Senate Bill S9832

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9832
 
                             I N  S E N A T E
 
                               June 3, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation  to  enacting  the  New  York
   state fashion workers act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new article 36 to read
 as follows:
                                 ARTICLE 36
                    NEW YORK STATE FASHION WORKERS ACT
 SECTION 1030. SHORT TITLE.
         1031. DEFINITIONS.
         1032. REGISTRATION REQUIRED.
         1033. REGISTRATION PROCESS.
         1034. DUTIES OF MODEL MANAGEMENT COMPANIES.
         1035. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES.
         1036. POWER OF ATTORNEY.
         1037. DUTIES OF CLIENTS.
         1038. VIOLATIONS, PENALTIES AND PROCEDURES.
         1039. OTHER LEGAL REQUIREMENTS.
   § 1030. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE "NEW YORK STATE FASHION WORKERS ACT".
   § 1031. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "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,
 DIRECTLY OR THROUGH INTERMEDIARIES.
   2. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF THE INDIVIDUAL'S  STATUS
 AS AN INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES
 FOR  A  CLIENT AND/OR MODEL MANAGEMENT COMPANY OR WHO PROVIDES SHOWROOM,
 PARTS, OR FIT MODELING SERVICES.
   3. "MODEL MANAGEMENT COMPANY" MEANS ANY PERSON OR ENTITY, OTHER THAN A
 PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY UNDER  ARTICLE  ELEVEN
 OF THE GENERAL BUSINESS LAW, THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02078-20-4
 S. 9832                             2
 
   (A)  IS  IN  THE  BUSINESS  OF MANAGING MODELS PARTICIPATING IN ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES;
   (B)  PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR ENGAGE-
 MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS AS MODELS; OR
   (C) RENDERS VOCATIONAL GUIDANCE OR COUNSELING SERVICES TO MODELS FOR A
 FEE.
   4. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
 SESSIONS OR THE ENGAGEMENT OF A MODEL IN LIVE RUNWAY, LIVE,  FILMED,  OR
 TAPED  PERFORMANCES,  INCLUDING ON SOCIAL MEDIA PLATFORMS, REQUIRING THE
 MODEL TO POSE, PROVIDE AN EXAMPLE OR STANDARD OF ARTISTIC EXPRESSION  OR
 TO  BE  A  REPRESENTATION TO SHOW THE CONSTRUCTION OR APPEARANCE OF SOME
 THING OR PLACE FOR PURPOSES OF DISPLAY  OR  ADVERTISING,  INCLUDING  THE
 PROVISIONS  OF  CASTINGS,  FITTINGS, PHOTOSHOOTS, SHOWROOM, PARTS OR FIT
 MODELING SERVICES.  "MODELING SERVICES" INCLUDES THE USE  OF  A  DIGITAL
 REPLICA.
   5.   "EXCLUSIVE  REPRESENTATION"  MEANS  AN  AGREEMENT,  OR  A  CLAUSE
 CONTAINED IN AN AGREEMENT,  ENTERED  INTO  BETWEEN  A  MODEL  MANAGEMENT
 COMPANY  AND  A MODEL THAT RESTRICTS SUCH MODEL FROM PERFORMING WORK FOR
 ANOTHER PARTY NOT SUBJECT TO SUCH AGREEMENT FOR A  SPECIFIED  PERIOD  OF
 TIME  OR  IN  A  SPECIFIED  GEOGRAPHICAL  AREA,  THAT IS SIMILAR TO SUCH
 MODEL'S WORK FOR THE MODEL MANAGEMENT COMPANY.
   6. "DEAL MEMO" MEANS A SUMMARY WRITTEN IN PLAIN LANGUAGE WHICH IDENTI-
 FIES THE KEY COMPONENTS OF ANY  EMPLOYMENT,  ENGAGEMENT,  ENTERTAINMENT,
 EXHIBITION,  OR  PERFORMANCE,  INCLUDING BUT NOT LIMITED TO THE SCOPE OF
 WORK, RATE OF PAY, PAYMENT TERM, USAGES, INCURRED EXPENSES, AND EXPECTA-
 TIONS OF THE MODEL. A DEAL  MEMO  SHALL  BE  PROVIDED  IN  THE  LANGUAGE
 REQUESTED BY THE MODEL.
