senate Bill S5576B

Signed By Governor
2011-2012 Legislative Session

Relates to the definition of artists and theatrical employment agencies

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Archive: Last Bill Status Via A8614 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.460
Sep 21, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.72
substituted for s5576b
Jun 21, 2012 substituted by a8614b
Jun 18, 2012 amended on third reading 5576b
Jun 04, 2012 amended on third reading 5576a
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.72
Jan 04, 2012 referred to consumer protection
returned to senate
died in assembly
Jun 20, 2011 referred to labor
delivered to assembly
passed senate
ordered to third reading cal.1395
Jun 03, 2011 referred to rules

Votes

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Jan 18, 2012 - Consumer Protection committee Vote

S5576
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 20, 2011 - Rules committee Vote

S5576
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5576 - Bill Details

See Assembly Version of this Bill:
A8614B
Law Section:
General Business Law
Laws Affected:
Amd §§171, 181 & 185, Gen Bus L; amd §37.01, Arts & Cul L

S5576 - Bill Texts

view summary

Relates to the definition of an artist and theatrical employment agencies.

view sponsor memo
BILL NUMBER:S5576

TITLE OF BILL:
An act
to amend the general business law and the arts and cultural affairs law,
in relation to theatrical employment agencies

PURPOSE OF THE BILL:
To clarify and create consistency in the
regulation of theatrical employment agencies.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 4 of the bill would
amend the General Business Law and the Arts and Cultural Law,
respectively, to add a definition of "artist" and to make
corresponding amendments to definitions of "theatrical employment
agency" and "theatrical engagement."

Section 2 would amend the general business law to authorize theatrical
employment agencies to provide, with any written contracts, notices
stating that statutory provisions related to fees and fee refunds
apply.

Section 3 would amend the general business law to provide that, as is
the case for other types of employment agencies and consistent with
widespread practice, a theatrical employment agency may charge a fee
absent a written contract if the agency is responsible for referring
the job applicant to an employer or an employer to a job applicant
which results in employment for such applicant. The bill would
clarify a fee is permitted where such theatrical employment agency
represents an artist in a negotiation or renegotiation of an original
or pre-existing contract. The bill would exempt theatrical employment
agencies from the inapplicable requirement of offering installment
plans.

JUSTIFICATION:

Specifically, the bill would amend the definition of theatrical
engagements which are currently limited to actors and performers and
as Class C employment. Thus, all other theatrical-related engagements
for writers; directors, and cinematographers, among others, are
classified as Class B employment - along with clerical workers. Class
B statutory requirements are based on monthly salaries for job
applicants and have little applicability to theatrical engagements.
The bill would modernize
these definitions so employment related to theatrical engagements
- including for writers, directors and cinematographers - are
appropriately classified as Class C and are not subject to the
incompatible requirements for Class B employment.

The bill would also authorize theatrical employment agencies to
provide a notice of applicable provisions relating to fee ceilings
and return of fees in written contracts relating to theatrical
engagements. The current statutory provisions relate principally to
fees and fee refunds concerning domestics, laborers, industrial


workers and mechanics and not artists - and are confusing in the
context of theatrical engagements for artists.

Current law provides that contracts for domestics, household
employees, unskilled or untrained manual workers, laborers, including
agricultural workers, non-professional trained or skilled industrial
workers, and mechanics need not be in writing in order for an
employment agency a fee. The bill would include theatrical employment
agencies to the current exception provided the theatrical agency has
referred the artist to an employer or vice versa and has resulted in
employment and circumstances where the theatrical employment agency
is engaged by artist in the negotiating or renegotiating an original
or pre-existing contract subject an statutory fee ceilings.

