A8614B-2011 Actions

• Oct 3, 2012: signed chap.460
• Sep 21, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.72
• Jun 21, 2012: SUBSTITUTED FOR S5576B
• Jun 18, 2012: REFERRED TO RULES
• Jun 18, 2012: delivered to senate
• Jun 18, 2012: passed assembly
• Jun 13, 2012: ordered to third reading rules cal.160
• Jun 13, 2012: rules report cal.160
• Jun 13, 2012: reported
• Jun 12, 2012: reported referred to rules
• Jun 6, 2012: print number 8614b
• Jun 6, 2012: amend and recommit to codes
• Jun 6, 2012: reported referred to codes
• May 31, 2012: print number 8614a
• May 31, 2012: amend and recommit to labor
• Jan 4, 2012: referred to labor
• Sep 21, 2011: referred to labor

A8614B-2011 Votes

A8614B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   8614--B

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                             September 21, 2011
                                 ___________

  Introduced  by  M.  of  A.  TITONE, STEVENSON, JAFFEE, BOYLAND, MILLMAN,
    DenDEKKER -- Multi-Sponsored by -- M. of A. COLTON, GABRYSZAK, HOOPER,
    McENENY, P. RIVERA, SCHIMMINGER --  read  once  and  referred  to  the
    Committee on Labor -- recommitted to the Committee on Labor in accord-
    ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee  --  reported  and referred to the Committee on Codes -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  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:


    Section 1. Subdivisions 8 and 9 of section 171 of the general business
  law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
  new subdivision 8-a is added to read as follows:

    8.  "Theatrical  employment  agency"  means  any person (as defined in
  subdivision seven of this section) who procures or attempts  to  procure
  employment  or  engagements  for [circus, vaudeville, the variety field,
  the legitimate theater, motion pictures, radio,  television,  phonograph
  recordings,  transcriptions,  opera,  concert, ballet, modeling or other
  entertainments or exhibitions or performances] AN ARTIST, but such  term
  does not include the business of managing [such] entertainments, exhibi-
  tions  or  performances,  or the artists or attractions constituting the
  same, where such business only  incidentally  involves  the  seeking  of
  employment therefor.
    8-A.  "ARTIST"  SHALL  MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
  THE LEGITIMATE STAGE AND IN THE PRODUCTION  OF  MOTION  PICTURES,  RADIO
  ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
  STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
  CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11532-04-2

 A. 8614--B                          2

  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
    9.  "Theatrical  engagement"  means any engagement or employment of [a
  person as an actor, performer or entertainer in employment described  in
  subdivision eight of this section] AN ARTIST.
    S  2. Subdivisions 1 and 2 of section 185 of the general business law,
  as amended by chapter 617 of the laws of 1988, are amended  to  read  as
  follows:

    1. Circumstances permitting fee. An employment agency shall not charge
  or  accept  a  fee  or other consideration unless in accordance with the
  terms of a written contract with a job applicant, except:

    (A) for class "A" and "A-1" employment, and except after  such  agency
  has  been responsible for referring such job applicant to an employer or
  such employer to a job applicant and where as a result thereof such  job
  applicant has been employed by such employer; AND
    (B) FOR CLASS "C" EMPLOYMENT: (I) AFTER AN AGENCY HAS BEEN RESPONSIBLE
  FOR REFERRING AN ARTIST TO AN EMPLOYER OR SUCH EMPLOYER TO AN ARTIST AND
  WHERE  AS A RESULT THEREOF SUCH ARTIST HAS BEEN EMPLOYED BY SUCH EMPLOY-
  ER; OR (II) AFTER AN AGENCY REPRESENTS AN ARTIST IN THE  NEGOTIATION  OR
  RENEGOTIATION  OF  AN  ORIGINAL  OR PRE-EXISTING EMPLOYMENT CONTRACT AND
  WHERE AS A RESULT THEREOF THE ARTIST ENTERS INTO A NEGOTIATED OR RENEGO-
  TIATED EMPLOYMENT CONTRACT. FOR CLASS "C" EMPLOYMENT  PURSUANT  TO  THIS
  PARAGRAPH, AN EMPLOYMENT AGENCY SHALL PROVIDE AN ARTIST WITH A STATEMENT
  SETTING  FORTH  IN  A  CLEAR  AND  CONCISE MANNER THE PROVISIONS OF THIS
  SECTION AND SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
    The maximum fees provided for herein for all types  of  placements  or
  employment  may be charged to the job applicant and a similar fee may be
  charged to the employer provided, however, that with  regard  to  place-
  ments in class "B" employment, a fee of up to one and one-half times the
  fee  charged  to  the  job  applicant may be charged to the employer. By
  agreement with an employment agency, the employer may voluntarily assume
  payment of the job applicant's fee. The fees charged to employers by any
  licensed person conducting an employment agency for  rendering  services
  in  connection  with,  or for providing employment in classes "A", "A-1"
  and "B", as hereinafter defined in  subdivision  four  of  this  section
  where  the  applicant is not charged a fee shall be determined by agree-
  ment between the employer and the employment agency.  No  fee  shall  be
  charged  or accepted for the registration of applicants for employees or
  employment.
    2. Size of fee; payment schedule. The gross fee  charged  to  the  job
  applicant  and  the  gross  fee  charged  to the employer each shall not
  exceed the amounts  enumerated  in  the  schedules  set  forth  in  this
  section,  for any single employment or engagement, except as hereinabove
  provided; and such fees shall be subject to the  provisions  of  section
  one  hundred  eighty-six  of  this article. Except as otherwise provided
  herein, AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency  shall
  not  require  an  applicant  while  employed  in  the continental United
  States, and paid weekly to pay any fee at a rate  greater  than  in  ten
  equal  weekly  [instalments] INSTALLMENTS each of which shall be payable
  at the end of each of the first ten weeks of employment, or if paid less
  frequently, in five equal installments, each of which shall  be  payable
  at  the  end  of the first five pay periods following his employment, or
  within a period of ten weeks, whichever period is longer. An  employer's
  fee  shall  be  due and payable at the time the applicant begins employ-
  ment, unless otherwise determined by agreement between the employer  and
  the agency.

 A. 8614--B                          3

    S  3.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
  affairs law are amended and a new subdivision 5  is  added  to  read  as
  follows:

    3.  "Theatrical  employment  agency"  means  any person (as defined in
  subdivision one hereof) who procures or attempts to  procure  employment
  or  engagements  for [circus, vaudeville, the variety field, the legiti-
  mate theater, motion pictures, radio, television, phonograph recordings,
  transcriptions, opera, concert, ballet, modeling or other entertainments
  or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
  include  the  business of managing [such] entertainments, exhibitions or
  performances, or the artists or attractions constituting the same, where
  such business only  incidentally  involves  the  seeking  of  employment
  therefor.
    4.  "Theatrical  engagement"  means any engagement or employment of [a
  person as an actor, performer or entertainer] AN  ARTIST  in  employment
  described in subdivision three of this section.
    5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
  LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
  ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
  STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
  CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
  ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
  THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
    S 4. This act shall take effect immediately.