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A05631 Summary:

BILL NOA05631C
 
SAME ASSAME AS S02477-C
 
SPONSORReyes
 
COSPNSRKelles, Bronson, Sillitti, Steck, Rosenthal L, De Los Santos, Aubry, Paulin, Glick, Colton, Stirpe, Cruz, Simone, Epstein, Gibbs, Burgos, Taylor, Raga, Weprin, Jean-Pierre, Simon, Tapia, Clark, Gonzalez-Rojas, Mitaynes, Brabenec, Smith, Alvarez, Wallace, Thiele, Levenberg
 
MLTSPNSR
 
Add Art 36 1030 - 1040, Lab L
 
Provides for the registration and duties of model management companies; provides complaint procedures and penalties for violations.
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A05631 Actions:

BILL NOA05631C
 
03/20/2023referred to labor
05/10/2023amend and recommit to labor
05/10/2023print number 5631a
01/03/2024referred to labor
02/08/2024amend and recommit to labor
02/08/2024print number 5631b
03/20/2024amend and recommit to labor
03/20/2024print number 5631c
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A05631 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5631C
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the labor law, in relation to enacting the New York state fashion workers act   PURPOSE: To amend the labor law, in relation to enacting the New York state fash- ion workers act   SUMMARY OF SPECIFIC PROVISIONS: Section 1 entitles the bill the New York State Fashion Workers Act and defines client, model, modeling management company, and modeling services. Requires registration for model management companies and lays out the provisions of the registration process. Lays out the duties of model management companies including fiduciary and registration duties and details the prohibitions of model management companies with regard to fee collection, accommodation charges, payment deductions, contract renewal, commission feeds, retaliatory action, discrimination and harassment, and visa actions. Provides for the duties of clients and hiring parties regarding fees, compensation, and breaks. Details prohi- bitions on clients and hiring parties. Provides for the violations, penalties and procedures for any violations of the act. Creates a complaint process within the Department of Labor. Section 2 is the effective date, 180 days after the act shall have become law.   JUSTIFICATION: New York is the center of the American fashion industry, boasting world- class creative talent and best-in-class production companies and fashion and design schools. New York's fashion industry employs 180,000 people, accounting for 6% of the city's workforce and generating $10.9 billion in total wages. New York Fashion Week, a semi-annual series of events when fashion collections are shown to buyers, the press and the general public, has long been one of the city's economic drivers, generating close to $600 million in income each year. And yet, the creative workforce behind the industry's success - namely, models, influencers, and performing artists - are not afforded basic labor protections in New York. This is due to the multi-level structure of hiring of these profes- sionals as independent contractors through management companies. Unlike talent agencies, modeling agencies consider themselves to be management companies under New York State General Business Law § 171(8), known as the "incidental booking exception," thereby allowing them to escape licensing and regulation. This leaves models unprotected outside the terms of their individual contracts, which tend to be exploitative and one-sided in favor of the management company, and creates a lack of financial transparency and accountability when it comes to issues of both payment and sexual abuse. For example, models and creatives often wait months, even years to get paid for jobs through management compa- nies, which deduct various unexplained fees from their earnings. Model management companies house young models in overpriced model apartments, and hold them to exclusive, multi-year contracts without any obligation to book them work or pay them in a timely manner, which ensnares them in cycles of debt and makes them highly vulnerable to other forms of abuse, including trafficking. The Fashion Workers Act would address these issues by closing the legal loophole by which management companies escape accountability and create basic protections for fashion's creative workforce. As New York's fash- ion industry begins to recover from pandemic-related downfall, New York State must ensure the industry's workers - many of whom are young, immi- grant women and girls - are fairly compensated for their work and protected from abuse.   LEGISLATIVE HISTORY: 2022: A9762-A - 2022: Referred to Labor   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law
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A05631 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5631--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 20, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  REYES,  KELLES,  BRONSON,  SILLITTI,  STECK,
          L. ROSENTHAL, DE LOS SANTOS, AUBRY,  PAULIN,  GLICK,  COLTON,  STIRPE,
          CRUZ,   SIMONE,   EPSTEIN,   GIBBS,   BURGOS,  TAYLOR,  RAGA,  WEPRIN,
          JEAN-PIERRE, SIMON, TAPIA, CLARK, GONZALEZ-ROJAS, MITAYNES,  BRABENEC,
          SMITH,  ALVAREZ,  WALLACE, THIELE, LEVENBERG -- read once and referred
          to the Committee on  Labor  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Labor in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 
        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:
 
