  from a location in this state or perform work relating to models in this
    45  state shall deposit with the department a surety  bond  in  the  sum  of
    46  fifty thousand dollars.
    47    5. Every person licensed under the provisions of this article to carry
    48  on  the business of a model management company or model management group
    49  shall pay to the commissioner a  license  fee  in  accordance  with  the
    50  following  schedule  before  such license is issued. The minimum fee for
    51  said license shall be five hundred dollars, and for a  model  management
    52  company  or  model management group operating with more than four place-
    53  ment employees, seven hundred dollars, provided, however,  that  if  the
    54  license is to run less than one year, the fee shall be two hundred fifty
    55  dollars and three hundred fifty dollars respectively, and if the license
    56  is to run less than six months, the fee shall be one hundred twenty-five

        S. 2477--D                          4

     1  dollars  and  one  hundred  seventy-five  dollars  respectively. For the
     2  purpose of determining the license fee which a model management  company
     3  or  model  management  group  shall  pay, the applicant for such license
     4  shall state in the application to the commissioner the average number of
     5  placement employees employed by the applicant's model management company
     6  or model management group during the preceding calendar year; or, in the
     7  event that the applicant has not previously conducted a model management
     8  company  or model management group under the provisions of this article,
     9  he or she shall state the average number of placement employees which he
    10  or she reasonably expects will  be  employed  by  the  model  management
    11  company  or model management group during the calendar year in which the
    12  license is issued. If the application for a license is denied  or  with-
    13  drawn,  one-half of the license fee provided herein shall be returned to
    14  the applicant.
    15    6. Two or more model management companies that are majority  owned  by
    16  the same ultimate parent, entity or persons may be registered as a model
    17  management group. A model management group may satisfy any reporting and
    18  financial  requirements  of  this  article on a consolidated basis. As a
    19  condition of registration as a model management group, each company that
    20  is a member of the group shall guarantee payment of all financial  obli-
    21  gations of each other member.
    22    7.  A  model  management company shall be exempt from the registration
    23  requirements specified in this section if such model management company:
    24    (a) submits a properly executed request for registration and exemption
    25  on a form provided by the department;
    26    (b) is domiciled outside this state and is licensed or registered as a
    27  model management company in another state that has the same  or  greater
    28  requirements as this article; and
    29    (c) does not maintain an office in this state or solicit in any manner
    30  clients located or domiciled within this state.
    31    8.  The registration and exemption of a model management company under
    32  subdivision seven of this section shall be valid for two years.
    33    9. The department shall maintain a list of model management  companies
    34  registered under this article and shall issue a certificate of registra-
    35  tion to each model management company duly registered.
    36    10.  The department may prescribe forms necessary to promote the effi-
    37  cient administration of this section.
    38    § 1034. Duties of model management  companies.    A  model  management
    39  company shall:
    40    1. be deemed to have a fiduciary duty to the models they represent and
    41  shall  be  required  to  act  in good faith, with the utmost honesty and
    42  integrity, in the best interests of  the  models.  This  fiduciary  duty
    43  shall  encompass all aspects of the model management company's represen-
    44  tation, including, but not limited to, negotiations,  contracts,  finan-
    45  cial  management,  and the protection of the models' legal and financial
    46  rights;
    47    2.  conduct due diligence to ensure that any employment or  engagement
    48  booked  through  the model management company does not pose an unreason-
    49  able risk of danger to the model. An unreasonable risk of  danger  shall
    50  include,  but  not be limited to, failing to establish and communicate a
    51  zero tolerance policy for abuse, harassment, or any other form of  inap-
    52  propriate behavior;
    53    3.  use  its  best  efforts to procure employment, engagements, enter-
    54  tainments, exhibitions or performances for a fee for  models  signed  to
    55  the model management company;

