Senate Bill S4144

2019-2020 Legislative Session

Relates to establishing certain practices relating to models

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • 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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2019-S4144 (ACTIVE) - Details

See Assembly Version of this Bill:
A313
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Add §296-e, amd §292, Exec L; add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7607, A8752
2021-2022: S6681, A460
2023-2024: S4029, A2166

2019-S4144 (ACTIVE) - Summary

Relates to establishing unlawful discriminatory practices relating to models; requires models to be informed of what constitutes an unlawful discriminatory practice and how to file a complaint; requires modeling entities to provide adult models with educational materials regarding nutrition and eating disorders.

2019-S4144 (ACTIVE) - Sponsor Memo

2019-S4144 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4144
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law and the  labor  law,  in  relation  to
   establishing certain practices relating to models

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  296-e
 to read as follows:
   §  296-E. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO MODELS.  1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. "CLIENT" MEANS A RETAIL STORE, A MANUFACTURER, A CLOTHING DESIGNER,
 AN ADVERTISING AGENCY, A PHOTOGRAPHER, A PUBLISHING COMPANY OR ANY OTHER
 SUCH PERSON OR ENTITY THAT RECEIVES MODELING SERVICES FROM A MODEL;
   B. "HIRING PARTY" MEANS ANY PERSON OR ENTITY WHO EXERCISES ANY FORM OF
 CONTROL OVER A MODEL'S SERVICES, INCLUDING  MODELING  ENTITIES,  BRANDS,
 AND  OTHER CLIENTS, OTHER THAN (1) THE UNITED STATES GOVERNMENT, (2) THE
 STATE OF NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT,  AGENCY,  AUTHORITY
 OR  OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE AND THE JUDICIARY,
 (3) A CITY GOVERNMENT, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY OR OTHER
 BODY OF THAT CITY, (4) ANY OTHER LOCAL GOVERNMENT, MUNICIPALITY OR COUN-
 TY OR (5) ANY FOREIGN GOVERNMENT.
   C. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF HIS OR HER STATUS AS  AN
 INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES FOR A
 CLIENT  OR CONSENTS IN WRITING TO THE TRANSFER OF HIS OR HER LEGAL RIGHT
 TO THE USE OF HIS OR HER NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTIS-
 ING PURPOSES OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A CLIENT  OR  WHO
 PROVIDES SHOWROOM OR FIT MODELING SERVICES;
   D.  "MODELING ENTITY" MEANS A MODELING AGENCY, MODEL MANAGEMENT COMPA-
 NY, EMPLOYMENT AGENCY, AND/OR ANY PERSON OR ENTITY THAT: (1) IS  IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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