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A09762 Summary:

BILL NOA09762A
 
SAME ASSAME AS S08638-A
 
SPONSORReyes
 
COSPNSRKelles
 
MLTSPNSR
 
Add Art 34 §§958 - 966, Lab L
 
Provides for the registration and duties of model management companies and creative management companies; provides complaint procedures and penalties for violations.
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A09762 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9762--A
 
                   IN ASSEMBLY
 
                                     March 28, 2022
                                       ___________
 
        Introduced  by  M.  of A. REYES, KELLES -- read once and referred to the
          Committee on Labor --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted 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 34 to read
     2  as follows:
     3                                 ARTICLE 34
     4                     NEW YORK STATE FASHION WORKERS ACT
     5  Section 958. Short title.
     6          959. Definitions.
     7          960. Registration required.
     8          961. Registration process.
     9          962. Duties  of  model management companies and creative manage-
    10                 ment companies.
    11          963. Prohibitions on model  management  companies  and  creative
    12                 management companies.
    13          964. Duties of clients.
    14          965. Prohibitions on clients.
    15          966. Violations, penalties and procedures.
    16    § 958. Short  title.  This  article shall be known and may be cited as
    17  the "New York State Fashion Workers Act".
    18    § 959. Definitions. As used in this article:
    19    1. "Client" means a retail store, a manufacturer, a clothing designer,
    20  an advertising agency, a photographer, a publishing company or any other
    21  such person or entity that receives modeling services from  a  model  or
    22  other  services  related  to  the  provision of modeling services from a
    23  creative, directly or through intermediaries.
    24    2.  "Model" means an individual, regardless of the individual's status
    25  as an independent contractor or employee, who performs modeling services
    26  for a client or consents in writing to the transfer of their legal right
    27  to the use of their name, portrait, picture or  image,  for  advertising
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14365-09-2

        A. 9762--A                          2
 
     1  purposes  or  for  the  purposes  of  trade, directly to a client or who
     2  provides showroom, parts, or fit modeling services.   The  term  "model"
     3  shall  include  influencers,  performing  artists  and other persons who
     4  perform modeling services.
     5    3.  "Modeling  management  company"  means any person or entity, other
     6  than a person or entity licensed as an employment agency  under  article
     7  eleven of the general business law, that:
     8    (a)  is  in  the  business  of managing models participating in enter-
     9  tainments, exhibitions or performances;
    10    (b) procures or attempts to procure, for a fee, employment or  engage-
    11  ments for persons seeking employment or engagements as models; or
    12    (c)  renders vocational guidance or counselling services to models for
    13  a fee.
    14    4. "Modeling services" means the appearance by a model in photographic
    15  sessions or the engagement of a model in live runway, live,  filmed,  or
    16  taped  performances,  including on social media platforms, requiring the
    17  model to pose, provide an example or standard of artistic expression  or
    18  to  be  a  representation to show the construction or appearance of some
    19  thing or place for purposes of display  or  advertising,  including  the
    20  provisions  of  castings,  fittings, photoshoots, showroom, parts or fit
    21  modeling services.
    22    5. "Creatives" are  all  individuals  who  perform  various  tasks  or
    23  services  directly  related  to  the provision of "modeling services" by
    24  "models," including but not limited to, photographers, stylists, casting
    25  directors, make-up artists, hairdressers, and other vendors  or  persons
    26  performing  non-modeling  creative  work  supporting  the  provision  of
    27  "modeling services."
    28    6. "Creative management company" means a person or entity, other  than
    29  a person or entity licensed as an employment agency under article eleven
    30  of the general business law, that:
    31    (a)  is  in the business of managing creatives participating in enter-
    32  tainments, exhibitions or performances;
    33    (b) procures or attempts to procure, for a fee, employment or  engage-
    34  ments  for persons seeking employment or engagements directly related to
    35  the provision of "modeling services" by "models"; or
    36    (c) renders vocational guidance or counseling  services  to  creatives
    37  for a fee.
    38    7.   "Exclusive  representation"  means  an  agreement,  or  a  clause
    39  contained in an agreement, which is entered  into  between  a  "modeling
    40  management company" and a "model" or a "creative management company" and
    41  a "creative" which restricts such model or creative from performing work
    42  for  another  party not subject to such agreement for a specified period
    43  of time or in a specified geographical area, that  is  similar  to  such
    44  model  or  creative's  work for the model management company or creative
    45  management company.
    46    8. "Department" means the department of labor and "commissioner" means
    47  the commissioner of labor, except that a city with a population  of  one
    48  million  or  more  may, by local law, designate a city agency to enforce
    49  the provisions of this article within the jurisdiction of such city,  in
    50  which  case  "department"  shall  refer to the agency designated by such
    51  local law and "commissioner" shall refer to the head of such agency.
    52    9. "Deal memo" means a thorough description in writing of the  employ-
    53  ment,  engagement,  entertainment, exhibition, or performance, including
    54  but not limited to the scope of work,  rate  of  pay,  usages,  incurred
    55  expenses, and expectations of the model or creative.