        S. 2477--D                          5

     1    4.  ensure  that any employment, engagement, entertainment, exhibition
     2  or performance which requires nudity or other sexually explicit material
     3  shall comply with the  requirements  of  subdivision  three  of  section
     4  fifty-two-c  of  the civil rights law, as added by chapter three hundred
     5  four of the laws of two thousand twenty;
     6    5.  provide models with physical or digital copies of the final agree-
     7  ments the model management company has negotiated with  clients and deal
     8  memos memorializing such agreements, at least twenty-four hours prior to
     9  the commencement of a model's services pertaining to each agreement,  in
    10  a language the model sufficiently understands;
    11    6.  clearly  specify  all  items that may be initially paid for by the
    12  model management company  but  will  ultimately  be  deducted  from  the
    13  compensation  due  to  the  model  at the time of payment or settlement,
    14  together with an itemized recitation as  to  how  each  item  is  to  be
    15  computed,  provided  such  charges  are not otherwise prohibited by this
    16  article. On a quarterly basis, a model shall also be given copies of any
    17  and all documentation held by  or  available  to  the  model  management
    18  company necessary to determine the validity of each charge;
    19    7.    disclose  any  financial relationship, contractual or otherwise,
    20  that may exist between the model  management  company  and  the  client,
    21  other than the agreement relating specifically to modeling services;
    22    8.  notify  former  models  in  writing, including email, if the model
    23  management company collects royalties due to a model whom the management
    24  company no longer represents;
    25    9. post a physical copy of the model management company's  certificate
    26  of  registration  in  a  conspicuous  place  in  the office of the model
    27  management company and a digital copy on the model management  company's
    28  website;
    29    10. include, in clear and legible type, the registration number of the
    30  model  management  company  in any advertisement, including social media
    31  profiles for the model management company, for the purpose of the solic-
    32  itation of models for the model management company and in  any  contract
    33  with a model or client;
    34    11.  submit  to  the  department  a  form  or  forms of contract to be
    35  utilized by such model  management  company  in  entering  into  written
    36  contracts  with  models for the employment or engagement of the services
    37  of such model management company by such models, and secure the approval
    38  of the department thereof, provided the department  shall  not  withhold
    39  approval  unless  such  proposed  form of contract is unfair, unjust and
    40  oppressive to the model; and
    41    12. obtain clear written consent for the creation or use of a  model's
    42  digital replica, detailing the scope, purpose, rate of pay, and duration
    43  of such use. This consent must be obtained separately from the represen-
    44  tation agreement.
    45    § 1035. Prohibitions on model management companies. A model management
    46  company shall not:
    47    1. require or collect any fee or deposit from a model upon the signing
    48  of,  or  as  a  condition  to  entering  into, any contract or agreement
    49  between the model management company and the model;
    50    2. charge more than the daily fair market rate for  accommodation  for
    51  the model;
    52    3. book any accommodation, payment of which shall be provided or reim-
    53  bursed  by  the model in any way, without providing a written disclosure
    54  of the rate charged for the accommodation to the  model  in  advance  of
    55  such model's stay at the accommodation;

        S. 2477--D                          6

     1    4.  deduct or offset from a model's payment or compensation any fee or
     2  expense other than the agreed  upon  commission  as  set  forth  in  the
     3  contract  and  any items advanced pursuant to subdivision six of section
     4  one thousand thirty-four of this article.    Such  prohibited  fees  and
     5  expenses  include  but  are  not  limited to website fees, accommodation
     6  fees, delivery fees, and interest on payment of the model's earnings;
     7    5. advance the cost of travel without informed  written  consent  from
     8  the model;
     9    6.  require  a  model to sign a model management company contract that
    10  contains a term greater than three years;
    11    7. require a model to sign a model management  company  contract  that
    12  renews without the model's affirmative written consent;
    13    8.  impose a commission fee greater than twenty percent of the model's
    14  payment or compensation;
    15    9. take any retaliatory action against any model who files or attempts
    16  to file a complaint pursuant to this article or declines or discontinues
    17  participation in any casting or booking on account of  reasonable,  good
    18  faith  concerns regarding an actual or potential violation of this arti-
    19  cle; or
    20    10. engage in discrimination or harassment of any kind against a model
    21  because of any protected status covered under paragraph (a) of  subdivi-
    22  sion one of section two hundred ninety-six of the executive law; or
    23    11. create, alter, or manipulate a model's digital replica using arti-
    24  ficial  intelligence  without  clear,  conspicuous  and separate written
    25  consent from the model.
    26    § 1036. Power of attorney. 1. Any power of attorney agreement  between
    27  a model management company and a model shall:
    28    (a)  be  presented  as  an  optional component of the model management
    29  company's representation agreement to which the model can opt in or out;
    30    (b) not be presented as a necessary  condition  of  entering  into  an
    31  agreement with the model management company;
    32    (c)  be  subject  to  termination by the model at any time and for any
    33  reason;
    34    (d) not violate the provisions of subdivision one of section one thou-
    35  sand thirty-four of this article; and extend only  to  matters  directly
    36  related to the provision of modeling services, with the exclusion of the
    37  use of the model's digital replica.
    38    2. Any power of attorney agreement that violates this section shall be
    39  considered void as a matter of public policy.
    40    § 1037. Duties of clients. A client shall:
    41    1.  compensate  models at an hourly rate at least fifty percent higher
    42  than the contracted hourly rate for any employment,  engagement,  enter-
    43  tainment,  exhibition  or  performance  that  exceeds eight hours in any
    44  twenty-four hour period;
    45    2. provide at least one thirty minute meal break for  any  employment,
    46  engagement,  entertainment, exhibition or performance that exceeds eight
    47  hours in any twenty-four hour period;
    48    3. only offer an employment or engagement to a  model  that  does  not
    49  pose  an  unreasonable risk of danger to the model. An unreasonable risk
    50  of danger shall include, but not be limited to, failure to establish and
    51  communicate a zero tolerance policy for abuse, harassment, or any  other
    52  form of inappropriate behavior;
    53    4.  ensure  that any employment, engagement, entertainment, exhibition
    54  or performance which requires nudity or other sexually explicit material
    55  shall comply with the  requirements  of  subdivision  three  of  section

