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

                                 8209--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1. The general business law is amended by adding a new section
350-f-2 to read as follows:
  S 350-F-2. TALENT SERVICES. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "ARTIST"  MEANS  AN  ACTOR  OR  ACTRESS RENDERING SERVICES ON THE
LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO ARTIST,
MUSICAL ARTIST, MUSICAL  ORGANIZATION,  DIRECTOR  OF  LEGITIMATE  STAGE,
MOTION  PICTURE  OR RADIO PRODUCTIONS, MUSICAL DIRECTOR, WRITER, CINEMA-
TOGRAPHER, COMPOSER, LYRICIST,  ARRANGER,  MODEL,  OR  OTHER  ARTIST  OR
PERSON  RENDERING  PROFESSIONAL  SERVICES IN MOTION PICTURE, THEATRICAL,
RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  (B) "FEE" MEANS ANYTHING OF VALUE, INCLUDING ANY MONEY OR OTHER  VALU-
ABLE  CONSIDERATION  CHARGED,  COLLECTED, RECEIVED, PAID OR PROMISED FOR
ANY SERVICE OR ACT RENDERED OR TO BE RENDERED BY A TALENT SERVICE.
  (C) "PERSON" MEANS  ANY  INDIVIDUAL,  COMPANY,  SOCIETY,  ASSOCIATION,
CORPORATION,  MANAGER,  CONTRACTOR,  SUBCONTRACTOR, PARTNERSHIP, BUREAU,
AGENCY, SERVICE, OFFICE, OR THE AGENT OR EMPLOYEE THEREOF; BUT SHALL NOT
INCLUDE A PUBLIC EDUCATION  INSTITUTION,  A  NONPROFIT  ORGANIZATION,  A
LABOR  ORGANIZATION,  A PUBLIC INSTITUTION OR A PERSON LICENSED PURSUANT
TO ARTICLE ELEVEN OF THIS CHAPTER.
  (D) "TALENT SERVICE" MEANS ANY PERSON WHO, FOR A FEE FROM OR ON BEHALF
OF AN ARTIST, PROVIDES, OR OFFERS TO PROVIDE AN ARTIST, DIRECTLY  OR  BY
REFERRAL  TO ANOTHER PERSON, WITH LESSONS, COACHING, SEMINARS, WORKSHOPS
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.
                                                           LBD06302-07-5
              

A. 8209--A                          2

ANCE,  APTITUDE  TESTING OR CAREER EVALUATION AS AN ARTIST; OR A LIST OF
AUDITIONS, EMPLOYMENT OPPORTUNITIES, TALENT AGENTS OR TALENT MANAGERS.
  2. PROHIBITED ACTS. IT SHALL BE CONSIDERED A DECEPTIVE ACT OR PRACTICE
PURSUANT  TO  SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE AND FALSE
ADVERTISING PURSUANT TO SECTION THREE HUNDRED FIFTY OF THIS ARTICLE  FOR
ANY  TALENT  SERVICE TO MAKE ANY ORAL OR WRITTEN REPRESENTATION THAT THE
TALENT SERVICE WILL OR MAY, DIRECTLY OR INDIRECTLY FOR A FEE, PROCURE OR
ATTEMPT TO PROCURE FOR AN ARTIST AN EMPLOYMENT  OPPORTUNITY  OR  ENGAGE-
MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER.  WRIT-
TEN  REPRESENTATIONS  AND  ADVERTISEMENTS  OF  TALENT SERVICES SHALL NOT
INCLUDE TESTIMONIALS THAT MENTION OR IMPLY ANY SUCCESS IN PROCURING  FOR
AN ARTIST ANY SUCH EMPLOYMENT OPPORTUNITY OR ENGAGEMENT, AUDITION OR JOB
INTERVIEW, OR TALENT AGENT OR MANAGER.
  S 2. This act shall take effect immediately.