     1    Section 1. The labor law is amended by adding a new article 36 to read
     2  as follows:
     3                                 ARTICLE 36
     4                     NEW YORK STATE FASHION WORKERS ACT
     5  Section 1030. Short title.
     6          1031. Definitions.
     7          1032. Registration required.
     8          1033. Registration process.
     9          1034. Duties of model management companies.
    10          1035. Prohibitions on model management companies.
    11          1036. Power of attorney.
    12          1037. Duties of clients.
    13          1038. Prohibitions on clients.
    14          1039. Violations, penalties and procedures.
    15          1040. Other legal requirements.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02078-07-4

        A. 5631--C                          2
 
     1    § 1030. Short  title.  This article shall be known and may be cited as
     2  the "New York state fashion workers act".
     3    § 1031. Definitions. As used in this article:
     4    1. "Client" means a retail store, a manufacturer, a clothing designer,
     5  an advertising agency, a photographer, a publishing company or any other
     6  such  person  or  entity  that  receives modeling services from a model,
     7  directly or through intermediaries.
     8    2. "Model" means an individual, regardless of the individual's  status
     9  as an independent contractor or employee, who performs modeling services
    10  for a client or consents in writing to the transfer of their legal right
    11  to  the  use of their name, portrait, picture, image, or digital replica
    12  for advertising purposes or for the purposes of  trade,  directly  to  a
    13  client  or  who provides showroom, parts, or fit modeling services.  The
    14  term "model" shall include  influencers,  content  creators,  performing
    15  artists and other persons who perform modeling services.
    16    3. "Model management company" means any person or entity, other than a
    17  person  or  entity licensed as an employment agency under article eleven
    18  of the general business law, that:
    19    (a) is in the business of  managing  models  participating  in  enter-
    20  tainments, exhibitions or performances;
    21    (b)  procures or attempts to procure, for a fee, employment or engage-
    22  ments for persons seeking employment or engagements as models; or
    23    (c) renders vocational guidance or counselling services to models  for
    24  a fee.
    25    4. "Modeling services" means the appearance by a model in photographic
    26  sessions  or  the engagement of a model in live runway, live, filmed, or
    27  taped performances, including on social media platforms,  requiring  the
    28  model  to pose, provide an example or standard of artistic expression or
    29  to be a representation to show the construction or  appearance  of  some
    30  thing  or  place  for  purposes of display or advertising, including the
    31  provisions of castings, fittings, photoshoots, showroom,  parts  or  fit
    32  modeling  services.    "Modeling services" includes the use of a digital
    33  replica.
    34    5.  "Exclusive  representation"  means  an  agreement,  or  a   clause
    35  contained  in  an  agreement,  entered  into  between a model management
    36  company and a model that restricts such model from performing  work  for
    37  another  party  not  subject to such agreement for a specified period of
    38  time or in a specified  geographical  area,  that  is  similar  to  such
    39  model's work for the model management company.
    40    6. "Department" means the department of labor and "commissioner" means
    41  the  commissioner  of labor, except that a city with a population of one
    42  million or more may, by local law, designate a city  agency  to  enforce
    43  the  provisions of this article within the jurisdiction of such city, in
    44  which case "department" shall refer to the  agency  designated  by  such
    45  local law and "commissioner" shall refer to the head of such agency.
    46    7.  "Deal  memo"  means a plain language written summary in a language
    47  the model sufficiently understands of the key terms of  any  employment,
    48  engagement, entertainment, exhibition, or performance, including but not
    49  limited  to  the  scope  of  work,  rate  of  pay, payment term, usages,
    50  incurred expenses, and expectations of the model.
    51    8. "Digital replica" means a significant, computer-generated or  arti-
    52  ficial  intelligence-enhanced  representation  of  a  model's  likeness,
    53  including but not limited to, their face, body, or voice, which substan-
    54  tially replicates or replaces the  model's  appearance  or  performance,
    55  excluding  routine  photographic  edits  such as color correction, minor
    56  retouching, or other standard post-production modifications.

