senate Bill S7173

Amended

Relates to fees charged by employment agencies

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

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

Summary

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

do you support this bill?

Bill Details

Versions:
S7173
S7173A
S7173B
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Amd ยง185, Gen Bus L
Versions Introduced in 2013-2014 Legislative Cycle:
A9396B

Sponsor Memo

BILL NUMBER:S7173

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

PURPOSE:

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.

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

LEGISLATIVE HISTORY:

A.9369.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately

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

                                  7173

                            I N  S E N A T E

                               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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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