The bill would exempt theatrical employment agencies from the
requirement of installment plans for the payment of theatrical agency
fees.
Installment plans make no sense in the entertainment industry, since
artists are typically engaged on a per production basis. Accordingly,
establishing a framework for an artist to make installment payments
does not work. Of course, theatrical employment agencies would
continue to receive nothing unless and until the artist has
compensation and then only on the amount the artist is paid and
subject to the statutory fee ceiling.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  5576

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business  law  and  the  arts  and  cultural
  affairs law, in relation to theatrical employment agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 8 and 9 of section 171 of the general business
law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
new subdivision 8-a is added to read as follows:
  8.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision seven of this section) who procures or attempts  to  procure
employment  or  engagements  for [circus, vaudeville, the variety field,
the legitimate theater, motion pictures, radio,  television,  phonograph
recordings,  transcriptions,  opera,  concert, ballet, modeling or other
entertainments or exhibitions or performances] AN ARTIST, but such  term
does not include the business of managing [such] entertainments, exhibi-
tions  or  performances,  or the artists or attractions constituting the
same, where such business only  incidentally  involves  the  seeking  of
employment therefor.
  8-A.  "ARTIST"  SHALL  MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
THE LEGITIMATE STAGE AND IN THE PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  9.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer in employment described  in
subdivision eight of this section] AN ARTIST.
  S  2.  Subdivision  1  of  section 181 of the general business law, as
added by chapter 632 of the laws of 1975, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11532-01-1

S. 5576                             2

  1. A true copy of every contract executed between such agency and such
applicant, which shall have printed on it or attached to it a  statement
setting  forth  in a clear and concise manner the provisions of sections
one hundred eighty-five, and one hundred  eighty-six  of  this  article;
PROVIDED  HOWEVER,  THAT  CONTRACTS  FOR  CLASS C EMPLOYMENT MAY INSTEAD
PROVIDE NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED  EIGHTY-FIVE
AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
  S  3. Subdivisions 1 and 2 of section 185 of the general business law,
as amended by chapter 617 of the laws of 1988, are amended  to  read  as
follows:
  1. Circumstances permitting fee. An employment agency shall not charge
or  accept  a  fee  or other consideration unless in accordance with the
terms of a written contract with a job applicant, except: (A) for  class
"A"  [and], "A-1" AND "C" employment[, and except] after such agency has
been responsible for referring such job applicant to an employer or such
employer to a job applicant and where  as  a  result  thereof  such  job
applicant  has  been  employed  by such employer; OR, (B) IN THE CASE OF
CLASS "C" EMPLOYMENT AFTER AN AGENCY REPRESENTS AN ARTIST IN THE NEGOTI-
ATION  OR  RENEGOTIATION  OF  AN  ORIGINAL  OR  PRE-EXISTING  EMPLOYMENT
CONTRACT.  The  maximum fees provided for herein for all types of place-
ments or employment may be charged to the job applicant  and  a  similar
fee  may  be charged to the employer provided, however, that with regard
to placements in class "B" employment, a fee of up to one  and  one-half
times the fee charged to the job applicant may be charged to the employ-
er. By agreement with an employment agency, the employer may voluntarily
assume payment of the job applicant's fee. The fees charged to employers
by  any  licensed  person  conducting an employment agency for rendering
services in connection with, or for providing employment in classes "A",
"A-1" and "B", as  hereinafter  defined  in  subdivision  four  of  this
section  where the applicant is not charged a fee shall be determined by
agreement between the employer and the employment agency. No  fee  shall
be  charged or accepted for the registration of applicants for employees
or employment.
  2. Size of fee; payment schedule. The gross fee  charged  to  the  job
applicant  and  the  gross  fee  charged  to the employer each shall not
exceed the amounts  enumerated  in  the  schedules  set  forth  in  this
section,  for any single employment or engagement, except as hereinabove
provided; and such fees shall be subject to the  provisions  of  section
one  hundred  eighty-six  of  this article. Except as otherwise provided
herein, AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency  shall
not  require  an  applicant  while  employed  in  the continental United
States, and paid weekly to pay any fee at a rate  greater  than  in  ten
equal  weekly  [instalments] INSTALLMENTS each of which shall be payable
at the end of each of the first ten weeks of employment, or if paid less
frequently, in five equal installments, each of which shall  be  payable
at  the  end  of the first five pay periods following his employment, or
within a period of ten weeks, whichever period is longer. An  employer's
fee  shall  be  due and payable at the time the applicant begins employ-
ment, unless otherwise determined by agreement between the employer  and
the agency.
  S  4.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
affairs law are amended and a new subdivision 5  is  added  to  read  as
follows:
  3.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision one hereof) who procures or attempts to  procure  employment
or  engagements  for [circus, vaudeville, the variety field, the legiti-