   7.  "DIGITAL REPLICA" MEANS A SIGNIFICANT, COMPUTER-GENERATED OR ARTI-
 FICIAL  INTELLIGENCE-ENHANCED  REPRESENTATION  OF  A  MODEL'S  LIKENESS,
 INCLUDING BUT NOT LIMITED TO, THEIR FACE, BODY, OR VOICE, WHICH SUBSTAN-
 TIALLY  REPLICATES  OR  REPLACES  THE MODEL'S APPEARANCE OR PERFORMANCE,
 EXCLUDING ROUTINE PHOTOGRAPHIC EDITS SUCH  AS  COLOR  CORRECTION,  MINOR
 RETOUCHING, OR OTHER STANDARD POST-PRODUCTION MODIFICATIONS.
   § 1032. REGISTRATION  REQUIRED.  A  MODEL MANAGEMENT COMPANY SHALL NOT
 ENGAGE IN BUSINESS IN THIS STATE OR ENTER INTO ANY  ARRANGEMENT  WITH  A
 CLIENT  OR  MODEL  FOR THE PURPOSE OF PROVIDING MODEL MANAGEMENT COMPANY
 SERVICES IN THIS STATE UNLESS THE MODEL MANAGEMENT COMPANY IS REGISTERED
 UNDER THIS ARTICLE. A MODEL MANAGEMENT COMPANY THAT DOES NOT COMPLY WITH
 THE PROVISIONS OF THIS ARTICLE SHALL NOT BE A REGISTERED  MODEL  MANAGE-
 MENT COMPANY IN THIS STATE.
   § 1033. REGISTRATION  PROCESS. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS
 SECTION, A MODEL MANAGEMENT COMPANY REQUIRED TO BE REGISTERED UNDER THIS
 ARTICLE SHALL PROVIDE THE DEPARTMENT WITH INFORMATION  REQUIRED  BY  THE
 DEPARTMENT ON FORMS THAT THE DEPARTMENT SPECIFIES.
   2.  TWO  OR MORE MODEL MANAGEMENT COMPANIES THAT ARE MAJORITY OWNED BY
 THE SAME ULTIMATE PARENT, ENTITY OR PERSONS MAY BE REGISTERED AS A MODEL
 MANAGEMENT GROUP. A MODEL MANAGEMENT GROUP MAY SATISFY ANY REPORTING AND
 FINANCIAL REQUIREMENTS OF THIS ARTICLE ON A  CONSOLIDATED  BASIS.  AS  A
 CONDITION OF REGISTRATION AS A MODEL MANAGEMENT GROUP, EACH COMPANY THAT
 IS  A MEMBER OF THE GROUP SHALL GUARANTEE PAYMENT OF ALL FINANCIAL OBLI-
 GATIONS OF EACH OTHER MEMBER.  AT A MINIMUM, A MODEL MANAGEMENT  COMPANY
 OR MODEL MANAGEMENT GROUP SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) ALL NAMES UNDER WHICH IT CONDUCTS BUSINESS;
   (B)  THE  ADDRESS  OF  THE  PRINCIPAL  PLACE  OF BUSINESS OF THE MODEL
 MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP AND  THE  ADDRESS  OF  EACH
 OFFICE IT MAINTAINS IN NEW YORK STATE;
 S. 9832                             3
 
   (C)  THE MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP'S TAXPAYER
 OR EMPLOYER IDENTIFICATION NUMBER;
   (D)  A LIST BY JURISDICTION OF EACH NAME UNDER WHICH THE MODEL MANAGE-
 MENT COMPANY OR MODEL MANAGEMENT GROUP HAS  OPERATED  IN  THE  PRECEDING
 FIVE  YEARS, INCLUDING ANY ALTERNATIVE NAMES, NAMES OF PREDECESSORS AND,
 IF KNOWN, SUCCESSOR BUSINESS ENTITIES; AND
   (E) IN THE EVENT THE MODEL MANAGEMENT COMPANY OR THE  ULTIMATE  PARENT
 OF  A MODEL MANAGEMENT GROUP IS A PRIVATELY OR CLOSELY HELD COMPANY, THE
 MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP SHALL FILE A LIST  OF
 ALL  PERSONS OR ENTITIES THAT BENEFICIALLY OWN A FIVE PERCENT OR GREATER
 INTEREST IN THE MODEL MANAGEMENT COMPANY AT THE TIME OF APPLICATION  AND
 A  LIST  OF  PERSONS  WHO  FORMERLY BENEFICIALLY OWNED A FIVE PERCENT OR
 GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR ITS PREDECESSORS  IN
 THE  PRECEDING  FIVE YEARS. IN THE EVENT THE MODEL MANAGEMENT COMPANY OR
 THE ULTIMATE PARENT OF A MODEL MANAGEMENT GROUP  IS  A  PUBLICLY  TRADED
 COMPANY,  THE  MODEL  MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP SHALL
 FILE A LIST OF ALL PERSONS OR ENTITIES THAT  BENEFICIALLY  OWN  A  FIFTY
 PERCENT OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR THE ULTI-
 MATE PARENT OF THE MODEL MANAGEMENT GROUP AT THE TIME OF APPLICATION.
