senate Bill S7173B

Signed By Governor
2013-2014 Legislative Session

Relates to fees charged by employment agencies

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Archive: Last Bill Status Via A9396 - 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
Dec 17, 2014 approval memo.19
signed chap.501
Dec 05, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.1473
substituted for s7173b
Jun 17, 2014 substituted by a9396b
ordered to third reading cal.1473
committee discharged and committed to rules
Jun 10, 2014 print number 7173b
amend (t) and recommit to consumer protection
Jun 02, 2014 print number 7173a
amend and recommit to consumer protection
May 01, 2014 referred to consumer protection

Votes

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Bill Amendments

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

S7173 - Bill Details

See Assembly Version of this Bill:
A9396B
Law Section:
General Business Law
Laws Affected:
Amd §185, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
A9396B

S7173 - Bill Texts

view summary

Relates to the fees charged by a theatrical employment agency; prohibits the charging of a fee if the theatrical employment agency is not licensed.

view sponsor memo
BILL NUMBER:S7173

TITLE OF BILL: An act to amend the general business law, in relation
to fees charged by a theatrical employment agency

PURPOSE:

This bill would protect performing artists from unlicensed theatrical
employment agents by prohibiting unlicensed agents from collecting
fees.

SUMMARY OF PROVISIONS:

Section one of the bill amends General Business Law (GBL) section 185,
subdivision 8, to provide that an unlicensed theatrical agent may not
charge or collect a fee from an artist that the agent purports to
represent, and that in an action to collect on a fee, it shall be an
absolute defense that the agent is not licensed. GBL section 172
requires employment agencies, which include theatrical employment
agencies, to be licensed. This legislation would provide an additional
enforcement mechanism for that requirement, by prohibiting unlicensed
agents from charging or collecting fees.

JUSTIFICATION:

General Business Law section 172 requires employment agencies,
including theatrical employment agencies, to be licensed. This
protection for performing artists, especially important for younger
and more inexperienced artists who may not be sophisticated in their
dealings with agents, will be strengthened by this legislation. It
will provide an additional enforcement mechanism for that requirement,
by prohibiting unlicensed agents from charging or collecting fees, and
providing the artist with an absolute defense if he or she is facing a
collection action brought by an unlicensed agent.

LEGISLATIVE HISTORY:

A.9369.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately

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

                                  7173

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to fees charged by
  a theatrical employment agency

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

  Section  1.  Subdivision 8 of section 185 of the general business law,
as amended by chapter 1083 of the laws of 1960, is amended  to  read  as
follows:
  8.  Fee ceiling: For a placement in class "C" employment the gross fee
shall not exceed, for a single engagement, ten [per cent] PERCENT of the
compensation payable to the applicant, except  that  for  employment  or
engagements  for  orchestras  and  for  employment or engagements in the
opera and concert fields such fees shall not exceed  twenty  [per  cent]
PERCENT  of  the  compensation.   NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, NO FEE MAY BE CHARGED OR COLLECTED BY A THEATRICAL EMPLOYMENT AGEN-
CY NOT LICENSED PURSUANT TO SECTION  ONE  HUNDRED  SEVENTY-TWO  OF  THIS
ARTICLE;  IT SHALL BE AN ABSOLUTE DEFENSE IN ANY ACTION TO COLLECT A FEE
THAT THE THEATRICAL EMPLOYMENT AGENCY IS NOT LICENSED.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14827-01-4

S7173A - Bill Details

See Assembly Version of this Bill:
A9396B
Law Section:
General Business Law
Laws Affected:
Amd §185, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
A9396B

S7173A - Bill Texts

view summary

Relates to the fees charged by a theatrical employment agency; prohibits the charging of a fee if the theatrical employment agency is not licensed.

view sponsor memo
BILL NUMBER:S7173A

TITLE OF BILL: An act to amend the general business law, in relation
to fees charged by a theatrical employment agency

PURPOSE OR GENERAL IDEA OF BILL:

This bill would protect performing artists from unlicensed employment
agents by prohibiting unlicensed agents from collecting fees.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends General Business Law (GBL) section 185
by adding a new subdivision 10 which provides that no fee may be
charged or collected by an unlicensed employment agency, and that in
any action to collect a fee, an agreement or contract with an
unlicensed employment agency is voidable at the defendant's option.
GBL section 172 requires employment agencies, which include theatrical
employment agencies, to be licensed. This legislation would provide an
additional enforcement mechanism for that requirement, by prohibiting
unlicensed agents from charging or collecting fees.