S. 5576                             3

mate theater, motion pictures, radio, television, phonograph recordings,
transcriptions, opera, concert, ballet, modeling or other entertainments
or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
include  the  business of managing [such] entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where
such business only  incidentally  involves  the  seeking  of  employment
therefor.
  4.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer] AN  ARTIST  in  employment
described in subdivision three of this section.
  5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  S 5. This act shall take effect immediately.

S5576A - Bill Details

See Assembly Version of this Bill:
A8614B
Law Section:
General Business Law
Laws Affected:
Amd §§171, 181 & 185, Gen Bus L; amd §37.01, Arts & Cul L

S5576A - Bill Texts

view summary

Relates to the definition of an artist and theatrical employment agencies.

view sponsor memo
BILL NUMBER:S5576A

TITLE OF BILL:
An act
to amend the general business law and the arts and cultural affairs law,
in relation to theatrical employment agencies

PURPOSE OF THE BILL:
To clarify and create consistency in the regulation of theatrical
employment agencies.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 4 of the bill would amend the General Business Law and
the Arts and Cultural Law, respectively, to add a definition of
"artist" and to make corresponding amendments to definitions of
"theatrical employment agency" and "theatrical engagement."

Section 2 would amend the general business law to authorize theatrical
employment agencies to provide, with any written contracts, notices
stating that statutory provisions related to fees and fee refunds
apply.

Section 3 would amend the general business law to provide that a
theatrical employment agency may charge a fee absent a written
contract if the agency is responsible for referring the job applicant
to an employer or an employer to a job applicant which results in
employment for such applicant, for class "A" and class "A-1"
employment. Exceptions are also provided for class "C" employment
where an agency is responsible for referring an artist to an employer
or employer to an artist, resulting in employment. The bill would
exempt theatrical employment agencies from the inapplicable
requirement of offering installment plans.

JUSTIFICATION:
Specifically, the bill would amend the definition of theatrical
engagements which are currently limited to actors and performers and
as Class C employment. Thus, all other theatrical-related engagements
for writers; directors, and cinematographers, among others, are
classified as Class B employment - along with clerical workers. Class
B statutory requirements are based on monthly salaries for job
applicants and have little applicability to theatrical engagements.
The bill would modernize these definitions so employment related to
theatrical engagements including for writers, directors and
cinematographers - are appropriately classified as Class C and are
not subject to the incompatible requirements for Class B employment.

The bill would also authorize theatrical employment agencies to
provide a notice of applicable provisions relating to fee ceilings
and return of fees in written contracts relating to theatrical
engagements. The current statutory provisions relate principally to
fees and fee refunds concerning domestics, laborers, industrial
workers and mechanics and not artists - and are confusing in the
context of theatrical engagements for artists.

Current law provides that contracts for domestics, household
employees, unskilled or untrained manual workers, laborers, including


agricultural workers, non-professional trained or skilled industrial
workers, and mechanics need not be in writing in order for an
employment agency a fee. The bill would include theatrical employment
agencies to the current exception provided the theatrical agency has
referred the artist to an employer or vice versa and has resulted in
employment and circumstances where the theatrical employment agency
is engaged by artist in the negotiating or renegotiating an original
or pre-existing contract subject an statutory fee ceilings.

