A08614 Summary:

BILL NOA08614B
 
SAME ASSAME AS S05576-B
 
SPONSORTitone (MS)
 
COSPNSRStevenson, Jaffee, Boyland, Millman, DenDekker, Markey
 
MLTSPNSRColton, Gabryszak, Hooper, McEneny, Rivera P, Schimminger
 
Amd SS171 & 185, Gen Bus L; amd S37.01, Arts & Cul L
 
Relates to the definition of an artist and theatrical employment agencies.
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A08614 Actions:

BILL NOA08614B
 
09/21/2011referred to labor
01/04/2012referred to labor
05/31/2012amend and recommit to labor
05/31/2012print number 8614a
06/06/2012reported referred to codes
06/06/2012amend and recommit to codes
06/06/2012print number 8614b
06/12/2012reported referred to rules
06/13/2012reported
06/13/2012rules report cal.160
06/13/2012ordered to third reading rules cal.160
06/18/2012passed assembly
06/18/2012delivered to senate
06/18/2012REFERRED TO RULES
06/21/2012SUBSTITUTED FOR S5576B
06/21/20123RD READING CAL.72
06/21/2012PASSED SENATE
06/21/2012RETURNED TO ASSEMBLY
09/21/2012delivered to governor
10/03/2012signed chap.460
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A08614 Floor Votes:

DATE:06/18/2012Assembly Vote  YEA/NAY: 143/0
AbbateYCerettoYGlickYLentolYMurrayYRyanY
AbinantiYClarkYGoldfederYLiftonYNolanYSaladinoY
AmedoreYColtonYGoodellYLinaresYOaksYSaywardY
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafYLope VJYOrtizYSchimelY
BarclayYCorwinYGuntherYLosquadroYPalmesanoYSchimmingerY
BarrettYCrespoYHannaYLupardoYPaulinYSimanowitzY
BarronYCrouchYHawleyYMageeYPeoples StokesYSimotasY
BenedettoYCurranYHeastieYMagnarelliYPerryYSkartadosY
BlankenbushYCusickYHevesiERMaiselYPretlowYSmardzY
BoylandERCymbrowitzYHikindYMalliotakisYQuartYStevensonY
BoyleYDenDekkerYHooperYMarkeyYRaYSweeneyY
BraunsteinYDinowitzYJacobsYMayerYRabbittYTediscoY
BrennanYDupreyYJaffeeYMcDonoughYRaiaYTenneyY
BrindisiYEnglebrightYJeffriesERMcEnenyYRamosYThieleY
BronsonYEspinalYJohnsYMcKevittYReilichYTitoneY
Brook KrasnyYFarrellYJordanYMcLaughlinYReillyYTitusER
BurlingYFinchYKatzYMengERRive J YTobaccoY
ButlerYFitzpatrickYKavanaghYMill D YRive N YWalterY
CahillYFriendYKearnsYMill JMYRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CamaraYGalefYKolbYMillmanYRobinsonYWeprinY
CanestrariYGanttYLancmanERMontesanoYRodriguezYWrightY
CastelliYGibsonYLatimerYMorelleYRosenthalYZebrowskiY
CastroYGiglioYLavineYMoyaYRussellYMr SpkrY

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A08614 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8614--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 21, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  TITONE, STEVENSON, JAFFEE, BOYLAND, MILLMAN,
          DenDEKKER -- Multi-Sponsored by -- M. of A. COLTON, GABRYSZAK, HOOPER,
          McENENY, P. RIVERA, SCHIMMINGER --  read  once  and  referred  to  the
          Committee on Labor -- recommitted to the Committee on Labor in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill

          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the general business  law  and  the  arts  and  cultural
          affairs law, in relation to theatrical employment agencies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 8 and 9 of section 171 of the general business
     2  law, as amended by chapter 617 of the laws of 1988, are  amended  and  a
     3  new subdivision 8-a is added to read as follows:
     4    8.  "Theatrical  employment  agency"  means  any person (as defined in
     5  subdivision seven of this section) who procures or attempts  to  procure

     6  employment  or  engagements  for [circus, vaudeville, the variety field,
     7  the legitimate theater, motion pictures, radio,  television,  phonograph
     8  recordings,  transcriptions,  opera,  concert, ballet, modeling or other
     9  entertainments or exhibitions or performances] an artist, but such  term
    10  does not include the business of managing [such] entertainments, exhibi-
    11  tions  or  performances,  or the artists or attractions constituting the
    12  same, where such business only  incidentally  involves  the  seeking  of
    13  employment therefor.
    14    8-a.  "Artist"  shall  mean actors and actresses rendering services on
    15  the legitimate stage and in the production  of  motion  pictures,  radio
    16  artists, musical artists, musical organizations, directors of legitimate

    17  stage, motion picture and radio productions, musical directors, writers,
    18  cinematographers,  composers,  lyricists,  arrangers,  models, and other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11532-04-2

        A. 8614--B                          2
 
     1  artists and persons rendering professional services in  motion  picture,
     2  theatrical, radio, television and other entertainment enterprises.
     3    9.  "Theatrical  engagement"  means any engagement or employment of [a
     4  person as an actor, performer or entertainer in employment described  in
     5  subdivision eight of this section] an artist.

