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.

                            
                    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.