The bill would exempt theatrical employment agencies from the
requirement of installment plans for the payment of theatrical agency
fees. Installment plans make no sense in the entertainment industry,
since artists are typically engaged on a per production basis.
Accordingly, establishing a framework for an artist to make
installment payments does not work. Of course, theatrical employment
agencies would continue to receive nothing unless and until the
artist has compensation and then only on the amount the artist is
paid and subject to the statutory fee ceiling.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                 5576--A
    Cal. No. 72

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Consumer Protection in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the general business  law  and  the  arts  and  cultural
  affairs law, in relation to theatrical employment agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 8 and 9 of section 171 of the general business
law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
new subdivision 8-a is added to read as follows:
  8.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision seven of this section) who procures or attempts  to  procure
employment  or  engagements  for [circus, vaudeville, the variety field,
the legitimate theater, motion pictures, radio,  television,  phonograph
recordings,  transcriptions,  opera,  concert, ballet, modeling or other
entertainments or exhibitions or performances] AN ARTIST, but such  term
does not include the business of managing [such] entertainments, exhibi-
tions  or  performances,  or the artists or attractions constituting the
same, where such business only  incidentally  involves  the  seeking  of
employment therefor.
  8-A.  "ARTIST"  SHALL  MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
THE LEGITIMATE STAGE AND IN THE PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11532-03-2

S. 5576--A                          2

  9.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer in employment described  in
subdivision eight of this section] AN ARTIST.
  S  2.  Subdivision  1  of  section 181 of the general business law, as
added by chapter 632 of the laws of 1975, is amended to read as follows:
  1. A true copy of every contract executed between such agency and such
applicant, which shall have printed on it or attached to it a  statement
setting  forth  in a clear and concise manner the provisions of sections
one hundred eighty-five, and one hundred  eighty-six  of  this  article;
PROVIDED  HOWEVER,  THAT  CONTRACTS  FOR  CLASS C EMPLOYMENT MAY INSTEAD
PROVIDE NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED  EIGHTY-FIVE
AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
  S  3. Subdivisions 1 and 2 of section 185 of the general business law,
as amended by chapter 617 of the laws of 1988, are amended  to  read  as
follows:
  1. Circumstances permitting fee. An employment agency shall not charge
or  accept  a  fee  or other consideration unless in accordance with the
terms of a written contract with a job applicant, except: (A) for  class
"A"  and "A-1" employment, and except after such agency has been respon-
sible for referring such job applicant to an employer or  such  employer
to  a job applicant and where as a result thereof such job applicant has
been employed by such employer; AND (B) FOR CLASS  "C"  EMPLOYMENT:  (I)
AFTER  AN  AGENCY  HAS  BEEN  RESPONSIBLE  FOR REFERRING AN ARTIST TO AN
EMPLOYER OR SUCH EMPLOYER TO AN ARTIST AND WHERE  AS  A  RESULT  THEREOF
SUCH ARTIST HAS BEEN EMPLOYED BY SUCH EMPLOYER; OR, (II) AFTER AN AGENCY
REPRESENTS  AN ARTIST IN THE NEGOTIATION OR RENEGOTIATION OF AN ORIGINAL
OR PRE-EXISTING EMPLOYMENT CONTRACT AND WHERE AS A  RESULT  THEREOF  THE
ARTIST ENTERS INTO A NEGOTIATED OR RENEGOTIATED EMPLOYMENT CONTRACT. FOR
CLASS  "C"  EMPLOYMENT  PURSUANT TO THIS PARAGRAPH, AN EMPLOYMENT AGENCY
SHALL PROVIDE AN ARTIST WITH A STATEMENT SETTING FORTH IN  A  CLEAR  AND
CONCISE  MANNER  THE  PROVISIONS OF THIS SECTION AND SECTION ONE HUNDRED
EIGHTY-SIX OF THIS ARTICLE.  The maximum fees provided  for  herein  for
all  types  of placements or employment may be charged to the job appli-
cant and a similar fee may be charged to the employer provided, however,
that with regard to placements in class "B" employment, a fee of  up  to
one  and  one-half  times  the  fee  charged to the job applicant may be
charged to the employer. By agreement with  an  employment  agency,  the
employer  may voluntarily assume payment of the job applicant's fee. The
fees charged to employers by any licensed person conducting  an  employ-
ment  agency for rendering services in connection with, or for providing
employment in classes "A", "A-1" and  "B",  as  hereinafter  defined  in
subdivision  four  of  this section where the applicant is not charged a
fee shall be determined  by  agreement  between  the  employer  and  the
employment agency. No fee shall be charged or accepted for the registra-
tion of applicants for employees or employment.
  2.  Size  of  fee;  payment schedule. The gross fee charged to the job
applicant and the gross fee charged  to  the  employer  each  shall  not
exceed  the  amounts  enumerated  in  the  schedules  set  forth in this
section, for any single employment or engagement, except as  hereinabove
provided;  and  such  fees shall be subject to the provisions of section
one hundred eighty-six of this article.  Except  as  otherwise  provided
herein,  AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency shall
not require an  applicant  while  employed  in  the  continental  United
States,  and  paid  weekly  to pay any fee at a rate greater than in ten
equal weekly [instalments] INSTALLMENTS each of which shall  be  payable
at the end of each of the first ten weeks of employment, or if paid less