        A. 5631--C                          3
 
     1    § 1032. Registration required. A model management  company  shall  not
     2  engage in business from offices in this state or enter into any arrange-
     3  ment with a person for the purpose of providing model management company
     4  services to persons in this state unless the model management company is
     5  registered  under  this  article.  No person shall use the name or title
     6  "modeling agency", "model management company",  or  otherwise  represent
     7  that  it is registered under this article unless the entity or person is
     8  registered under this article. A model management company that does  not
     9  comply  with  the  provisions  of this article shall not be a registered
    10  model management company in this state.
    11    § 1033. Registration process. 1. Except as otherwise provided in  this
    12  section,  each  model management company required to be registered under
    13  this article shall provide the department with information  required  by
    14  the  department  on  forms  that the department specifies. At a minimum,
    15  model management companies shall provide the following information:
    16    (a) all names under which it conducts business;
    17    (b) the address of the  principal  place  of  business  of  the  model
    18  management  company  and  the address of each office it maintains in New
    19  York state;
    20    (c) the model management company's taxpayer or employer identification
    21  number;
    22    (d) a list by jurisdiction of each name under which the model  manage-
    23  ment  company  has  operated  in the preceding five years, including any
    24  alternative names, names of predecessors and, if known, successor  busi-
    25  ness entities; and
    26    (e)  in  the event the model management company or the ultimate parent
    27  of a model management group is a privately or closely held company,  the
    28  model  management company or model management group shall file a list of
    29  all persons or entities that beneficially own a five percent or  greater
    30  interest  in the model management company at the time of application and
    31  a list of persons who formerly beneficially  owned  a  five  percent  or
    32  greater  interest in the model management company or its predecessors in
    33  the preceding five years. In the event the model management  company  or
    34  the  ultimate  parent  of  a model management group is a publicly traded
    35  company, the model management company or model  management  group  shall
    36  file  a  list  of  all persons or entities that beneficially own a fifty
    37  percent or greater interest in the model management company or the ulti-
    38  mate parent of the model management group at the time of application.
    39    2. Each model management company operating  within  this  state  shall
    40  complete  its  initial  registration within one year after the effective
    41  date of this article.
    42    3. Within two years of the initial registration or any renewal  regis-
    43  tration,  each  registrant shall renew its registration by notifying the
    44  department of any changes in the information previously provided  pursu-
    45  ant to this section.
    46    4.  Upon  application  for registration, a model management company or
    47  model management group with more than five employees  that  either  work
    48  from a location in this state or perform work relating to models in this
    49  state  shall  deposit  with  the  department a surety bond in the sum of
    50  fifty thousand dollars.
    51    5. Every person licensed under the provisions of this article to carry
    52  on the business of a model management company or model management  group
    53  shall  pay  to  the  commissioner  a  license fee in accordance with the
    54  following schedule before such license is issued. The  minimum  fee  for
    55  said  license  shall be five hundred dollars, and for a model management
    56  company or model management group operating with more than  four  place-