        A. 9762--A                          3
 
     1    § 960. Registration  required.  A model management company or creative
     2  management company shall not engage in business  from  offices  in  this
     3  state  or  enter  into  any arrangement with a person for the purpose of
     4  providing  model  management  company  or  creative  management  company
     5  services  to  persons  in  this  state  unless the management company is
     6  registered under this article. No person shall use  the  name  or  title
     7  "modeling agency", "model management company", "creative agency", "crea-
     8  tive  management  company", or otherwise represent that it is registered
     9  under this article unless the entity or person is registered under  this
    10  article.  A model management company or creative management company that
    11  does not comply with the provisions of  this  article  shall  not  be  a
    12  registered  model  management  company or creative management company in
    13  this state.
    14    § 961. Registration process. 1. Except as otherwise provided  in  this
    15  section,  each  model  management company or creative management company
    16  required to be registered under this article shall provide  the  depart-
    17  ment  with  information  required  by  the  department on forms that the
    18  department specifies. At a minimum, model management companies and crea-
    19  tive management companies shall provide the following information:
    20    (a) all names under which it conducts business;
    21    (b) the address of the  principal  place  of  business  of  the  model
    22  management  company  or  creative  management company and the address of
    23  each office it maintains in New York state;
    24    (c) the model management company's or  creative  management  company's
    25  taxpayer or employer identification number;
    26    (d)  a list by jurisdiction of each name under which the model manage-
    27  ment company or creative management company has operated in the  preced-
    28  ing  five  years, including any alternative names, names of predecessors
    29  and, if known, successor business entities; and
    30    (e) in the event the model management company or  creative  management
    31  company  or  the ultimate parent of a model management group or creative
    32  management company group is a privately or  closely  held  company,  the
    33  model management company or creative management company or model manage-
    34  ment group or creative management group shall file a list of all persons
    35  or  entities that beneficially own a five percent or greater interest in
    36  the model management company or creative management company at the  time
    37  of  application  and a list of persons who formerly beneficially owned a
    38  five percent or greater interest in  the  model  management  company  or
    39  creative  management  company  or its predecessors in the preceding five
    40  years. In the event the model management company or creative  management
    41  company  or the ultimate parent of a modeling agency group is a publicly
    42  traded company, the model  management  company  or  creative  management
    43  company  or  model  management  group or creative management group shall
    44  file a list of all persons or entities that  beneficially  own  a  fifty
    45  percent  or greater interest in the model management company or creative
    46  management company or the ultimate parent of the model management  group
    47  or creative management group at the time of application.
    48    2.  Each model management company or creative management company oper-
    49  ating within this state shall complete its initial  registration  within
    50  one year after the effective date of this article.
    51    3.  Within  one year of the initial registration or any renewal regis-
    52  tration, each registrant shall renew its registration by  notifying  the
    53  department  of any changes in the information previously provided pursu-
    54  ant to this section.
    55    4. Upon application for registration, a model  management  company  or
    56  creative  management  company  or  model  management  group  or creative