The A-print achieves the same broad goal as the original bill, but
does so by adding a new subdivision 10 that applies to all employment
agencies, rather than amending subdivision 8, which applies only to
theatrical employment agencies. In addition, the language regarding
voidability of a contract has been substituted for the original
language regarding an absolute defense in an action to collect a fee.

JUSTIFICATION:

General Business Law section 172 requires employment agencies,
including theatrical employment agencies, to be licensed. This
protection for performing artists, especially important for younger
and more inexperienced artists who may not be sophisticated in their
dealings with agents, will be strengthened by this legislation. It
will provide an additional enforcement mechanism for that requirement,
by prohibiting unlicensed agents from charging or collecting fees, and
providing the artist with an additional defense if he or she is facing
a collection action brought by an unlicensed agent.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 7173--A

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to fees charged by
  a theatrical employment agency

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

  Section  1.  Section  185  of  the  general business law is amended by
adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  NO
FEE  MAY  BE  CHARGED  OR COLLECTED BY AN EMPLOYMENT AGENCY NOT LICENSED
PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE. ANY  AGREE-
MENT  OR  CONTRACT WITH AN UNLICENSED EMPLOYMENT AGENCY SHALL RENDER THE
AGREEMENT OR CONTRACT VOIDABLE IN ANY ACTION TO COLLECT A  FEE,  AT  THE
OPTION OF THE DEFENDANT TO SUCH ACTION.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14827-03-4

S7173B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9396B
Law Section:
General Business Law
Laws Affected:
Amd §185, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
A9396B

S7173B (ACTIVE) - Bill Texts

view summary

Relates to the fees charged by a theatrical employment agency; prohibits the charging of a fee if the theatrical employment agency is not licensed.

view sponsor memo
BILL NUMBER:S7173B

TITLE OF BILL: An act to amend the general business law, in relation
to fees charged by employment agencies

PURPOSE:

This bill would protect performing artists, as well as others seeking
employment, from unlicensed employment agents by prohibiting
unlicensed agents from collecting fees.

SUMMARY OF PROVISIONS:

Section one of the bill amends General Business Law (GBL) section 185
by adding a new subdivision 10 which provides that no fee may be
charged or collected by an unlicensed employment agency, and that in
any action to collect a fee, an agreement or contract with an
unlicensed employment agency will be void at the defendant's option.
GBL section 172 requires employment agencies, which include theatrical
employment agencies, to be licensed. This legislation would provide an
additional enforcement mechanism for that requirement, by prohibiting
unlicensed agents from charging or collecting fees.

The A-print achieved the same broad goal as the original bill, but did
so by adding a new subdivision 10 that applies to all employment
agencies, rather than amending subdivision 8, which applies only to
theatrical employment agencies. In addition, the language regarding
voidability of a contract was substituted for the language that
provided an absolute defense in an action to collect a fee.

The B-print changes the word voidable to void in new subdivision 10,
and also revises the bill's title so that it accurately reflects the
bill's application to all employment agencies.

JUSTIFICATION:

General Business Law section 172 requires employment agencies,
including theatrical employment agencies, to be licensed. This
protection for performing artists, especially important for younger
and more inexperienced artists who may not be sophisticated in their
dealings with agents, will be strengthened by this legislation. It
will provide an additional enforcement mechanism for that requirement,
by prohibiting unlicensed agents from charging or collecting fees, and
providing the artist with an additional defense if he or she is facing
a collection action brought by an unlicensed agent.

LEGISLATIVE HISTORY:

Same as A.9396-B

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


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

                                 7173--B

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to fees charged by
  employment agencies

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

  Section 1. Section 185 of the  general  business  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
FEE MAY BE CHARGED OR COLLECTED BY AN  EMPLOYMENT  AGENCY  NOT  LICENSED
PURSUANT  TO SECTION ONE HUNDRED SEVENTY-TWO OF THIS ARTICLE. ANY AGREE-
MENT OR CONTRACT WITH AN UNLICENSED EMPLOYMENT AGENCY SHALL  RENDER  THE
AGREEMENT OR CONTRACT VOID IN ANY ACTION TO COLLECT A FEE, AT THE OPTION
OF THE DEFENDANT TO SUCH ACTION.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14827-05-4

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