S. 5576--A                          3

frequently,  in  five equal installments, each of which shall be payable
at the end of the first five pay periods following  his  employment,  or
within  a period of ten weeks, whichever period is longer. An employer's
fee  shall  be  due and payable at the time the applicant begins employ-
ment, unless otherwise determined by agreement between the employer  and
the agency.
  S  4.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
affairs law are amended and a new subdivision 5  is  added  to  read  as
follows:
  3.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision one hereof) who procures or attempts to  procure  employment
or  engagements  for [circus, vaudeville, the variety field, the legiti-
mate theater, motion pictures, radio, television, phonograph recordings,
transcriptions, opera, concert, ballet, modeling or other entertainments
or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
include  the  business of managing [such] entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where
such business only  incidentally  involves  the  seeking  of  employment
therefor.
  4.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer] AN  ARTIST  in  employment
described in subdivision three of this section.
  5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  S 5. This act shall take effect immediately.

S5576B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8614B
Law Section:
General Business Law
Laws Affected:
Amd §§171, 181 & 185, Gen Bus L; amd §37.01, Arts & Cul L

S5576B (ACTIVE) - Bill Texts

view summary

Relates to the definition of an artist and theatrical employment agencies.

view sponsor memo
BILL NUMBER:S5576B

TITLE OF BILL:
An act
to amend the general business law and the arts and cultural affairs law,
in relation to theatrical employment agencies

PURPOSE OR GENERAL IDEA OF BILL:
To clarify and create consistency in the regulation of theatrical
employment agencies.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 3 of the bill would amend the General Business Law and
the Arts and Cultural Law, respectively, to add a definition of
"artist" and to make corresponding amendments to definitions of
"theatrical employment agency" and "theatrical engagement."

Section 2 would amend the general business law to provide that, as is
the case for other types of employment agencies and consistent with
widespread practice, a theatrical employment agency may charge a fee
absent a written contract if, the agency is responsible for referring
the job applicant to an employer or an employer to a job applicant
which results in employment for such applicant. The bill would
clarify a fee is permitted where such theatrical employment agency
represents an artist in a negotiation or renegotiation of an original
or pre-existing contract. The bill would exempt theatrical employment
agencies from the inapplicable requirement of offering installment
plans.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Section 171 of the General Business Law and section 37.01 of the Arts
and Cultural Affairs Law define theatrical engagements to apply to
actors and performers related to the circus, vaudeville, the variety
field, the legitimate theater, motion pictures, radio, television,
phonograph recordings, transcriptions, opera, concert, ballet.
Modeling or other entertainments or exhibitions or performances,

Section 181 of the General Business Law requires employment.agencies
to provide to each applicant for employment a copy of the contract
between such agency and applicant. The contract is to have
pre-printed the statutory provisions of sections 385 and 186,
relating to provisions primarily concerning domestics, Laborers,
industrial workers and mechanics, among others.

Section 185 provides that the fees charged or accepted by an
employment agency for Class "A" (i.e., domestics, household
employees, unskilled or untrained manual workers and laborers,
including agricultural workers; and Class "A1" (i.e.,
non-professional trained or skilled industrial workers or mechanics)
workers are not subject to the requirement, of a written contract,
but in no event shall the fee charged exceed the fee ceiling
enumerated in statute. Employment agencies must offer applicants
installments periods of five or ten weeks to pay applicable fees.