        A. 9762--A                          4
 
     1  management group with more than five employees that either work  from  a
     2  location  in  this state or perform work relating to models or creatives
     3  in this state shall deposit with the department a surety bond in the sum
     4  of fifty thousand dollars.
     5    5.  Two  or  more  model  management  companies or creative management
     6  companies that are majority owned by the same ultimate parent, entity or
     7  persons may be registered  as  a  model  management  group  or  creative
     8  management  group. A model management group or creative management group
     9  may satisfy any reporting and financial requirements of this article  on
    10  a  consolidated basis. As a condition of registration as a model manage-
    11  ment group or creative management group, each company that is  a  member
    12  of  the  group  shall  guarantee payment of all financial obligations of
    13  each other member.
    14    6. A model management company or creative management company shall  be
    15  exempt  from  the registration requirements specified in this section if
    16  such model management company or creative management company:
    17    (a) submits a properly executed request for registration and exemption
    18  on a form provided by the department;
    19    (b) is domiciled outside this state and is licensed or registered as a
    20  model management company or creative management company in another state
    21  that has the same or greater requirements as this article; and
    22    (c) does not maintain an office in this state or solicit in any manner
    23  clients located or domiciled within this state.
    24    7. The registration and exemption of a  model  management  company  or
    25  creative  management company under subdivision six of this section shall
    26  be valid for one year.
    27    8. The department shall maintain a list of model management  companies
    28  and  creative  management  companies  registered  under this article and
    29  shall issue a certificate  of  registration  to  each  model  management
    30  company or creative management company duly registered.
    31    9.  The  department may prescribe forms necessary to promote the effi-
    32  cient administration of this section.
    33    § 962. Duties of model management companies  and  creative  management
    34  companies.    A  model management company or creative management company
    35  shall:
    36    1. have a fiduciary duty to any model or creative the model management
    37  company or creative management company manages, procures or attempts  to
    38  procure  employment or engagement for, or renders vocational guidance or
    39  counselling services to;
    40    2. conduct reasonable inquiries into clients, employment, engagements,
    41  entertainments, exhibitions and performances to ensure the health, safe-
    42  ty and welfare of models and creatives;
    43    3. use all reasonable efforts to procure employment or engagements for
    44  models and creatives signed to the model management company or  creative
    45  management company;
    46    4.  refrain  from  enforcing a requirement of exclusive representation
    47  should the model or creative not have been provided  a  job  opportunity
    48  booked  or  contracted  by  a  client  through the management company to
    49  provide modeling services or creative services for a fee in the previous
    50  one hundred twenty days;
    51    5. ensure that any employment, engagement,  entertainment,  exhibition
    52  or performance which requires nudity or other sexually explicit material
    53  shall  comply  with  the  requirements  of  subdivision three of section
    54  fifty-two-c of the civil rights law, as added by chapter  three  hundred
    55  four of the laws of two thousand twenty;

