Relates to the fees charged by a theatrical employment agency; prohibits the charging of a fee if the theatrical employment agency is not licensed.
TITLE OF BILL: An act to amend the general business law, in relation to fees charged by a theatrical employment agency
This bill would protect performing artists from unlicensed theatrical employment agents by prohibiting unlicensed agents from collecting fees.
SUMMARY OF PROVISIONS:
Section one of the bill amends General Business Law (GBL) section 185, subdivision 8, to provide that an unlicensed theatrical agent may not charge or collect a fee from an artist that the agent purports to represent, and that in an action to collect on a fee, it shall be an absolute defense that the agent is not licensed. GBL section 172 requires employment agencies, which include theatrical employment agencies, to be licensed. This legislation would provide an additional enforcement mechanism for that requirement, by prohibiting unlicensed agents from charging or collecting fees.
General Business Law section 172 requires employment agencies, including theatrical employment agencies, to be licensed. This protection for performing artists, especially important for younger and more inexperienced artists who may not be sophisticated in their dealings with agents, will be strengthened by this legislation. It will provide an additional enforcement mechanism for that requirement, by prohibiting unlicensed agents from charging or collecting fees, and providing the artist with an absolute defense if he or she is facing a collection action brought by an unlicensed agent.
This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 7173 IN SENATE May 1, 2014 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to fees charged by a theatrical employment agency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 185 of the general business law, as amended by chapter 1083 of the laws of 1960, is amended to read as follows: 8. Fee ceiling: For a placement in class "C" employment the gross fee shall not exceed, for a single engagement, ten
[per cent]PERCENT of the compensation payable to the applicant, except that for employment or engagements for orchestras and for employment or engagements in the opera and concert fields such fees shall not exceed twenty [per cent]PERCENT of the compensation. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO FEE MAY BE CHARGED OR COLLECTED BY A THEATRICAL EMPLOYMENT AGEN- CY NOT LICENSED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE; IT SHALL BE AN ABSOLUTE DEFENSE IN ANY ACTION TO COLLECT A FEE THAT THE THEATRICAL EMPLOYMENT AGENCY IS NOT LICENSED. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14827-01-4