   3.  EACH  MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP OPERATING
 WITHIN THIS STATE SHALL COMPLETE ITS  INITIAL  REGISTRATION  WITHIN  ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   4.  UPON  APPLICATION  FOR REGISTRATION, A MODEL MANAGEMENT COMPANY OR
 MODEL MANAGEMENT GROUP WITH MORE THAN FIVE EMPLOYEES  THAT  EITHER  WORK
 FROM A LOCATION IN THIS STATE OR PERFORM WORK RELATING TO MODELS IN THIS
 STATE  SHALL  DEPOSIT  WITH  THE  DEPARTMENT A SURETY BOND IN THE SUM OF
 FIFTY THOUSAND DOLLARS.
   5. EVERY MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP REGISTERED
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL PAY TO THE COMMISSIONER
 A REGISTRATION FEE BEFORE THE CERTIFICATE OF REGISTRATION IS ISSUED. THE
 REGISTRATION FEE FOR A MODEL  MANAGEMENT  COMPANY  OR  MODEL  MANAGEMENT
 GROUP  OPERATING  WITH  FIVE  OR  LESS  EMPLOYEES  SHALL BE FIVE HUNDRED
 DOLLARS, AND FOR A MODEL MANAGEMENT COMPANY OR  MODEL  MANAGEMENT  GROUP
 OPERATING  WITH  MORE THAN FIVE EMPLOYEES, THE REGISTRATION FEE SHALL BE
 SEVEN HUNDRED DOLLARS.  IF THE APPLICATION FOR REGISTRATION IS DENIED OR
 WITHDRAWN, ONE-HALF OF THE REGISTRATION FEE  PROVIDED  HEREIN  SHALL  BE
 RETURNED TO THE APPLICANT.
   6.  A  MODEL  MANAGEMENT COMPANY SHALL BE EXEMPT FROM THE REGISTRATION
 REQUIREMENTS SPECIFIED IN THIS SECTION IF SUCH MODEL MANAGEMENT COMPANY:
   (A) SUBMITS A PROPERLY EXECUTED REQUEST FOR AN EXEMPTION  FROM  REGIS-
 TRATION ON A FORM PROVIDED BY THE DEPARTMENT;
   (B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
 MODEL  MANAGEMENT  COMPANY IN ANOTHER STATE THAT HAS THE SAME OR GREATER
 REQUIREMENTS AS THIS ARTICLE; AND
   (C) DOES NOT MAINTAIN AN OFFICE IN THIS STATE OR SOLICIT IN ANY MANNER
 CLIENTS LOCATED OR DOMICILED WITHIN THIS STATE.
   7. THE REGISTRATION OR EXEMPTION FROM REGISTRATION OF A MODEL  MANAGE-
 MENT  COMPANY  SHALL  BE  VALID FOR TWO YEARS; THE DEPARTMENT SHALL ALSO
 ESTABLISH A REGISTRATION RENEWAL PROCESS.
   8. THE DEPARTMENT SHALL MAINTAIN A LIST OF MODEL MANAGEMENT  COMPANIES
 REGISTERED UNDER THIS ARTICLE AND SHALL ISSUE A CERTIFICATE OF REGISTRA-
 TION TO EACH MODEL MANAGEMENT COMPANY DULY REGISTERED.
   9. THE DEPARTMENT SHALL PRESCRIBE FORMS NECESSARY TO PROMOTE THE EFFI-
 CIENT ADMINISTRATION OF THIS SECTION.