        A. 9762--A                          5
 
     1    6.  provide  models and creatives with access to and copies, which may
     2  consist of digital copies, of all contracts  and  agreements  the  model
     3  management  company or creative management company has entered into with
     4  a client involving rate of pay and scope of work, provide plain language
     5  summaries  of  the  rate  of  pay  and  scope of work involved with such
     6  contracts and agreements, and disclose any relationship, contractual  or
     7  otherwise,  that may exist between the model management company or crea-
     8  tive management company and the client other than the agreement relating
     9  specifically to modeling services or creative services;
    10    7. if receiving any payment of funds on behalf of a model or creative,
    11  immediately deposit the funds in a client  trust  account  and  disburse
    12  such  funds,  less  the  model management company or creative management
    13  company's commission, within thirty days of receipt, within no more than
    14  forty-five days from the date the modeling services or creative services
    15  were completed except when the funds  are  the  subject  of  an  action,
    16  proceeding  or controversy before a court or other governmental body, in
    17  which case such funds shall remain in the client trust account;
    18    8. in the case of a dispute with a client regarding late  or  non-pay-
    19  ment  of modeling services or creative services rendered, the management
    20  company shall pay the model or creative and then keep the  payment  from
    21  the client when the dispute is resolved;
    22    9.  notify former models and creatives in writing, including email, if
    23  the management company collects  royalties  due  to  a  model  whom  the
    24  management company no longer represents;
    25    10.  post  a physical copy of the model management company or creative
    26  management company's certificate of registration in a conspicuous  place
    27  in  the  office  of  the model management company or creative management
    28  company and a digital copy on the model management company  or  creative
    29  management company website;
    30    11. include, in clear and legible type, the registration number of the
    31  model  management  company  or creative management company in any adver-
    32  tisement, including social media profiles for  the  management  company,
    33  for the purpose of the solicitation of models or creatives for the model
    34  management  company  or  creative management company and in any contract
    35  with a model, creative, or client;
    36    12. submit to the department  a  form  or  forms  of  contract  to  be
    37  utilized by such model management company or creative management company
    38  in  entering  into  written  contracts  with models or creatives for the
    39  employment or engagement of the services of such model management compa-
    40  ny or creative management company  by  such  models  or  creatives,  and
    41  secure  the  approval of the department thereof, provided the department
    42  shall not withhold approval unless such proposed  form  of  contract  is
    43  unfair, unjust and oppressive to the model or creative; and
    44    13.  provide  all  representation agreements and contracts and/or deal
    45  memos pertaining to the model or creative, or ensure  that  these  docu-
    46  ments  have  been  provided,  in a language the model or creative suffi-
    47  ciently understands.
    48    § 963. Prohibitions on model management companies and creative manage-
    49  ment companies. A model management company or creative management compa-
    50  ny shall not:
    51    1. require or collect any fee or deposit from a model or creative upon
    52  the signing of, or as a condition to  entering  into,  any  contract  or
    53  agreement  between  the  model management company or creative management
    54  company and the model or creative;
    55    2.  charge more than the daily fair market rate for accommodation  for
    56  the model or creative;

        A. 9762--A                          6
 
     1    3. deduct or offset from a model or creative's payment or compensation
     2  any fee or expense other than the agreed upon commission. Such prohibit-
     3  ed fees and expenses include but are not limited to website fees, travel
     4  fees, accommodation fees, and delivery fees;
     5    4.  advance  the cost of travel except on a case-by-case basis without
     6  interest if the model or creative is informed of the cost  and  consents
     7  in writing;
     8    5. advance visa-related costs as a visa employer-sponsor if the appli-
     9  cable federal regulations and statutes governing the visa category under
    10  which  the  model or creative entered the United States for the purposes
    11  of engaging in modeling services or creative services requires that  the
    12  management company cover all of those visa-related costs and fees;
    13    6.  require  a model or creative to sign a model management company or
    14  creative management company contract that contains either a term greater
    15  than three years or a term allowing  the  model  management  company  or
    16  creative  management  company to renew the contract without the model or
    17  creative's affirmative consent;
    18    7. impose a commission fee greater than twenty percent of the model or
    19  creative's payment or compensation;
    20    8. take any retaliatory action against any model or creative who files
    21  or attempts to file a complaint pursuant to this article or declines  or
    22  discontinues  participation  in  any  casting  or  booking on account of
    23  reasonable,  good  faith  concerns  regarding  an  actual  or  potential
    24  violation of this article; or
    25    9.  engage in discrimination or harassment of any kind against a model
    26  or creative based on any legally protected categories as  prohibited  by
    27  title  VII  of the federal Civil Rights Act of 1964, as amended, article
    28  fifteen of the executive law, or any applicable local human rights  laws
    29  and regulations.
    30    § 964. Duties of clients. A client shall:
    31    1. provide fees, payment, reimbursements for expenses and compensation
    32  due  to a model or creative, including compensation required by subdivi-
    33  sion two of this section, within thirty days of the end of  any  employ-
    34  ment, engagement, entertainment, exhibition or performance;
    35    2.  compensate  models  and creatives at an hourly rate at least fifty
    36  percent higher than the  contracted  hourly  rate  for  any  employment,
    37  engagement,  entertainment, exhibition or performance that exceeds eight
    38  hours in any twenty-four hour period;
    39    3. provide at least one thirty-minute meal break for  any  employment,
    40  engagement,  entertainment, exhibition or performance that exceeds eight
    41  hours in any twenty-four hour period;
    42    4. conduct reasonable inquiries into employment,  engagements,  enter-
    43  tainments, exhibitions and performances to ensure the health, safety and
    44  welfare of models and creatives;
    45    5.  ensure  that any employment, engagement, entertainment, exhibition
    46  or performance which requires nudity or other sexually explicit material
    47  shall comply with the  requirements  of  subdivision  three  of  section
    48  fifty-two-c  of  the civil rights law, as added by chapter three hundred
    49  four of the laws of two thousand twenty;
    50    6. allow the model or creative  to  be  accompanied  by  their  agent,
    51  manager,  chaperone,  or other representative to any employment, engage-
    52  ment, entertainment, exhibition or performance; and
    53    7. provide adequate levels of liability insurance to cover  and  safe-
    54  guard the health and safety of models and creatives.
    55    § 965. Prohibitions on clients. A client shall not engage in discrimi-
    56  nation  or  harassment  of any kind against a model or creative based on