        S. 2477--D                          7

     1  fifty-two-c  of  the civil rights law, as added by chapter three hundred
     2  four of the laws of two thousand twenty;
     3    5.  allow the model to be accompanied by their agent, manager, chaper-
     4  one, or other  representative  to  any  employment,  engagement,  enter-
     5  tainment, exhibition or performance;
     6    6.  provide  adequate levels of liability insurance to cover and safe-
     7  guard the health and safety of models; and
     8    7. obtain clear and conspicuous prior written consent for any creation
     9  or use of a model's digital replica, detailing the scope, purpose,  rate
    10  of pay, and duration of such use.
    11    § 1038. Prohibitions on clients. A client shall not:
    12    1.  engage in discrimination or harassment of any kind against a model
    13  because of any protected status covered under paragraph (a) of  subdivi-
    14  sion one of section two hundred ninety-six of the executive law; or
    15    2.  create, alter, or manipulate a model's digital replica using arti-
    16  ficial intelligence without clear and conspicuous prior written  consent
    17  from the model.
    18    § 1039. Violations,  penalties and procedures. 1. Any model management
    19  company or person purporting to be a model management  company  who  has
    20  failed to comply with the registration requirements of section one thou-
    21  sand  thirty-two  of  this article shall be deemed to have violated this
    22  article.
    23    2. Any model management company or person purporting  to  be  a  model
    24  management company who has failed to comply within the time specified by
    25  law  with  an order issued by the commissioner to comply with the regis-
    26  tration requirements of section one thousand thirty-two of this  article
    27  shall be deemed to have violated this article.
    28    3.  Any  client  who  enters into an agreement with a model management
    29  company or person purporting to be a model management  company,  who  is
    30  required to register, but whom the client knows or should have known has
    31  failed  to  register, failed to renew its registration or had its regis-
    32  tration revoked by the commissioner shall be  deemed  to  have  violated
    33  this article.
    34    4.  (a)  The  commissioner  may  impose  a  civil penalty upon a model
    35  management company, a person purporting to be a model management  compa-
    36  ny,  and  all  persons  or  entities  that own a five percent or greater
    37  interest in the model management company, that have been deemed to  have
    38  violated  this  article, for no more than three thousand dollars for the
    39  initial violation, and for no more than  five  thousand  dollars  for  a
    40  second or subsequent violation.
    41    (b)  The  commissioner  may  impose  a  civil  penalty upon any client
    42  described in subdivision three of this section that has been  deemed  to
    43  have  violated this article, for no more than three thousand dollars for
    44  the initial violation, and for no more than five thousand dollars for  a
    45  second or subsequent violation.
    46    (c)  The order imposing such civil penalty may be served personally or
    47  by certified mail at the last known mailing address of the person  being
    48  served.  Such order shall be in writing and shall describe the nature of
    49  the violation, including reference to  the  provisions  of  subdivisions
    50  one, two and three of this section alleged to have been violated.
    51    5.  An  order issued under this section shall be final and not subject
    52  to review by any court or agency unless a  review  is  had  pursuant  to
    53  section one hundred one of this chapter. Provided that no proceeding for
    54  administrative or judicial review as provided in this chapter shall then
    55  be  pending  and  the  time for initiation of such proceeding shall have
    56  expired, the commissioner may file with the county clerk of  the  county