   § 1034. DUTIES  OF  MODEL  MANAGEMENT  COMPANIES.   A MODEL MANAGEMENT
 COMPANY SHALL:
 S. 9832                             4

   1. BE DEEMED TO HAVE A FIDUCIARY DUTY TO THE MODELS THEY REPRESENT AND
 SHALL BE REQUIRED TO ACT IN GOOD FAITH,  WITH  THE  UTMOST  HONESTY  AND
 INTEGRITY,  IN  THE  BEST  INTERESTS  OF THE MODELS. THIS FIDUCIARY DUTY
 SHALL ENCOMPASS ALL ASPECTS OF THE MODEL MANAGEMENT COMPANY'S  REPRESEN-
 TATION,  INCLUDING,  BUT NOT LIMITED TO, NEGOTIATIONS, CONTRACTS, FINAN-
 CIAL MANAGEMENT, AND THE PROTECTION OF THE MODELS' LEGAL  AND  FINANCIAL
 RIGHTS;
   2.   CONDUCT DUE DILIGENCE TO ENSURE THAT ANY EMPLOYMENT OR ENGAGEMENT
 PROCURED THROUGH THE MODEL MANAGEMENT COMPANY DOES NOT POSE AN UNREASON-
 ABLE RISK OF DANGER TO THE MODEL. AN UNREASONABLE RISK OF  DANGER  SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, FAILING TO ESTABLISH AND COMMUNICATE A
 ZERO TOLERANCE POLICY FOR ABUSE, HARASSMENT, OR ANY OTHER FORM OF  INAP-
 PROPRIATE BEHAVIOR;
   3.  USE  ITS  BEST  EFFORTS TO PROCURE EMPLOYMENT, ENGAGEMENTS, ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES FOR REMUNERATION FOR  THE  MODELS
 SIGNED TO THE MODEL MANAGEMENT COMPANY;
   4.  ENSURE  THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
 OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
 SHALL COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  SECTION
 FIFTY-TWO-C  OF  THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER THREE HUNDRED
 FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
   5. PROVIDE MODELS WITH WRITTEN PHYSICAL OR DIGITAL COPIES OF THE FINAL
 AGREEMENTS THE MODEL MANAGEMENT COMPANY HAS NEGOTIATED WITH CLIENTS  AND
 ANY  DEAL MEMOS MEMORIALIZING SUCH AGREEMENTS AT LEAST TWENTY-FOUR HOURS
 PRIOR TO THE COMMENCEMENT OF  A  MODEL'S  SERVICES  PERTAINING  TO  EACH
 AGREEMENT IN THE LANGUAGE REQUESTED BY THE MODEL;
   6.  CLEARLY  SPECIFY  ALL  ITEMS THAT MAY BE INITIALLY PAID FOR BY THE
 MODEL MANAGEMENT COMPANY  BUT  WILL  ULTIMATELY  BE  DEDUCTED  FROM  THE
 COMPENSATION  DUE  TO  THE  MODEL  AT THE TIME OF PAYMENT OR SETTLEMENT,
 TOGETHER WITH AN ITEMIZED RECITATION AS  TO  HOW  EACH  ITEM  IS  TO  BE
 COMPUTED,  PROVIDED  SUCH  CHARGES  ARE NOT OTHERWISE PROHIBITED BY THIS
 ARTICLE. ON A QUARTERLY BASIS, A MODEL SHALL ALSO BE GIVEN COPIES OF ANY
 AND ALL DOCUMENTATION HELD BY  OR  AVAILABLE  TO  THE  MODEL  MANAGEMENT
 COMPANY NECESSARY TO DETERMINE THE VALIDITY OF EACH CHARGE;
   7.    DISCLOSE  ANY  FINANCIAL RELATIONSHIP, CONTRACTUAL OR OTHERWISE,
 THAT MAY EXIST BETWEEN THE MODEL  MANAGEMENT  COMPANY  AND  THE  CLIENT,
 OTHER THAN THE AGREEMENT RELATING SPECIFICALLY TO MODELING SERVICES;
   8. NOTIFY FORMER MODELS IN WRITING, INCLUDING ELECTRONIC NOTIFICATION,
 IF  THE  MODEL MANAGEMENT COMPANY COLLECTS ROYALTIES DUE TO A MODEL WHOM
 THE MANAGEMENT COMPANY NO LONGER REPRESENTS;
   9. POST A PHYSICAL COPY OF THE MODEL MANAGEMENT COMPANY'S  CERTIFICATE
 OF  REGISTRATION  IN  A  CONSPICUOUS  PLACE  IN  THE OFFICE OF THE MODEL
 MANAGEMENT COMPANY AND A DIGITAL COPY ON THE MODEL MANAGEMENT  COMPANY'S
 WEBSITE;
   10. INCLUDE, IN CLEAR AND LEGIBLE TYPE, THE REGISTRATION NUMBER OF THE
 MODEL  MANAGEMENT  COMPANY  IN ANY ADVERTISEMENT, INCLUDING SOCIAL MEDIA
 PROFILES FOR THE MODEL MANAGEMENT COMPANY, FOR THE PURPOSE OF THE SOLIC-
 ITATION OF MODELS FOR THE MODEL MANAGEMENT COMPANY AND IN  ANY  CONTRACT
 WITH A MODEL OR CLIENT; AND
   11.  OBTAIN CLEAR WRITTEN CONSENT FOR THE CREATION OR USE OF A MODEL'S
 DIGITAL REPLICA, DETAILING THE SCOPE, PURPOSE, RATE OF PAY, AND DURATION
 OF SUCH USE. THIS CONSENT MUST BE OBTAINED SEPARATELY FROM THE REPRESEN-
 TATION AGREEMENT.
