Bill S7173B-2013

Relates to fees charged by employment agencies

Relates to the fees charged by a theatrical employment agency; prohibits the charging of a fee if the theatrical employment agency is not licensed.

Details

Actions

  • Jun 17, 2014: SUBSTITUTED BY A9396B
  • Jun 17, 2014: ORDERED TO THIRD READING CAL.1473
  • Jun 17, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 7173B
  • Jun 10, 2014: AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • Jun 2, 2014: PRINT NUMBER 7173A
  • Jun 2, 2014: AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • May 1, 2014: REFERRED TO CONSUMER PROTECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger, Parker, Perkins, Espaillat, Gianaris
Ayes W/R (1): Montgomery
Excused (1): Hassell-Thompson

Memo

BILL NUMBER:S7173B

TITLE OF BILL: An act to amend the general business law, in relation to fees charged by employment agencies

PURPOSE:

This bill would protect performing artists, as well as others seeking employment, from unlicensed employment agents by prohibiting unlicensed agents from collecting fees.

SUMMARY OF PROVISIONS:

Section one of the bill amends General Business Law (GBL) section 185 by adding a new subdivision 10 which provides that no fee may be charged or collected by an unlicensed employment agency, and that in any action to collect a fee, an agreement or contract with an unlicensed employment agency will be void at the defendant's option. 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.

The A-print achieved the same broad goal as the original bill, but did so by adding a new subdivision 10 that applies to all employment agencies, rather than amending subdivision 8, which applies only to theatrical employment agencies. In addition, the language regarding voidability of a contract was substituted for the language that provided an absolute defense in an action to collect a fee.

The B-print changes the word voidable to void in new subdivision 10, and also revises the bill's title so that it accurately reflects the bill's application to all employment agencies.

JUSTIFICATION:

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 additional defense if he or she is facing a collection action brought by an unlicensed agent.

LEGISLATIVE HISTORY:

Same as A.9396-B

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7173--B 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to fees charged by employment agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 185 of the general business law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO FEE MAY BE CHARGED OR COLLECTED BY AN EMPLOYMENT AGENCY NOT LICENSED PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE. ANY AGREE- MENT OR CONTRACT WITH AN UNLICENSED EMPLOYMENT AGENCY SHALL RENDER THE AGREEMENT OR CONTRACT VOID IN ANY ACTION TO COLLECT A FEE, AT THE OPTION OF THE DEFENDANT TO SUCH ACTION. S 2. This act shall take effect immediately.

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