S T A T E   O F   N E W   Y O R K
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                                  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.