Bill S5486-2013

Includes in the definition of "artistic and creative services", for the purposes of the employment and education of child performers, the services of runway and print models; repealer

Includes in the definition of "artistic and creative services", for the purposes of the employment and education of child performers, the services of runway and print models; makes conforming changes to the arts and cultural affairs law.

Details

Actions

  • Oct 21, 2013: SIGNED CHAP.411
  • Oct 9, 2013: DELIVERED TO GOVERNOR
  • Jun 12, 2013: returned to senate
  • Jun 12, 2013: passed assembly
  • Jun 12, 2013: ordered to third reading rules cal.283
  • Jun 12, 2013: substituted for a7787
  • Jun 12, 2013: referred to labor
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 5, 2013: ADVANCED TO THIRD READING
  • Jun 4, 2013: 2ND REPORT CAL.
  • Jun 3, 2013: 1ST REPORT CAL.954
  • May 16, 2013: REFERRED TO LABOR

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 3, 2013
Ayes (15): Savino, Ball, DeFrancisco, Gallivan, Grisanti, Hannon, Marcellino, Marchione, Martins, Robach, Peralta, Addabbo, Dilan, Perkins, Rivera
Ayes W/R (1): Sanders

Memo

BILL NUMBER:S5486

TITLE OF BILL: An act to amend the labor law and the arts and cultural affairs law, in relation to expanding the definition of "artistic and creative services", for purposes of the employment and education of child performers, to include the services of runway and print models; and to repeal section 35.05 of the arts and cultural affairs law relating to employment of children as models

PURPOSE OR GENERAL IDEA OF BILL: To provide for and incorporate the protections covered under Article 4-A of the Labor Law and Article 35 of the Arts and Cultural Affairs Law which governs the conditions of employment and the education of child performers to include child models.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Labor Law § 150 to include within the definition of "artistic or creative services" of Article 4-A of the Labor Law "runway and print models". Article 4-A of the Labor Law relates to the employment and education requirements that need to be complied with to also protect child performers.

Section 2: Amends Arts and Cultural Affairs Law section 35.01(1) to include within this Article 35 those child performers who "model" in addition those who sing, dance, play a musical instrument or act. This section lists the kinds of performance activities that are covered and protected under this Article 35 as it relates to the provisions of the law to protect child performers.

Section 3: Amends Arts and Cultural Affairs Law section 35.03 to include those child performers who "model" that may also be required to obtain judicial approval of certain contracts for the services of infants. Under current law, child performers who act, dance, are musicians or vocalists are currently covered under the provisions of this act. This bill merely adds those infants who enter into contracts to model.

Section 4: Repeals Arts and Cultural Affairs Law section 35.05 that relates to separate provisions of the law that relate to the employment of children as models. This section is repealed because it has been incorporated into the earlier sections of this bill.

Section 5: This act shall take effect on the thirtieth day after it shall become law and any necessary rules and regulations necessary for implementation are authorized immediately.

JUSTIFICATION: The dangers child models face have often gone unnoticed in the mainstream and there are few adequate protections for them currently in law. Child models are frequently exposed to sexual harassment and do not have adequate protections under the law when it comes to education and financial protections. These very same protections are provided to virtually every other child performer under the law.

Article 4-A of the Labor Law governs the employment and education of child performers. Labor Law § 150(2) defines "child performer" as any

child under the age of eighteen who (a) resides in the state of New York and who agrees to render artistic or creative services; or (b) agrees to render artistic or creative services in the state of New York. Labor Law § 150(1) defines "artistic or creative services" to include "services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer." By amending the Labor Law to include "runway and print models" in the definition of artistic or creative services possible for a child performer in Labor Law § 150(1), we can ensure that child models have the same protections of all other child performers.

This bill is strongly supported by the Model Alliance. The Model Alliance specifically recognizes that child models are vulnerable. Most models start their careers in their early teens and adequate protections are not afforded to these individuals. This bill will ensure that the protections applicable to child performers will extend to child models.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 30 days after it shall become law, that any necessary rules and regulations necessary for implementation are authorized immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5486 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the arts and cultural affairs law, in relation to expanding the definition of "artistic and creative services", for purposes of the employment and education of child performers, to include the services of runway and print models; and to repeal section 35.05 of the arts and cultural affairs law relating to employment of children as models THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 150 of the labor law, as added by chapter 630 of the laws of 2003, is amended to read as follows: 1. "Artistic or creative services" shall include, but are not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, RUNWAY OR PRINT MODEL, or other performer or entertainer, or as a songwriter, musical producer or arran- ger, writer, director, producer, production executive, choreographer, composer, conductor, or designer. S 2. Paragraph (a) of subdivision 1 of section 35.01 of the arts and cultural affairs law, as amended by chapter 35 of the laws of 2004, is amended to read as follows: (a) In singing; or dancing; OR MODELING; or playing upon a musical instrument; or acting, or in rehearsing for, or performing in a theatri- cal performance or appearing in a pageant; or as a subject for use, in or for, or in connection with the making of a motion picture film; or S 3. Paragraph (a) of subdivision 1 of section 35.03 of the arts and cultural affairs law is amended to read as follows: (a) the infant is to perform or render services as an actor, actress, MODEL, dancer, musician, vocalist or other performing artist, or as a participant or player in professional sports, or S 4. Section 35.05 of the arts and cultural affairs law is REPEALED.
S 5. This act shall take effect on the thirtieth day after it shall have become a law, provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act are authorized to be promulgated on or before such date.

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