   § 1035. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES. A MODEL MANAGEMENT
 COMPANY SHALL NOT:
 S. 9832                             5
 
   1. REQUIRE OR COLLECT ANY FEE OR DEPOSIT FROM A MODEL UPON THE SIGNING
 OF, OR AS A CONDITION  TO  ENTERING  INTO,  ANY  CONTRACT  OR  AGREEMENT
 BETWEEN THE MODEL MANAGEMENT COMPANY AND THE MODEL;
   2.  PROCURE  ANY  ACCOMMODATION FOR WHICH PAYMENT SHALL BE PROVIDED OR
 REIMBURSED BY THE MODEL IN ANY WAY, WITHOUT PROVIDING A WRITTEN  DISCLO-
 SURE  OF  THE RATE CHARGED FOR THE ACCOMMODATION TO THE MODEL IN ADVANCE
 OF SUCH MODEL'S STAY AT THE ACCOMMODATION;
   3. DEDUCT OR OFFSET FROM A MODEL'S PAYMENT OR COMPENSATION ANY FEE  OR
 EXPENSE  OTHER  THAN  THE  AGREED  UPON  COMMISSION  AS SET FORTH IN THE
 CONTRACT AND ANY ITEMS ADVANCED PURSUANT TO SUBDIVISION SIX  OF  SECTION
 ONE  THOUSAND  THIRTY-FOUR  OF  THIS ARTICLE.   SUCH PROHIBITED FEES AND
 EXPENSES INCLUDE BUT ARE NOT  LIMITED  TO  WEBSITE  FEES,  ACCOMMODATION
 FEES, DELIVERY FEES, AND INTEREST ON PAYMENT OF THE MODEL'S EARNINGS;
   4.  ADVANCE  THE COST OF TRAVEL OR VISA-RELATED COSTS WITHOUT INFORMED
 WRITTEN CONSENT FROM THE MODEL;
   5. REQUIRE A MODEL TO SIGN A MODEL MANAGEMENT  COMPANY  CONTRACT  THAT
 CONTAINS A TERM GREATER THAN THREE YEARS;
   6.  REQUIRE  A  MODEL TO SIGN A MODEL MANAGEMENT COMPANY CONTRACT THAT
 RENEWS WITHOUT THE MODEL'S AFFIRMATIVE WRITTEN CONSENT;
   7. IMPOSE A COMMISSION FEE GREATER THAN TWENTY PERCENT OF THE  MODEL'S
 PAYMENT OR COMPENSATION;
   8. TAKE ANY RETALIATORY ACTION AGAINST ANY MODEL WHO FILES OR ATTEMPTS
 TO FILE A COMPLAINT PURSUANT TO THIS ARTICLE OR DECLINES OR DISCONTINUES
 PARTICIPATION  IN  ANY CASTING OR BOOKING ON ACCOUNT OF REASONABLE, GOOD
 FAITH CONCERNS REGARDING AN ACTUAL OR POTENTIAL VIOLATION OF THIS  ARTI-
 CLE;
   9.  ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A MODEL
 BECAUSE OF ANY PROTECTED STATUS COVERED UNDER PARAGRAPH (A) OF  SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW; OR
   10. CREATE, ALTER, OR MANIPULATE A MODEL'S DIGITAL REPLICA USING ARTI-
 FICIAL  INTELLIGENCE  WITHOUT  CLEAR,  CONSPICUOUS  AND SEPARATE WRITTEN
 CONSENT FROM THE MODEL.
   § 1036. POWER OF ATTORNEY. 1. ANY POWER OF ATTORNEY AGREEMENT  BETWEEN
 A MODEL MANAGEMENT COMPANY AND A MODEL SHALL:
   (A)  BE  PRESENTED  AS  AN  OPTIONAL COMPONENT OF THE MODEL MANAGEMENT
 COMPANY'S REPRESENTATION AGREEMENT;
   (B) NOT BE PRESENTED AS A NECESSARY  CONDITION  OF  ENTERING  INTO  AN
 AGREEMENT WITH THE MODEL MANAGEMENT COMPANY;
   (C)  BE  SUBJECT  TO  TERMINATION BY THE MODEL AT ANY TIME AND FOR ANY
 REASON;
   (D) NOT VIOLATE THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE THOU-
 SAND THIRTY-FOUR OF THIS ARTICLE AND EXTEND  ONLY  TO  MATTERS  DIRECTLY
 RELATED TO THE PROVISION OF MODELING SERVICES, WITH THE EXCLUSION OF THE
 USE OF THE MODEL'S DIGITAL REPLICA.
