senate Bill S5486

Signed By Governor
2013-2014 Legislative Session

Includes in the definition of "artistic and creative services", for the purposes of the employment and education of child performers, the services of runway and print models; repealer

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Archive: Last Bill Status - 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 21, 2013 signed chap.411
Oct 09, 2013 delivered to governor
Jun 12, 2013 returned to senate
passed assembly
ordered to third reading rules cal.283
substituted for a7787
referred to labor
delivered to assembly
passed senate
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.954
May 16, 2013 referred to labor

Votes

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Co-Sponsors

S5486 - Bill Details

See Assembly Version of this Bill:
A7787
Law Section:
Labor Law
Laws Affected:
Amd §150, Lab L; amd §§35.01 & 35.03, rpld §35.05, Arts & Cul L

S5486 - Bill Texts

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Includes in the definition of "artistic and creative services", for the purposes of the employment and education of child performers, the services of runway and print models; makes conforming changes to the arts and cultural affairs law.

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BILL NUMBER:S5486

TITLE OF BILL: An act to amend the labor law and the arts and
cultural affairs law, in relation to expanding the definition of
"artistic and creative services", for purposes of the employment and
education of child performers, to include the services of runway and
print models; and to repeal section 35.05 of the arts and cultural
affairs law relating to employment of children as models

PURPOSE OR GENERAL IDEA OF BILL: To provide for and incorporate the
protections covered under Article 4-A of the Labor Law and Article 35
of the Arts and Cultural Affairs Law which governs the conditions of
employment and the education of child performers to include child
models.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Labor Law § 150 to include within the definition of
"artistic or creative services" of Article 4-A of the Labor Law
"runway and print models". Article 4-A of the Labor Law relates to the
employment and education requirements that need to be complied with to
also protect child performers.

Section 2: Amends Arts and Cultural Affairs Law section 35.01(1) to
include within this Article 35 those child performers who "model" in
addition those who sing, dance, play a musical instrument or act.
This section lists the kinds of performance activities that are
covered and protected under this Article 35 as it relates to the
provisions of the law to protect child performers.

Section 3: Amends Arts and Cultural Affairs Law section 35.03 to
include those child performers who "model" that may also be required
to obtain judicial approval of certain contracts for the services of
infants. Under current law, child performers who act, dance, are
musicians or vocalists are currently covered under the provisions of
this act. This bill merely adds those infants who enter into contracts
to model.

Section 4: Repeals Arts and Cultural Affairs Law section 35.05 that
relates to separate provisions of the law that relate to the
employment of children as models. This section is repealed because it
has been incorporated into the earlier sections of this bill.

Section 5: This act shall take effect on the thirtieth day after it
shall become law and any necessary rules and regulations necessary for
implementation are authorized immediately.

JUSTIFICATION: The dangers child models face have often gone
unnoticed in the mainstream and there are few adequate protections for
them currently in law. Child models are frequently exposed to sexual
harassment and do not have adequate protections under the law when it
comes to education and financial protections. These very same
protections are provided to virtually every other child performer
under the law.

Article 4-A of the Labor Law governs the employment and education of
child performers. Labor Law § 150(2) defines "child performer" as any


child under the age of eighteen who (a) resides in the state of New
York and who agrees to render artistic or creative services; or (b)
agrees to render artistic or creative services in the state of New
York. Labor Law § 150(1) defines "artistic or creative services" to
include "services as an actor, actress, dancer, musician, comedian,
singer, stunt-person, voice-over artist, or other performer or
entertainer, or as a songwriter, musical producer or arranger, writer,
director, producer, production executive, choreographer, composer,
conductor, or designer." By amending the Labor Law to include "runway
and print models" in the definition of artistic or creative services
possible for a child performer in Labor Law § 150(1), we can ensure
that child models have the same protections of all other child
performers.

This bill is strongly supported by the Model Alliance. The Model
Alliance specifically recognizes that child models are vulnerable.
Most models start their careers in their early teens and adequate
protections are not afforded to these individuals. This bill will
ensure that the protections applicable to child performers will extend
to child models.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 30 days after it shall become law, that any necessary
rules and regulations necessary for implementation are authorized
immediately.

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

                                  5486

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sens. SAVINO, KLEIN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Labor

AN  ACT to amend the labor law and the arts and cultural affairs law, in
  relation  to  expanding  the  definition  of  "artistic  and  creative
  services",  for  purposes  of  the  employment  and education of child
  performers, to include the services of runway and print models; and to
  repeal section 35.05 of the arts and cultural affairs law relating  to
  employment of children as models

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

  Section 1. Subdivision 1 of section 150 of the labor law, as added  by
chapter 630 of the laws of 2003, is amended to read as follows:
  1.  "Artistic or creative services" shall include, but are not limited
to, services as an actor, actress, dancer, musician,  comedian,  singer,
stunt-person,  voice-over  artist,  RUNWAY  OR  PRINT  MODEL,  or  other
performer or entertainer, or as a songwriter, musical producer or arran-
ger, writer, director, producer,  production  executive,  choreographer,
composer, conductor, or designer.
  S  2.  Paragraph (a) of subdivision 1 of section 35.01 of the arts and
cultural affairs law, as amended by chapter 35 of the laws of  2004,  is
amended to read as follows:
  (a)  In  singing;  or  dancing; OR MODELING; or playing upon a musical
instrument; or acting, or in rehearsing for, or performing in a theatri-
cal performance or appearing in a pageant; or as a subject for  use,  in
or for, or in connection with the making of a motion picture film; or
  S  3.  Paragraph (a) of subdivision 1 of section 35.03 of the arts and
cultural affairs law is amended to read as follows:
  (a) the infant is to perform or render services as an actor,  actress,
MODEL,  dancer,  musician,  vocalist or other performing artist, or as a
participant or player in professional sports, or
  S 4. Section 35.05 of the arts and cultural affairs law is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11027-03-3

S. 5486                             2

  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law, provided that, effective immediately, any rules and
regulations necessary to  implement  the  provisions  of  this  act  are
authorized to be promulgated on or before such date.

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