NY State Senate Bill 2013-S7173B

Archive: Last Bill Status Via A9396 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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
Jun 10, 2014	amend (t) and recommit to consumer protection
Jun 02, 2014	print number 7173a
Jun 02, 2014	amend and recommit to consumer protection
May 01, 2014	referred to consumer protection

Votes

- Jun 17, 2014 - Floor Vote
  A9396
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Golden
      
      Hassell-Thompson
      
      Smith
  Jun 16, 2014 - Rules Committee Vote
  S7173B
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2014
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Montgomery
      
      excused (1)
      
      Hassell-Thompson

Bill Amendments

Original

B (Active)

2013-S7173 - Details

See Assembly Version of this Bill:: A9396
Law Section:: General Business Law
Laws Affected:: Amd §185, Gen Bus L

2013-S7173 - 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.

2013-S7173 - Sponsor Memo

2013-S7173 - Bill Text download pdf

                            
                    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

2013-S7173A - Details

See Assembly Version of this Bill:: A9396
Law Section:: General Business Law
Laws Affected:: Amd §185, Gen Bus L

2013-S7173A - 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.

2013-S7173A - 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.

2013-S7173A - Bill Text download pdf

                            
                    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

2013-S7173B (ACTIVE) - Details

See Assembly Version of this Bill:: A9396
Law Section:: General Business Law
Laws Affected:: Amd §185, Gen Bus L

2013-S7173B (ACTIVE) - 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.

2013-S7173B (ACTIVE) - 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.

2013-S7173B (ACTIVE) - Bill 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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Senate Bill S7173B

Sponsored By

Archive: Last Bill Status Via A9396 - Signed by Governor

Jun 17, 2014 - Floor Vote

Floor Vote: Jun 17, 2014

Jun 16, 2014 - Rules Committee Vote

Rules Committee Vote: Jun 16, 2014

Bill Amendments

2013-S7173 - Details

2013-S7173 - Summary

2013-S7173 - Sponsor Memo

2013-S7173 - Bill Text download pdf

2013-S7173A - Details

2013-S7173A - Summary

2013-S7173A - Sponsor Memo

2013-S7173A - Bill Text download pdf

2013-S7173B (ACTIVE) - Details

2013-S7173B (ACTIVE) - Summary

2013-S7173B (ACTIVE) - Sponsor Memo

2013-S7173B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7173B

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status Via A9396 - Signed by Governor

Bill Amendments

2013-S7173 - Details

2013-S7173 - Summary

2013-S7173 - Sponsor Memo

2013-S7173 - Bill Text download pdf

2013-S7173A - Details

2013-S7173A - Summary

2013-S7173A - Sponsor Memo

2013-S7173A - Bill Text download pdf

2013-S7173B (ACTIVE) - Details

2013-S7173B (ACTIVE) - Summary

2013-S7173B (ACTIVE) - Sponsor Memo

2013-S7173B (ACTIVE) - Bill Text download pdf

Comments