senate Bill S7173B

Relates to fees charged by employment agencies

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Bill Status


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

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Bill Details

See Assembly Version of this Bill:
A9396B
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: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.


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

                                 7173--B

                            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  --
  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.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14827-05-4

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