        S. 2477--D                          8

     1  where  the  person against whom the penalty has been imposed has a place
     2  of business the order of the commissioner or the decision of the  indus-
     3  trial  board  of appeals containing the amount of the civil penalty. The
     4  filing of such order or decision shall have the full force and effect of
     5  a judgment duly docketed in the office of such clerk. The order or deci-
     6  sion  may be enforced by and in the name of the commissioner in the same
     7  manner, and with like effect, as that prescribed by the  civil  practice
     8  law and rules for the enforcement of a money judgment.
     9    6.  If any model management company or person purporting to be a model
    10  management company shall have failed to comply within twenty days of  an
    11  order by the commissioner to register or renew registration, the commis-
    12  sioner  may seek to enjoin such unlawful activity, pursuant to the civil
    13  practice law and rules.
    14    7. An aggrieved model may bring and maintain an action in a  court  of
    15  competent  jurisdiction  to  enforce  the  provisions of this article. A
    16  model management company, person purporting to  be  a  model  management
    17  company, or client that violates this article shall be liable for actual
    18  damages  to  any  model that has suffered damages due to such violation,
    19  reasonable attorneys' fees and costs, and, unless  the employer proves a
    20  good faith basis to believe that its actions  were  in  compliance  with
    21  the   law, an additional amount as liquidated damages in an amount of no
    22  more than one hundred percent of the total  amount  of  actual  damages,
    23  except  such  liquidated  damages  may be up to three hundred percent if
    24  found that the actions were willful.
    25    8. The attorney general may bring and maintain an action in a court of
    26  competent jurisdiction to enforce the provisions of  this  article  when
    27  the attorney general has determined there is reasonable cause to believe
    28  that a model management company, person purporting to be a model manage-
    29  ment  company,  or  client has engaged in repeated fraudulent or illegal
    30  acts or otherwise demonstrates persistent fraud  or  illegality  in  the
    31  carrying on, conducting, or transacting of business.
    32    9.  (a)  A  model  who is aggrieved by a violation of this article may
    33  file a complaint with the commissioner within six years after  the  acts
    34  alleged  to  have violated this article occurred. The commissioner shall
    35  prescribe the form of the complaint, which shall include, at a minimum:
    36    (i) the name and mailing address of the model and  of  the  person  or
    37  entity alleged to have violated this article;
    38    (ii)  a statement detailing the terms of the model's contract, includ-
    39  ing a copy of such contract if available;
    40    (iii) the model's occupation;
    41    (iv) a statement detailing the alleged violations of this article; and
    42    (v) a signed affirmation that all facts alleged in the  complaint  are
    43  true.
    44    (b)  (i)  Within  twenty  days  of  receiving  a  complaint alleging a
    45  violation of this article, the commissioner shall  send  the  person  or
    46  entity  named  in  the  complaint  a  written notice of complaint.   The
    47  commissioner shall send such notice by certified mail and shall bear the
    48  cost of sending such notice.
    49    (ii) The notice required by this paragraph shall:
    50    (1) inform the  person  or  entity  named  in  the  complaint  that  a
    51  complaint has been filed alleging violations of this article;
    52    (2)  detail  the  remedies available to a model for violations of said
    53  article by the person or entity named in the complaint;
    54    (3) include a copy of the complaint; and
    55    (4) inform the person or entity named in the complaint that failure to
    56  respond to the complaint will create a  rebuttable  presumption  in  any

        S. 2477--D                          9

     1  civil  action  commenced  pursuant  to  this article that such person or
     2  entity committed the violations alleged in the complaint.
     3    (c)  Within  twenty  days  of  receiving  the notice of complaint, the
     4  person or entity identified in the complaint shall send the commissioner
     5  one of the following:
     6    (i) a written statement that the model has been paid in full and proof
     7  of such payment; or
     8    (ii) a written statement that the model has not been paid in full  and
     9  the reasons for the failure to provide such payment.
    10    (d)  (i)  Within  twenty  days  of receiving the written response, the
    11  commissioner shall send the model a copy of:
    12    (1) the response;
    13    (2) any enclosures submitted to the commissioner with the response;
    14    (3) materials informing the model that the model may bring  an  action
    15  in a court of competent jurisdiction; and
    16    (4) any other information about the status of the complaint.
    17    (ii) If the commissioner receives no response from the person or enti-
    18  ty  alleged  to  have  violated  this article to the notice of complaint
    19  within the time provided by this  subdivision,  the  commissioner  shall
    20  mail a notice of non-response to both the model and the person or entity
    21  named  in  the  complaint  by  regular  mail and shall include with such
    22  notice proof that the  commissioner  previously  mailed  the  notice  of
    23  complaint  to  the  person or entity named in the complaint by certified
    24  mail.  Upon satisfying the requirements of this paragraph,  the  commis-
    25  sioner may close the case.
    26    § 1040. Other legal requirements. Nothing in this article shall dimin-
    27  ish the rights, privileges, wages, working conditions or remedies of any
    28  employee under any applicable collective bargaining agreement.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it  shall have become a law. Effective immediately, the addition, amend-
    31  ment and/or repeal of any rule or regulation necessary for the implemen-
    32  tation of this act on its effective date are authorized to be  made  and
    33  completed on or before such effective date.
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