S04144 Summary:

BILL NOS04144
 
SAME ASSAME AS A00313
 
SPONSORSAVINO
 
COSPNSRBIAGGI
 
MLTSPNSR
 
Add 296-e, amd 292, Exec L; add 202-n, Lab L
 
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.
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S04144 Actions:

BILL NOS04144
 
03/01/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S04144 Committee Votes:

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S04144 Floor Votes:

There are no votes for this bill in this legislative session.
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S04144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4144
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. The executive law is amended by adding a new section  296-e
     2  to read as follows:
     3    §  296-e. Unlawful discriminatory practices relating to models.  1. As
     4  used in this section, the following terms shall have the following mean-
     5  ings:
     6    a. "client" means a retail store, a manufacturer, a clothing designer,
     7  an advertising agency, a photographer, a publishing company or any other
     8  such person or entity that receives modeling services from a model;
     9    b. "hiring party" means any person or entity who exercises any form of
    10  control over a model's services, including  modeling  entities,  brands,
    11  and  other clients, other than (1) the United States government, (2) the
    12  state of New York, including any office, department,  agency,  authority
    13  or  other body of the state including the legislature and the judiciary,
    14  (3) a city government, including any office, department, agency or other
    15  body of that city, (4) any other local government, municipality or coun-
    16  ty or (5) any foreign government.
    17    c. "model" means an individual, regardless of his or her status as  an
    18  independent contractor or employee, who performs modeling services for a
    19  client  or consents in writing to the transfer of his or her legal right
    20  to the use of his or her name, portrait, picture or image, for advertis-
    21  ing purposes or for the purposes of trade, directly to a client  or  who
    22  provides showroom or fit modeling services;
    23    d.  "modeling entity" means a modeling agency, model management compa-
    24  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.
                                                                   LBD01564-01-9

        S. 4144                             2
 
     1  business of managing entertainments, exhibitions or performances, or the
     2  models,  artists  or  attractions  constituting the same; (2) who, for a
     3  fee, procures or attempts to procure: (i) employment or engagements  for
     4  persons  seeking  employment  or engagements, or (ii) employees or inde-
     5  pendent contractors for employers or entities seeking  the  services  of
     6  employees  or  independent  contractors;  and/or  (3) renders vocational
     7  guidance or counselling services to models; and
     8    e. "modeling services" means the appearance by a model in photographic
     9  sessions or the engagement of a model in runway, live, filmed, or  taped
    10  performances  requiring him or her to pose, provide an example or stand-
    11  ard of artistic expression  or  to  be  a  representation  to  show  the
    12  construction  or  appearance  of  some  thing  or  place for purposes of
    13  display or advertising.    Modeling  services  shall  also  include  the
    14  provisions of showroom or fit modeling services.
    15    2.  It shall be an unlawful discriminatory practice for a hiring party
    16  to:
    17    a. engage in unwelcome sexual advances, requests for sexual favors, or
    18  other verbal or physical conduct of a sexual nature to a model when:
    19    (1) submission to such conduct is made either explicitly or implicitly
    20  a term or condition of a model's provision of modeling services;
    21    (2) submission to or rejection of such conduct  by  a  model  is  used
    22  either  explicitly  or  implicitly as the basis for decisions concerning
    23  the individual's provision of modeling services; or
    24    (3) such conduct has the purpose or effect of unreasonably interfering
    25  with a model's provision of modeling services by creating an  intimidat-
    26  ing, hostile, or offensive environment; or
    27    b.  subject  a  model  to harassment based on age, race, creed, color,
    28  national origin, sexual orientation, military status,  sex,  disability,
    29  predisposing  genetic  characteristics, familial status, marital status,
    30  or domestic violence  victim  status,  where  such  harassment  has  the
    31  purpose  or  effect  of  unreasonably  interfering  with an individual's
    32  provision of modeling services by creating an intimidating, hostile,  or
    33  offensive environment; or
    34    c.  threaten,  intimidate, discipline, harass, deny a work opportunity
    35  to or discriminate against a model, or take any other action that penal-
    36  izes a model for, or is reasonably likely to deter a model  from,  exer-
    37  cising  or  attempting to exercise any right guaranteed under this arti-
    38  cle, or from obtaining future work opportunity  because  the  model  has
    39  done so.
    40    3.  a.  Each  client  and modeling entity shall post, in a conspicuous
    41  place at their place of business and/or at the site of each job  assign-
    42  ment,  notices  to  the  models hired, to be prepared or approved by the
    43  division, setting forth excerpts from, or summaries  of,  the  pertinent
    44  provisions of this section and information related to filing a complaint
    45  under  this  article  including  pro  bono and/or legal services contact
    46  information.
    47    b.  Each  client  shall  provide  to  each  model  providing  modeling
    48  services,  in writing or electronically, the names and/or offices, and a
    49  reliable means of contacting such individuals  or  offices,  to  whom  a
    50  complaint under this article may be made.
    51    c. At the initial execution of the contract between the modeling enti-
    52  ty  and  the  model,  the  model  shall  be  informed  in writing of the
    53  provisions  of  this  article  including  the  procedure  for  filing  a
    54  complaint.  The  model shall demonstrate his or her understanding of the
    55  provisions of this article and that such information has  been  provided