JUSTIFICATION:


Theatrical employment is different from most other types of employment
and has been the subject of longstanding practices, procedures and
bonafide guild/union agreements that distinguish theatrical
employment agencies from, the typical employment agency. For this
reason, certain statutory requirements in current law, particularly
relating to the mandatory contract requirement of inapplicable
provisions and contractual relationships between theatrical
employment agencies and artists, do not reflect the custom and
practice in the industry. This bill would make modest changes to the
law to do so, while not compromising the protections and statutory
fee for artists.

Specifically, the bill would amend the definition of theatrical
engagements which are currently limited to actors and performers and
as Class C employment. Thus, all other theatrical-related engagements
for writers; directors, and cinematographers, among others, are
classified as Class B employment - along with clerical workers. Class
B statutory requirements are based on monthly salaries for job
applicants and have little applicability to theatrical engagements.

The bill would modernize these definitions so employment related to
theatrical engagements including for writers, directors and
cinematographers - are appropriately classified as Class C and are
not subject to the incompatible requirements for Class B employment.
The bill would also authorize theatrical employment agencies to
provide a notice of applicable provisions relating to fee ceilings
and return of fees in written contracts relating to theatrical
engagements.
The current statutory provisions relate principally to fees and fee
refunds concerning domestics, laborers, industrial workers and
mechanics and not artists and are confusing in the context of
theatrical engagements for artists.

Current law provides that contracts for domestics, household
employees, unskilled or untrained manual workers, laborers, including
agricultural workers, non-professional trained or skilled industrial
workers, and mechanics need not be in writing in order for an
employment agency a fee. The bill would include theatrical employment
agencies to the current exception provided the theatrical agency has
referred the artist to an employer or vice versa and has resulted in
employment and circumstances where the theatrical employment agency
is engaged by artist in the negotiating or renegotiating an original
or pre-existing contract subject an statutory fee ceilings.

The bill would exempt theatrical employment agencies from the
requirement of installment plans for the payment of theatrical agency
fees. Installment plans make- no sense in the entertainment industry,
since artists are typically engaged on a per production basis.
Accordingly, establishing a framework for an artist to make
installment payments does not work. Of course, theatrical employment
agencies would continue to receive nothing unless and until the
artist has
compensation and then only on the amount the artist is paid and
subject to the statutory fee ceiling.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

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

                                 5576--B
    Cal. No. 72

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Consumer Protection in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the general business  law  and  the  arts  and  cultural
  affairs law, in relation to theatrical employment agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 8 and 9 of section 171 of the general business
law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
new subdivision 8-a is added to read as follows:
  8.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision seven of this section) who procures or attempts  to  procure
employment  or  engagements  for [circus, vaudeville, the variety field,
the legitimate theater, motion pictures, radio,  television,  phonograph
recordings,  transcriptions,  opera,  concert, ballet, modeling or other
entertainments or exhibitions or performances] AN ARTIST, but such  term
does not include the business of managing [such] entertainments, exhibi-
tions  or  performances,  or the artists or attractions constituting the
same, where such business only  incidentally  involves  the  seeking  of
employment therefor.
  8-A.  "ARTIST"  SHALL  MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
THE LEGITIMATE STAGE AND IN THE PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11532-05-2