   2. ANY POWER OF ATTORNEY AGREEMENT THAT VIOLATES THIS SECTION SHALL BE
 CONSIDERED VOID AS A MATTER OF PUBLIC POLICY.
   § 1037. DUTIES OF CLIENTS. A CLIENT SHALL:
   1.  COMPENSATE  MODELS AT AN HOURLY RATE AT LEAST FIFTY PERCENT HIGHER
 THAN THE CONTRACTED HOURLY RATE FOR ANY EMPLOYMENT,  ENGAGEMENT,  ENTER-
 TAINMENT,  EXHIBITION  OR  PERFORMANCE  THAT  EXCEEDS EIGHT HOURS IN ANY
 TWENTY-FOUR HOUR PERIOD;
   2. PROVIDE AT LEAST ONE THIRTY MINUTE MEAL BREAK FOR  ANY  EMPLOYMENT,
 ENGAGEMENT,  ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
 HOURS IN ANY TWENTY-FOUR HOUR PERIOD;
   3. ONLY OFFER AN EMPLOYMENT OR ENGAGEMENT TO A  MODEL  THAT  DOES  NOT
 POSE  AN  UNREASONABLE RISK OF DANGER TO THE MODEL. AN UNREASONABLE RISK
 S. 9832                             6

 OF DANGER SHALL INCLUDE, BUT NOT BE LIMITED TO, FAILURE TO ESTABLISH AND
 COMMUNICATE A ZERO TOLERANCE POLICY FOR ABUSE, HARASSMENT, OR ANY  OTHER
 FORM OF INAPPROPRIATE BEHAVIOR;
   4.  ENSURE  THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
 OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
 SHALL COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  SECTION
 FIFTY-TWO-C  OF  THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER THREE HUNDRED
 FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
   5. ALLOW THE MODEL TO BE ACCOMPANIED BY THEIR AGENT, MANAGER,  CHAPER-
 ONE,  OR  OTHER  REPRESENTATIVE  TO  ANY  EMPLOYMENT, ENGAGEMENT, ENTER-
 TAINMENT, EXHIBITION OR PERFORMANCE;
   6. PROVIDE ADEQUATE LEVELS OF LIABILITY INSURANCE TO COVER  AND  SAFE-
 GUARD THE HEALTH AND SAFETY OF MODELS; AND
   7. OBTAIN CLEAR AND CONSPICUOUS PRIOR WRITTEN CONSENT FOR ANY CREATION
 OR  USE OF A MODEL'S DIGITAL REPLICA, DETAILING THE SCOPE, PURPOSE, RATE
 OF PAY, AND DURATION OF SUCH USE.
   § 1038. VIOLATIONS, PENALTIES AND PROCEDURES. 1. ANY MODEL  MANAGEMENT
 COMPANY  THAT HAS FAILED TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF
 SECTION ONE THOUSAND THIRTY-TWO OF THIS ARTICLE SHALL BE DEEMED TO  HAVE
 VIOLATED THIS ARTICLE.
   2.  ANY  MODEL MANAGEMENT COMPANY THAT HAS FAILED TO COMPLY WITHIN THE
 TIME SPECIFIED BY LAW WITH AN ORDER ISSUED BY THE COMMISSIONER TO COMPLY
 WITH THE REGISTRATION REQUIREMENTS OF SECTION ONE THOUSAND THIRTY-TWO OF
 THIS ARTICLE SHALL BE DEEMED TO HAVE VIOLATED THIS ARTICLE.
   3. (A) THE COMMISSIONER MAY  IMPOSE  A  CIVIL  PENALTY  UPON  A  MODEL
 MANAGEMENT  COMPANY  THAT HAS BEEN DEEMED TO HAVE VIOLATED THIS ARTICLE,
 FOR NO MORE THAN THREE THOUSAND DOLLARS FOR THE INITIAL  VIOLATION,  AND
 FOR  NO  MORE  THAN  FIVE  THOUSAND  DOLLARS  FOR A SECOND OR SUBSEQUENT
 VIOLATION.