        A. 5631--C                          4
 
     1  ment  employees,  seven  hundred dollars, provided, however, that if the
     2  license is to run less than one year, the fee shall be two hundred fifty
     3  dollars and three hundred fifty dollars respectively, and if the license
     4  is to run less than six months, the fee shall be one hundred twenty-five
     5  dollars  and  one  hundred  seventy-five  dollars  respectively. For the
     6  purpose of determining the license fee which a model management  company
     7  or  model  management  group  shall  pay, the applicant for such license
     8  shall state in the application to the commissioner the average number of
     9  placement employees employed by the applicant's model management company
    10  or model management group during the preceding calendar year; or, in the
    11  event that the applicant has not previously conducted a model management
    12  company or model management group under the provisions of this  article,
    13  he or she shall state the average number of placement employees which he
    14  or  she  reasonably  expects  will  be  employed by the model management
    15  company or model management group during the calendar year in which  the
    16  license  is  issued. If the application for a license is denied or with-
    17  drawn, one-half of the license fee provided herein shall be returned  to
    18  the applicant.
    19    6.  Two  or more model management companies that are majority owned by
    20  the same ultimate parent, entity or persons may be registered as a model
    21  management group. A model management group may satisfy any reporting and
    22  financial requirements of this article on a  consolidated  basis.  As  a
    23  condition of registration as a model management group, each company that
    24  is  a member of the group shall guarantee payment of all financial obli-
    25  gations of each other member.
    26    7. A model management company shall be exempt  from  the  registration
    27  requirements specified in this section if such model management company:
    28    (a) submits a properly executed request for registration and exemption
    29  on a form provided by the department;
    30    (b) is domiciled outside this state and is licensed or registered as a
    31  model  management  company in another state that has the same or greater
    32  requirements as this article; and
    33    (c) does not maintain an office in this state or solicit in any manner
    34  clients located or domiciled within this state.
    35    8. The registration and exemption of a model management company  under
    36  subdivision seven of this section shall be valid for two years.
    37    9.  The department shall maintain a list of model management companies
    38  registered under this article and shall issue a certificate of registra-
    39  tion to each model management company duly registered.
    40    10. The department may prescribe forms necessary to promote the  effi-
    41  cient administration of this section.
    42    § 1034. Duties  of  model  management  companies.   A model management
    43  company shall:
    44    1. be deemed to have a fiduciary duty to the models they represent and
    45  shall be required to act in good faith,  with  the  utmost  honesty  and
    46  integrity,  in  the  best  interests  of the models. This fiduciary duty
    47  shall encompass all aspects of the model management company's  represen-
    48  tation,  including,  but not limited to, negotiations, contracts, finan-
    49  cial management, and the protection of the models' legal  and  financial
    50  rights;
    51    2.   conduct due diligence to ensure that any employment or engagement
    52  booked through the model management company does not pose  an  unreason-
    53  able  risk  of danger to the model. An unreasonable risk of danger shall
    54  include, but not be limited to, failing to establish and  communicate  a
    55  zero  tolerance policy for abuse, harassment, or any other form of inap-
    56  propriate behavior;

        A. 5631--C                          5
 
     1    3. use its best efforts to  procure  employment,  engagements,  enter-
     2  tainments,  exhibitions  or  performances for a fee for models signed to
     3  the model management company;
     4    4.  ensure  that any employment, engagement, entertainment, exhibition
     5  or performance which requires nudity or other sexually explicit material
     6  shall comply with the  requirements  of  subdivision  three  of  section
     7  fifty-two-c  of  the civil rights law, as added by chapter three hundred
     8  four of the laws of two thousand twenty;
     9    5. provide models with physical or digital copies of the final  agree-
    10  ments the model management company has negotiated with  clients and deal
    11  memos memorializing such agreements, at least twenty-four hours prior to
    12  the  commencement of a model's services pertaining to each agreement, in
    13  a language the model sufficiently understands;
    14    6. clearly specify all items that may be initially  paid  for  by  the
    15  model  management  company  but  will  ultimately  be  deducted from the
    16  compensation due to the model at the  time  of  payment  or  settlement,
    17  together  with  an  itemized  recitation  as  to  how each item is to be
    18  computed, provided such charges are not  otherwise  prohibited  by  this
    19  article. On a quarterly basis, a model shall also be given copies of any
    20  and  all  documentation  held  by  or  available to the model management
    21  company necessary to determine the validity of each charge;
    22    7.   disclose any financial relationship,  contractual  or  otherwise,
    23  that  may  exist  between  the  model management company and the client,
    24  other than the agreement relating specifically to modeling services;
    25    8. notify former models in writing,  including  email,  if  the  model
    26  management company collects royalties due to a model whom the management
    27  company no longer represents;
    28    9.  post a physical copy of the model management company's certificate
    29  of registration in a conspicuous  place  in  the  office  of  the  model
    30  management  company and a digital copy on the model management company's
    31  website;
    32    10. include, in clear and legible type, the registration number of the
    33  model management company in any advertisement,  including  social  media
    34  profiles for the model management company, for the purpose of the solic-
    35  itation  of  models for the model management company and in any contract
    36  with a model or client;
    37    11. submit to the department  a  form  or  forms  of  contract  to  be
    38  utilized  by  such  model  management  company  in entering into written
    39  contracts with models for the employment or engagement of  the  services
    40  of such model management company by such models, and secure the approval
    41  of  the  department  thereof, provided the department shall not withhold
    42  approval unless such proposed form of contract  is  unfair,  unjust  and
    43  oppressive to the model; and
    44    12.  obtain clear written consent for the creation or use of a model's
    45  digital replica, detailing the scope, purpose, rate of pay, and duration
    46  of such use. This consent must be obtained separately from the represen-
    47  tation agreement.
    48    § 1035. Prohibitions on model management companies. A model management
    49  company shall not:
    50    1. require or collect any fee or deposit from a model upon the signing
    51  of, or as a condition  to  entering  into,  any  contract  or  agreement
    52  between the model management company and the model;
    53    2.  charge  more than the daily fair market rate for accommodation for
    54  the model;
    55    3. book any accommodation, payment of which shall be provided or reim-
    56  bursed by the model in any way, without providing a  written  disclosure

