A8614-2011 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

A8614-2011 Votes

A8614-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8614
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

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
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11532-01-1
 
       A. 8614                             2
 

S 2. Subdivision 1 of section 181 of  the  general  business  law,  as
 added by chapter 632 of the laws of 1975, is amended to read as follows:

 1. A true copy of every contract executed between such agency and such
 applicant,  which shall have printed on it or attached to it a statement
 setting forth in a clear and concise manner the provisions  of  sections
 one  hundred  eighty-five,  and  one hundred eighty-six of this article;
 PROVIDED HOWEVER, THAT CONTRACTS FOR  CLASS  C  EMPLOYMENT  MAY  INSTEAD
 PROVIDE  NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED EIGHTY-FIVE
 AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
 

S 3. 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" AND "C" 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; OR, (B)  IN  THE  CASE  OF
 CLASS "C" EMPLOYMENT AFTER AN AGENCY REPRESENTS AN ARTIST IN THE NEGOTI
 ATION  OR  RENEGOTIATION  OF  AN  ORIGINAL  OR  PRE-EXISTING  EMPLOYMENT
 CONTRACT. The maximum fees provided for herein for all types  of  place
 ments  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  placements  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 employ
 er. 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
 agreement  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.
 

S 4. 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:

 
       A. 8614                             3
 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 5. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!