   (B) THE ORDER IMPOSING SUCH CIVIL PENALTY MAY BE SERVED PERSONALLY  OR
 BY  CERTIFIED MAIL AT THE LAST KNOWN MAILING ADDRESS OF THE PERSON BEING
 SERVED. SUCH ORDER SHALL BE IN WRITING AND SHALL DESCRIBE THE NATURE  OF
 THE  VIOLATION,  INCLUDING  REFERENCE  TO THE PROVISIONS OF SUBDIVISIONS
 ONE, TWO AND THREE OF THIS SECTION ALLEGED TO HAVE BEEN VIOLATED.
   4. AN ORDER ISSUED UNDER THIS SECTION SHALL BE FINAL AND  NOT  SUBJECT
 TO  REVIEW  BY  ANY  COURT  OR AGENCY UNLESS A REVIEW IS HAD PURSUANT TO
 SECTION ONE HUNDRED ONE OF THIS CHAPTER. PROVIDED THAT NO PROCEEDING FOR
 ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN
 BE PENDING AND THE TIME FOR INITIATION OF  SUCH  PROCEEDING  SHALL  HAVE
 EXPIRED,  THE  COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY
 WHERE THE PERSON AGAINST WHOM THE PENALTY HAS BEEN IMPOSED HAS  A  PLACE
 OF  BUSINESS THE ORDER OF THE COMMISSIONER OR THE DECISION OF THE INDUS-
 TRIAL BOARD OF APPEALS CONTAINING THE AMOUNT OF THE CIVIL  PENALTY.  THE
 FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF
 A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECI-
 SION  MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE SAME
 MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE  CIVIL  PRACTICE
 LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   5.  IF ANY MODEL MANAGEMENT COMPANY HAS FAILED TO COMPLY WITHIN TWENTY
 DAYS OF AN ORDER BY THE COMMISSIONER TO REGISTER OR RENEW  REGISTRATION,
 THE  COMMISSIONER MAY SEEK TO ENJOIN SUCH UNLAWFUL ACTIVITY, PURSUANT TO
 THE CIVIL PRACTICE LAW AND RULES.
   6. THE ATTORNEY GENERAL MAY BRING AND MAINTAIN AN ACTION IN A COURT OF
 COMPETENT JURISDICTION TO ENFORCE THE PROVISIONS OF  THIS  ARTICLE  WHEN
 THE ATTORNEY GENERAL HAS DETERMINED THERE IS REASONABLE CAUSE TO BELIEVE
 THAT  A  MODEL  MANAGEMENT COMPANY HAS ENGAGED IN REPEATED FRAUDULENT OR
 S. 9832                             7
 
 ILLEGAL ACTS OR OTHERWISE DEMONSTRATES PERSISTENT FRAUD OR ILLEGALITY IN
 THE CARRYING ON, CONDUCTING, OR TRANSACTING OF BUSINESS.
   7.  (A)  A  MODEL  WHO IS AGGRIEVED BY A VIOLATION OF THIS ARTICLE MAY
 FILE A COMPLAINT WITH THE COMMISSIONER WITHIN SIX YEARS AFTER  THE  ACTS
 ALLEGED  TO  HAVE VIOLATED THIS ARTICLE OCCURRED. THE COMMISSIONER SHALL
 PRESCRIBE THE FORM OF THE COMPLAINT, WHICH SHALL INCLUDE, AT A MINIMUM:
   (I) THE NAME AND MAILING ADDRESS OF THE MODEL AND  OF  THE  PERSON  OR
 ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE;
   (II)  A STATEMENT DETAILING THE TERMS OF THE MODEL'S CONTRACT, INCLUD-
 ING A COPY OF SUCH CONTRACT IF AVAILABLE;
   (III) THE MODEL'S OCCUPATION;
   (IV) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF THIS ARTICLE; AND
   (V) A SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE  COMPLAINT  ARE
 TRUE.
   (B)  (I)  WITHIN  TWENTY  DAYS  OF  RECEIVING  A  COMPLAINT ALLEGING A
 VIOLATION OF THIS ARTICLE, THE COMMISSIONER SHALL  SEND  THE  PERSON  OR
 ENTITY  NAMED  IN  THE  COMPLAINT  A  WRITTEN NOTICE OF COMPLAINT.   THE
 COMMISSIONER SHALL SEND SUCH NOTICE BY CERTIFIED MAIL AND SHALL BEAR THE
 COST OF SENDING SUCH NOTICE.