        A. 5631--C                          6
 
     1  of  the  rate  charged  for the accommodation to the model in advance of
     2  such model's stay at the accommodation;
     3    4.  deduct or offset from a model's payment or compensation any fee or
     4  expense other than the agreed  upon  commission  as  set  forth  in  the
     5  contract  and  any items advanced pursuant to subdivision six of section
     6  one thousand thirty-four of this article.    Such  prohibited  fees  and
     7  expenses  include  but  are  not  limited to website fees, accommodation
     8  fees, delivery fees, and interest on payment of the model's earnings;
     9    5. advance the cost of travel without informed  written  consent  from
    10  the model;
    11    6.  require  a  model to sign a model management company contract that
    12  contains a term greater than three years;
    13    7. require a model to sign a model management  company  contract  that
    14  renews without the model's affirmative written consent;
    15    8.  impose a commission fee greater than twenty percent of the model's
    16  payment or compensation;
    17    9. take any retaliatory action against any model who files or attempts
    18  to file a complaint pursuant to this article or declines or discontinues
    19  participation in any casting or booking on account of  reasonable,  good
    20  faith  concerns regarding an actual or potential violation of this arti-
    21  cle; or
    22    10. engage in discrimination or harassment of any kind against a model
    23  because of any protected status covered under paragraph (a) of  subdivi-
    24  sion one of section two hundred ninety-six of the executive law; or
    25    11. create, alter, or manipulate a model's digital replica using arti-
    26  ficial  intelligence  without  clear,  conspicuous  and separate written
    27  consent from the model.
    28    § 1036. Power of attorney. 1. Any power of attorney agreement  between
    29  a model management company and a model shall:
    30    (a)  be  presented  as  an  optional component of the model management
    31  company's representation agreement to which the model can opt in or out;
    32    (b) not be presented as a necessary  condition  of  entering  into  an
    33  agreement with the model management company;
    34    (c)  be  subject  to  termination by the model at any time and for any
    35  reason;
    36    (d) not violate the provisions of subdivision one of section one thou-
    37  sand thirty-four of this article; and extend only  to  matters  directly
    38  related to the provision of modeling services, with the exclusion of the
    39  use of the model's digital replica.
    40    2. Any power of attorney agreement that violates this section shall be
    41  considered void as a matter of public policy.
    42    § 1037. Duties of clients. A client shall:
    43    1.  compensate  models at an hourly rate at least fifty percent higher
    44  than the contracted hourly rate for any employment,  engagement,  enter-
    45  tainment,  exhibition  or  performance  that  exceeds eight hours in any
    46  twenty-four hour period;
    47    2. provide at least one thirty minute meal break for  any  employment,
    48  engagement,  entertainment, exhibition or performance that exceeds eight
    49  hours in any twenty-four hour period;
    50    3. only offer an employment or engagement to a  model  that  does  not
    51  pose  an  unreasonable risk of danger to the model. An unreasonable risk
    52  of danger shall include, but not be limited to, failure to establish and
    53  communicate a zero tolerance policy for abuse, harassment, or any  other
    54  form of inappropriate behavior;
    55    4.  ensure  that any employment, engagement, entertainment, exhibition
    56  or performance which requires nudity or other sexually explicit material