S. 5576--B                          2

ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  9.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer in employment described  in
subdivision eight of this section] AN ARTIST.
  S  2. Subdivisions 1 and 2 of section 185 of the general business law,
as amended by chapter 617 of the laws of 1988, are amended  to  read  as
follows:
  1. Circumstances permitting fee. An employment agency shall not charge
or  accept  a  fee  or other consideration unless in accordance with the
terms of a written contract with a job applicant, except:
  (A) for class "A" and "A-1" employment, and except after  such  agency
has  been responsible for referring such job applicant to an employer or
such employer to a job applicant and where as a result thereof such  job
applicant has been employed by such employer; AND
  (B) FOR CLASS "C" EMPLOYMENT: (I) AFTER AN AGENCY HAS BEEN RESPONSIBLE
FOR REFERRING AN ARTIST TO AN EMPLOYER OR SUCH EMPLOYER TO AN ARTIST AND
WHERE  AS A RESULT THEREOF SUCH ARTIST HAS BEEN EMPLOYED BY SUCH EMPLOY-
ER; OR (II) AFTER AN AGENCY REPRESENTS AN ARTIST IN THE  NEGOTIATION  OR
RENEGOTIATION  OF  AN  ORIGINAL  OR PRE-EXISTING EMPLOYMENT CONTRACT AND
WHERE AS A RESULT THEREOF THE ARTIST ENTERS INTO A NEGOTIATED OR RENEGO-
TIATED EMPLOYMENT CONTRACT. FOR CLASS "C" EMPLOYMENT  PURSUANT  TO  THIS
PARAGRAPH, AN EMPLOYMENT AGENCY SHALL PROVIDE AN ARTIST WITH A STATEMENT
SETTING  FORTH  IN  A  CLEAR  AND  CONCISE MANNER THE PROVISIONS OF THIS
SECTION AND SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
  The maximum fees provided for herein for all types  of  placements  or
employment  may be charged to the job applicant and a similar fee may be
charged to the employer provided, however, that with  regard  to  place-
ments in class "B" employment, a fee of up to one and one-half times the
fee  charged  to  the  job  applicant may be charged to the employer. By
agreement with an employment agency, the employer may voluntarily assume
payment of the job applicant's fee. The fees charged to employers by any
licensed person conducting an employment agency for  rendering  services
in  connection  with,  or for providing employment in classes "A", "A-1"
and "B", as hereinafter defined in  subdivision  four  of  this  section
where  the  applicant is not charged a fee shall be determined by agree-
ment between the employer and the employment agency.  No  fee  shall  be
charged  or accepted for the registration of applicants for employees or
employment.
  2. Size of fee; payment schedule. The gross fee  charged  to  the  job
applicant  and  the  gross  fee  charged  to the employer each shall not
exceed the amounts  enumerated  in  the  schedules  set  forth  in  this
section,  for any single employment or engagement, except as hereinabove
provided; and such fees shall be subject to the  provisions  of  section
one  hundred  eighty-six  of  this article. Except as otherwise provided
herein, AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency  shall
not  require  an  applicant  while  employed  in  the continental United
States, and paid weekly to pay any fee at a rate  greater  than  in  ten
equal  weekly  [instalments] INSTALLMENTS each of which shall be payable
at the end of each of the first ten weeks of employment, or if paid less
frequently, in five equal installments, each of which shall  be  payable
at  the  end  of the first five pay periods following his employment, or
within a period of ten weeks, whichever period is longer. An  employer's
fee  shall  be  due and payable at the time the applicant begins employ-
ment, unless otherwise determined by agreement between the employer  and
the agency.

S. 5576--B                          3

  S  3.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
affairs law are amended and a new subdivision 5  is  added  to  read  as
follows:
  3.  "Theatrical  employment  agency"  means  any person (as defined in
subdivision one hereof) who procures or attempts to  procure  employment
or  engagements  for [circus, vaudeville, the variety field, the legiti-
mate theater, motion pictures, radio, television, phonograph recordings,
transcriptions, opera, concert, ballet, modeling or other entertainments
or exhibitions or performances]  AN  ARTIST,  but  such  term  does  not
include  the  business of managing [such] entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where
such business only  incidentally  involves  the  seeking  of  employment
therefor.
  4.  "Theatrical  engagement"  means any engagement or employment of [a
person as an actor, performer or entertainer] AN  ARTIST  in  employment
described in subdivision three of this section.
  5.  "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
LEGITIMATE STAGE  AND  IN  THE  PRODUCTION  OF  MOTION  PICTURES,  RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS,  COMPOSERS,  LYRICISTS,  ARRANGERS,  MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
  S 4. This act shall take effect immediately.

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