   (II) NOTICE SHALL INCLUDE:
   (1) A COPY OF THE COMPLAINT;
   (2) MATERIALS OF REMEDIES AVAILABLE TO THE MODEL FOR THE VIOLATIONS OF
 SAID ARTICLE BY THE PERSON OR ENTITY NAMED IN THE COMPLAINT;
   (3) MATERIALS INFORMING THE PERSON OR ENTITY THAT  TWENTY  DAYS  AFTER
 RECEIVING  THE  NOTICE  OF COMPLAINT, THE PERSON OR ENTITY IDENTIFIED IN
 THE COMPLAINT MUST ANSWER; AND
   (4) MATERIALS INFORMING THE PERSON OR ENTITY THAT FAILURE  TO  RESPOND
 TO  THE  COMPLAINT  WILL  CREATE  A  REBUTTABLE PRESUMPTION IN ANY CIVIL
 ACTION COMMENCED PURSUANT TO THIS ARTICLE THAT  SUCH  PERSON  OR  ENTITY
 COMMITTED THE VIOLATIONS ALLEGED IN THE COMPLAINT.
   (C) THE RESPONSE SHALL INCLUDE:
   (I) A WRITTEN STATEMENT THAT THE MODEL HAS BEEN PAID IN FULL AND PROOF
 OF SUCH PAYMENT; OR
   (II)  A WRITTEN STATEMENT THAT THE MODEL HAS NOT BEEN PAID IN FULL AND
 THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
   (D) (I) WITHIN TWENTY DAYS OF  RECEIVING  THE  WRITTEN  RESPONSE,  THE
 COMMISSIONER SHALL SEND THE MODEL A COPY OF:
   (1) THE RESPONSE;
   (2)  ANY  ENCLOSURES  SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
 AND
   (3) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT.
   (II) IF THE COMMISSIONER RECEIVES NO RESPONSE FROM THE PERSON OR ENTI-
 TY ALLEGED TO HAVE VIOLATED THIS ARTICLE  TO  THE  NOTICE  OF  COMPLAINT
 WITHIN  THE  TIME  PROVIDED  BY  THIS SUBDIVISION, THEN THERE SHALL BE A
 REBUTTABLE  PRESUMPTION  THAT  SUCH  PERSON  OR  ENTITY  COMMITTED   THE
 VIOLATIONS  ALLEGED  IN  THE  COMPLAINT.  THE  COMMISSIONER SHALL MAIL A
 NOTICE OF NON-RESPONSE TO BOTH THE MODEL AND THE PERSON OR ENTITY  NAMED
 IN  THE  COMPLAINT  BY  REGULAR  MAIL AND SHALL INCLUDE WITH SUCH NOTICE
 PROOF THAT THE COMMISSIONER PREVIOUSLY MAILED THE NOTICE OF COMPLAINT TO
 THE PERSON OR ENTITY NAMED IN THE COMPLAINT BY CERTIFIED MAIL.
   8. AN AGGRIEVED MODEL MAY BRING AND MAINTAIN AN ACTION IN A  COURT  OF
 COMPETENT  JURISDICTION  TO ENFORCE THE PROVISIONS OF SECTIONS ONE THOU-
 SAND THIRTY-FOUR AND ONE THOUSAND THIRTY-FIVE OF THIS ARTICLE.  A  MODEL
 MANAGEMENT  COMPANY  THAT  VIOLATES  THESE  SECTIONS SHALL BE LIABLE FOR
 ACTUAL DAMAGES TO ANY MODEL  THAT  HAS  SUFFERED  DAMAGES  DUE  TO  SUCH
 VIOLATION, REASONABLE ATTORNEYS' FEES AND COSTS, AND, UNLESS THE EMPLOY-
 S. 9832                             8
 
 ER PROVES A GOOD FAITH BASIS TO BELIEVE THAT ITS ACTIONS WERE IN COMPLI-
 ANCE  WITH  THE  LAW,  AN  ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES IN AN
 AMOUNT OF NO MORE THAN ONE HUNDRED PERCENT OF THE TOTAL AMOUNT OF ACTUAL
 DAMAGES,  EXCEPT  SUCH  LIQUIDATED  DAMAGES  MAY  BE UP TO THREE HUNDRED
 PERCENT IF FOUND THAT THE ACTIONS WERE WILLFUL.
   § 1039. OTHER LEGAL REQUIREMENTS. NOTHING IN THIS ARTICLE SHALL DIMIN-
 ISH THE RIGHTS, PRIVILEGES, WAGES, WORKING CONDITIONS OR REMEDIES OF ANY
 EMPLOYEE UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.