        A. 5631--C                          7

     1  shall comply with the  requirements  of  subdivision  three  of  section
     2  fifty-two-c  of  the civil rights law, as added by chapter three hundred
     3  four of the laws of two thousand twenty;
     4    5.  allow the model to be accompanied by their agent, manager, chaper-
     5  one, or other  representative  to  any  employment,  engagement,  enter-
     6  tainment, exhibition or performance;
     7    6.  provide  adequate levels of liability insurance to cover and safe-
     8  guard the health and safety of models; and
     9    7. obtain clear and conspicuous prior written consent for any creation
    10  or use of a model's digital replica, detailing the scope, purpose,  rate
    11  of pay, and duration of such use.
    12    § 1038. Prohibitions on clients. A client shall not:
    13    1.  engage in discrimination or harassment of any kind against a model
    14  because of any protected status covered under paragraph (a) of  subdivi-
    15  sion one of section two hundred ninety-six of the executive law; or
    16    2.  create, alter, or manipulate a model's digital replica using arti-
    17  ficial intelligence without clear and conspicuous prior written  consent
    18  from the model.
    19    § 1039. Violations,  penalties and procedures. 1. Any model management
    20  company or person purporting to be a model management  company  who  has
    21  failed to comply with the registration requirements of section one thou-
    22  sand  thirty-two  of  this article shall be deemed to have violated this
    23  article.
    24    2. Any model management company or person purporting  to  be  a  model
    25  management company who has failed to comply within the time specified by
    26  law  with  an order issued by the commissioner to comply with the regis-
    27  tration requirements of section one thousand thirty-two of this  article
    28  shall be deemed to have violated this article.
    29    3.  Any  client  who  enters into an agreement with a model management
    30  company or person purporting to be a model management  company,  who  is
    31  required to register, but whom the client knows or should have known has
    32  failed  to  register, failed to renew its registration or had its regis-
    33  tration revoked by the commissioner shall be  deemed  to  have  violated
    34  this article.
    35    4.  (a)  The  commissioner  may  impose  a  civil penalty upon a model
    36  management company, a person purporting to be a model management  compa-
    37  ny,  and  all  persons  or  entities  that own a five percent or greater
    38  interest in the model management company, that have been deemed to  have
    39  violated  this  article, for no more than three thousand dollars for the
    40  initial violation, and for no more than  five  thousand  dollars  for  a
    41  second or subsequent violation.
    42    (b)  The  commissioner  may  impose  a  civil  penalty upon any client
    43  described in subdivision three of this section that has been  deemed  to
    44  have  violated this article, for no more than three thousand dollars for
    45  the initial violation, and for no more than five thousand dollars for  a
    46  second or subsequent violation.
    47    (c)  The order imposing such civil penalty may be served personally or
    48  by certified mail at the last known mailing address of the person  being
    49  served.  Such order shall be in writing and shall describe the nature of
    50  the violation, including reference to  the  provisions  of  subdivisions
    51  one, two and three of this section alleged to have been violated.
    52    5.  An  order issued under this section shall be final and not subject
    53  to review by any court or agency unless a  review  is  had  pursuant  to
    54  section one hundred one of this chapter. Provided that no proceeding for
    55  administrative or judicial review as provided in this chapter shall then
    56  be  pending  and  the  time for initiation of such proceeding shall have