     6    §  2. Subdivisions 1 and 2 of section 185 of the general business law,
     7  as amended by chapter 617 of the laws of 1988, are amended  to  read  as
     8  follows:
     9    1. Circumstances permitting fee. An employment agency shall not charge
    10  or  accept  a  fee  or other consideration unless in accordance with the
    11  terms of a written contract with a job applicant, except:
    12    (a) for class "A" and "A-1" employment, and except after  such  agency
    13  has  been responsible for referring such job applicant to an employer or
    14  such employer to a job applicant and where as a result thereof such  job
    15  applicant has been employed by such employer; and
    16    (b) for class "C" employment: (i) after an agency has been responsible
    17  for referring an artist to an employer or such employer to an artist and

    18  where  as a result thereof such artist has been employed by such employ-
    19  er; or (ii) after an agency represents an artist in the  negotiation  or
    20  renegotiation  of  an  original  or pre-existing employment contract and
    21  where as a result thereof the artist enters into a negotiated or renego-
    22  tiated employment contract. For class "C" employment  pursuant  to  this
    23  paragraph, an employment agency shall provide an artist with a statement
    24  setting  forth  in  a  clear  and  concise manner the provisions of this
    25  section and section one hundred eighty-six of this article.
    26    The maximum fees provided for herein for all types  of  placements  or
    27  employment  may be charged to the job applicant and a similar fee may be
    28  charged to the employer provided, however, that with  regard  to  place-

    29  ments in class "B" employment, a fee of up to one and one-half times the
    30  fee  charged  to  the  job  applicant may be charged to the employer. By
    31  agreement with an employment agency, the employer may voluntarily assume
    32  payment of the job applicant's fee. The fees charged to employers by any
    33  licensed person conducting an employment agency for  rendering  services
    34  in  connection  with,  or for providing employment in classes "A", "A-1"
    35  and "B", as hereinafter defined in  subdivision  four  of  this  section
    36  where  the  applicant is not charged a fee shall be determined by agree-
    37  ment between the employer and the employment agency.  No  fee  shall  be
    38  charged  or accepted for the registration of applicants for employees or
    39  employment.
    40    2. Size of fee; payment schedule. The gross fee  charged  to  the  job
    41  applicant  and  the  gross  fee  charged  to the employer each shall not

    42  exceed the amounts  enumerated  in  the  schedules  set  forth  in  this
    43  section,  for any single employment or engagement, except as hereinabove
    44  provided; and such fees shall be subject to the  provisions  of  section
    45  one  hundred  eighty-six  of  this article. Except as otherwise provided
    46  herein, and except for class "C" employment, an employment agency  shall
    47  not  require  an  applicant  while  employed  in  the continental United
    48  States, and paid weekly to pay any fee at a rate  greater  than  in  ten
    49  equal  weekly  [instalments] installments each of which shall be payable
    50  at the end of each of the first ten weeks of employment, or if paid less
    51  frequently, in five equal installments, each of which shall  be  payable
    52  at  the  end  of the first five pay periods following his employment, or

    53  within a period of ten weeks, whichever period is longer. An  employer's
    54  fee  shall  be  due and payable at the time the applicant begins employ-
    55  ment, unless otherwise determined by agreement between the employer  and
    56  the agency.

        A. 8614--B                          3
 
     1    §  3.  Subdivisions  3 and 4 of section 37.01 of the arts and cultural
     2  affairs law are amended and a new subdivision 5  is  added  to  read  as
     3  follows:
     4    3.  "Theatrical  employment  agency"  means  any person (as defined in
     5  subdivision one hereof) who procures or attempts to  procure  employment
     6  or  engagements  for [circus, vaudeville, the variety field, the legiti-
     7  mate theater, motion pictures, radio, television, phonograph recordings,
     8  transcriptions, opera, concert, ballet, modeling or other entertainments

     9  or exhibitions or performances]  an  artist,  but  such  term  does  not
    10  include  the  business of managing [such] entertainments, exhibitions or
    11  performances, or the artists or attractions constituting the same, where
    12  such business only  incidentally  involves  the  seeking  of  employment
    13  therefor.
    14    4.  "Theatrical  engagement"  means any engagement or employment of [a
    15  person as an actor, performer or entertainer] an  artist  in  employment
    16  described in subdivision three of this section.
    17    5.  "Artist" shall mean actors and actresses rendering services on the
    18  legitimate stage  and  in  the  production  of  motion  pictures,  radio
    19  artists, musical artists, musical organizations, directors of legitimate

    20  stage, motion picture and radio productions, musical directors, writers,
    21  cinematographers,  composers,  lyricists,  arrangers,  models, and other
    22  artists and persons rendering professional services in  motion  picture,
    23  theatrical, radio, television and other entertainment enterprises.
    24    § 4. This act shall take effect immediately.
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