S T A T E O F N E W Y O R K
________________________________________________________________________
5886
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. ESPAILLAT -- Multi-Sponsored by -- M. of A.
BOYLAND, ROBINSON -- read once and referred to the Committee on
Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to employment
agencies and their regulation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 171 of the general business law is
amended by adding a new paragraph f to read as follows:
F. "EMPLOYMENT AGENCY" INCLUDES ANY BUSINESS ENTITY THAT MANAGES,
REPRESENTS, REFERS FOR EMPLOYMENT, OR SUBSTANTIALLY CONTROLS EMPLOYMENT
OPPORTUNITIES FOR FASHION INDUSTRY PROFESSIONALS, INCLUDING, BUT NOT
LIMITED TO, MODELS, PHOTOGRAPHERS, STYLISTS, MAKE-UP ARTISTS, PHOTOGRA-
PHERS' ASSISTANTS, AND HAIR STYLISTS.
S 2. Section 171 of the general business law is amended by adding a
new subdivision 12 to read as follows:
12. "COMPOSITE CARD" MEANS ANY COLLECTION OR GROUPING OF PHOTOGRAPHS
OR OTHER IMAGES WITH OR WITHOUT A DESCRIPTION OF THE SUBJECT PERSON'S
PHYSICAL ATTRIBUTES.
S 3. Section 172 of the general business law, as amended by chapter
617 of the laws of 1988, is amended to read as follows:
S 172. License required. No person shall open, keep, maintain, own,
operate, or carry on any employment agency OR MODELING OR TALENT MANAGE-
MENT AGENCY NOR ADVERTISE OR OTHERWISE SOLICIT THE PUBLIC IN ANY WAY
WHICH ALLUDES TO OBTAINING EMPLOYMENT FOR MEMBERS OF THE PUBLIC unless
such person shall have first procured a license therefor as provided in
this article. Such license shall be issued by the commissioner of labor,
except that if the employment agency OR MODELING OR TALENT MANAGEMENT
AGENCY is to be conducted in the city of New York, such license shall be
issued by the commissioner of consumer affairs of such city. Such
license shall be posted in a conspicuous place in said agency.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09090-01-9
A. 5886 2
S 4. Subdivision 3 of section 185 of the general business law, as
amended by chapter 1010 of the laws of 1960, is amended to read as
follows:
3. Deposits, advance fees. Notwithstanding any other provisions of
this section, an employment agency, may not require a deposit [or],
advance fee, REGISTRATION FEE OR ANY OTHER PRELIMINARY FEE from any
applicant OR OTHER MEMBER OF THE PUBLIC SEEKING TO DO BUSINESS WITH SAID
AGENCY, except an applicant for class "A" or class "A1" employment, and
only to the extent of the maximum fees hereinafter provided. Such depos-
it or advance fee shall be offset against any fee charged or accepted
when such employment is obtained. Any excess above the lawful fee shall
be returned without demand therefor, immediately after the employment
agency OR MODELING OR TALENT MANAGEMENT AGENCY has been notified that
such employment has been obtained; and all of such deposit or advance
fee shall be returned immediately upon demand therefor, if at the time
of the demand such employment has not been obtained.
S 5. Subdivision 3 of section 187 of the general business law, as
added by chapter 893 of the laws of 1958, is amended and two new subdi-
visions 15 and 16 are added to read as follows:
(3) Advertise in newspapers or otherwise, or use letterheads or
receipts or other written or printed matter, unless such advertising or
other matter contains the name and address of the employment agency OR
MODELING OR TALENT MANAGEMENT AGENCY and the word "agency", TOGETHER
WITH ITS LICENSING AUTHORITY AND LICENSE NUMBER.
(15) ACCEPT A COMMISSION OR FEE OR ENTER INTO ANY OTHER ARRANGEMENT
WHEREBY SUCH AGENCY RECEIVES, DIRECTLY OR INDIRECTLY, REMUNERATION OR
ANY OTHER THING OF VALUE FROM ANY PERSON, FIRM, PARTNERSHIP, LIMITED
LIABILITY COMPANY, ASSOCIATION, CORPORATION, OR OTHER ENTITY WHICH
COLLECTS FEES FROM APPLICANTS INCLUDING, BUT NOT LIMITED TO, PERSONS OR
ENTITIES PROVIDING PRINTING, COMPOSITE CARDS, OR PHOTOGRAPHY SERVICES.
(16) SELL, CHARGE A FEE FOR OR ACCEPT A FEE, DIRECTLY OR INDIRECTLY,
FOR THE TAKING, PROCESSING, OR DEVELOPING OF PHOTOGRAPHS OR OTHER IMAGES
OR COMPOSITE CARDS.
S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, any rules and regu-
lations necessary for the timely implementation of this act on its
effective date shall be promulgated on or before such date.