        A. 5631--C                          8
 
     1  expired, the commissioner may file with the county clerk of  the  county
     2  where  the  person against whom the penalty has been imposed has a place
     3  of business the order of the commissioner or the decision of the  indus-
     4  trial  board  of appeals containing the amount of the civil penalty. The
     5  filing of such order or decision shall have the full force and effect of
     6  a judgment duly docketed in the office of such clerk. The order or deci-
     7  sion may be enforced by and in the name of the commissioner in the  same
     8  manner,  and  with like effect, as that prescribed by the civil practice
     9  law and rules for the enforcement of a money judgment.
    10    6. If any model management company or person purporting to be a  model
    11  management  company shall have failed to comply within twenty days of an
    12  order by the commissioner to register or renew registration, the commis-
    13  sioner may seek to enjoin such unlawful activity, pursuant to the  civil
    14  practice law and rules.
    15    7.  A  model  may bring and maintain an action in a court of competent
    16  jurisdiction to enforce the provisions of this article. A model  manage-
    17  ment  company,  person  purporting  to be a model management company, or
    18  client that violates this article shall be liable for actual damages  to
    19  any  model  that  has suffered damages due to such violation, reasonable
    20  attorneys' fees and costs, and, unless  the employer proves a good faith
    21  basis to believe that its actions were in compliance with  the  law,  an
    22  additional amount as liquidated damages in an amount of no more than one
    23  hundred  percent  of  the  total  amount  of actual damages, except such
    24  liquidated damages may be up to three hundred percent if found that  the
    25  actions were willful.
    26    8. The attorney general may bring and maintain an action in a court of
    27  competent  jurisdiction  to  enforce the provisions of this article when
    28  the attorney general has determined there is reasonable cause to believe
    29  that a model management company, person purporting to be a model manage-
    30  ment company, or client has engaged in repeated  fraudulent  or  illegal
    31  acts  or  otherwise  demonstrates  persistent fraud or illegality in the
    32  carrying on, conducting, or transacting of business.
    33    9. (a) A model who is aggrieved by a violation  of  this  article  may
    34  file  a  complaint with the commissioner within six years after the acts
    35  alleged to have violated this article occurred. The  commissioner  shall
    36  prescribe the form of the complaint, which shall include, at a minimum:
    37    (i)  the  name  and  mailing address of the model and of the person or
    38  entity alleged to have violated this article;
    39    (ii) a statement detailing the terms of the model's contract,  includ-
    40  ing a copy of such contract if available;
    41    (iii) the model's occupation;
    42    (iv) a statement detailing the alleged violations of this article; and
    43    (v)  a  signed affirmation that all facts alleged in the complaint are
    44  true.
    45    (b) (i) Within  twenty  days  of  receiving  a  complaint  alleging  a
    46  violation  of  this  article,  the commissioner shall send the person or
    47  entity named in the complaint  a  written  notice  of  complaint.    The
    48  commissioner shall send such notice by certified mail and shall bear the
    49  cost of sending such notice.
    50    (ii) The notice required by this paragraph shall:
    51    (1)  inform  the  person  or  entity  named  in  the  complaint that a
    52  complaint has been filed alleging violations of this article;
    53    (2) detail the remedies available to a model for  violations  of  said
    54  article by the person or entity named in the complaint;
    55    (3) include a copy of the complaint; and

        A. 5631--C                          9
 
     1    (4) inform the person or entity named in the complaint that failure to
     2  respond  to  the  complaint  will create a rebuttable presumption in any
     3  civil action commenced pursuant to this  article  that  such  person  or
     4  entity committed the violations alleged in the complaint.
     5    (c)  Within  twenty  days  of  receiving  the notice of complaint, the
     6  person or entity identified in the complaint shall send the commissioner
     7  one of the following:
     8    (i) a written statement that the model has been paid in full and proof
     9  of such payment; or
    10    (ii) a written statement that the model has not been paid in full  and
    11  the reasons for the failure to provide such payment.
    12    (d)  (i)  Within  twenty  days  of receiving the written response, the
    13  commissioner shall send the model a copy of:
    14    (1) the response;
    15    (2) any enclosures submitted to the commissioner with the response;
    16    (3) materials informing the model that the model may bring  an  action
    17  in a court of competent jurisdiction; and
    18    (4) any other information about the status of the complaint.
    19    (ii) If the commissioner receives no response from the person or enti-
    20  ty  alleged  to  have  violated  this article to the notice of complaint
    21  within the time provided by this  subdivision,  the  commissioner  shall
    22  mail a notice of non-response to both the model and the person or entity
    23  named  in  the  complaint  by  regular  mail and shall include with such
    24  notice proof that the  commissioner  previously  mailed  the  notice  of
    25  complaint  to  the  person or entity named in the complaint by certified
    26  mail.  Upon satisfying the requirements of this paragraph,  the  commis-
    27  sioner may close the case.
    28    § 1040. Other legal requirements. Nothing in this article shall dimin-
    29  ish the rights, privileges, wages, working conditions or remedies of any
    30  employee under any applicable collective bargaining agreement.
    31    § 2. This act shall take effect on the one hundred eightieth day after
    32  it  shall have become a law. Effective immediately, the addition, amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation of this act on its effective date are authorized to be  made  and
    35  completed on or before such effective date.
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