        S. 4144                             3
 
     1  to him or her by signing a form, to be prepared or approved by the divi-
     2  sion, to that effect.
     3    4.  a.  Each  modeling  entity  or  client shall implement a system or
     4  procedure for receiving complaints under this section  and  section  two
     5  hundred  ninety-six-d  of  this article. Such procedures shall provide a
     6  written or electronic receipt to the complainant acknowledging that  the
     7  complaint  has been received and catalogued.  Registration of complaints
     8  via these systems or procedures, or failure on the part of the  modeling
     9  entity or client to implement such system or procedure, shall be consid-
    10  ered  as  evidence  of knowledge or notice of the alleged sexual harass-
    11  ment.
    12    b. Modeling entities shall be considered employers and models shall be
    13  considered employees for purposes of section two hundred  one-g  of  the
    14  labor law.  Clients shall be considered employers for purposes of subdi-
    15  vision one of section two hundred one-g of the labor law.
    16    5.  Modeling  entities  and  clients may be held jointly and severally
    17  liable for claims of sexual harassment brought under  this  section  and
    18  section two hundred ninety-six-d of this article.
    19    6.  Nothing in this section shall be construed or interpreted to limit
    20  the rights of models provided under this chapter or any other provisions
    21  of law.
    22    § 2. Subdivision 4 of section 292 of the executive law, as amended  by
    23  section  2 of subpart F of part KK of chapter 57 of the laws of 2018, is
    24  amended to read as follows:
    25    4. The term "unlawful discriminatory  practice"  includes  only  those
    26  practices  specified  in  sections  two  hundred ninety-six, two hundred
    27  ninety-six-a [and], two hundred ninety-six-c, and  two  hundred  ninety-
    28  six-e of this article.
    29    § 3. The labor law is amended by adding a new section 202-n to read as
    30  follows:
    31    §  202-n.  Provision  of educational materials regarding nutrition and
    32  eating disorders to adult models. 1. For the purposes of  this  section,
    33  the following terms shall have the following meanings:
    34    a. "adult model" means an individual over the age of eighteen, regard-
    35  less  of his or her status as an independent contractor or employee, who
    36  performs modeling services for a client or consents in  writing  to  the
    37  transfer  of  his  or  her  legal  right  to the use of his or her name,
    38  portrait, picture or image, for advertising purposes or for the purposes
    39  of trade, directly to a client or who provides showroom or fit  modeling
    40  services;
    41    b. "client" means a retail store, a manufacturer, a clothing designer,
    42  an advertising agency, a photographer, a publishing company or any other
    43  such person or entity that receives modeling services from a model;
    44    c.  "modeling entity" means a modeling agency, model management compa-
    45  ny, employment agency, and/or any person or entity that: (1) is  in  the
    46  business of managing entertainments, exhibitions or performances, or the
    47  models,  artists  or  attractions  constituting the same; (2) who, for a
    48  fee, procures or attempts to procure: (i) employment or engagements  for
    49  persons  seeking  employment  or engagements, or (ii) employees or inde-
    50  pendent contractors for employers or entities seeking  the  services  of
    51  employees or independent contractors; and/or
    52    (3) renders vocational guidance or counselling services to models; and
    53    d. "modeling services" means the appearance by a model in photographic
    54  sessions  or the engagement of a model in runway, live, filmed, or taped
    55  performances requiring him or her to pose, provide an example or  stand-
    56  ard  of  artistic  expression  or  to  be  a  representation to show the

        S. 4144                             4

     1  construction or appearance of  some  thing  or  place  for  purposes  of
     2  display  or  advertising.  Modeling  services  shall  also  include  the
     3  provisions of showroom or fit modeling services.
     4    2.  a.  A  modeling  entity shall make available educational materials
     5  regarding nutrition and eating disorders to an adult model within ninety
     6  days of the date of agreeing to representation by the modeling entity or
     7  procurement by a modeling entity of an engagement,  meeting,  or  inter-
     8  view, whichever comes first.
     9    b.  Educational  materials  regarding  nutrition  and eating disorders
    10  shall include, at a minimum, the components specified  in  the  National
    11  Institute  of  Health's Eating Disorders internet website or a successor
    12  internet website.
    13    c. Educational materials regarding nutrition and eating disorders  for
    14  each  adult  model  shall  be  in  the language understood by such adult
    15  model. The modeling entity may comply  with  this  language  requirement
    16  either  by  making  the  educational  materials  available  in the adult
    17  model's native language or by having the educational materials presented
    18  for such adult model in the language that he or she understands.
    19    d. The modeling entity shall keep a record for three years  confirming
    20  that it has made available educational materials regarding nutrition and
    21  eating  disorders to all adult models who have been signed for represen-
    22  tation after the effective date of this section.
    23    § 4. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become  a  law; provided, however, that effective immediately, the
    25  addition, amendment and/or repeal of any rule  or  regulation  necessary
    26  for  the implementation of this act on its effective date are authorized
    27  and directed to be made and completed on or before such effective date.
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