        A. 9762--A                          7
 
     1  any legally protected categories as  prohibited  by  title  VII  of  the
     2  federal  Civil  Rights  Act  of 1964, as amended, article fifteen of the
     3  executive law, or any applicable  local  human  rights  laws  and  regu-
     4  lations.
     5    § 966. Violations,  penalties  and procedures. 1. Any model management
     6  company or creative management company or  person  purporting  to  be  a
     7  model  management  company or creative management company who has failed
     8  to comply with the registration requirements  of  section  nine  hundred
     9  sixty of this article shall be deemed to have violated this article.
    10    2.  Any  model  management  company  or creative management company or
    11  person purporting to be a model management company or  creative  manage-
    12  ment  company  who has failed to comply within the time specified by law
    13  with an order issued by the commissioner to comply with the registration
    14  requirements of section nine hundred sixty  of  this  article  shall  be
    15  deemed to have violated this article.
    16    3.  Any  client  who  enters into an agreement with a model management
    17  company or creative management company or  person  purporting  to  be  a
    18  model management company or creative management company, who is required
    19  to  register,  but whom the client knows or should have known has failed
    20  to register, failed to renew its registration or  had  its  registration
    21  revoked  by the commissioner shall be deemed to have violated this arti-
    22  cle.
    23    4. (a) The commissioner may  impose  a  civil  penalty  upon  a  model
    24  management  company  or creative management company, a person purporting
    25  to be a model management company or creative management company, and all
    26  persons or entities that own a five percent or greater interest  in  the
    27  model  management company or creative management company, that have been
    28  deemed to have violated this article, for no more  than  three  thousand
    29  dollars  for  the  initial violation, and for no more than five thousand
    30  dollars for a second or subsequent violation.
    31    (b) The commissioner may  impose  a  civil  penalty  upon  any  client
    32  described  in  subdivision three of this section that has been deemed to
    33  have violated this article, for no more than three thousand dollars  for
    34  the  initial violation, and for no more than five thousand dollars for a
    35  second or subsequent violation.
    36    (c) The order imposing such civil penalty may be served personally  or
    37  by  certified mail at the last known mailing address of the person being
    38  served. Such order shall be in writing and shall describe the nature  of
    39  the  violation,  including  reference  to the provisions of subdivisions
    40  one, two and three of this section alleged to have been violated.
    41    5. An order issued under this section shall be final and  not  subject
    42  to  review  by  any  court  or  agency  unless review is had pursuant to
    43  section one hundred one of this chapter. Provided that no proceeding for
    44  administrative or judicial review as provided in this chapter shall then
    45  be pending and the time for initiation of  such  proceeding  shall  have
    46  expired,  the  commissioner may file with the county clerk of the county
    47  where the person against whom the penalty has been imposed has  a  place
    48  of  business the order of the commissioner or the decision of the indus-
    49  trial board of appeals containing the amount of the civil  penalty.  The
    50  filing of such order or decision shall have the full force and effect of
    51  a judgment duly docketed in the office of such clerk. The order or deci-
    52  sion  may be enforced by and in the name of the commissioner in the same
    53  manner, and with like effect, as that prescribed by the  civil  practice
    54  law and rules for the enforcement of a money judgment.
    55    6.  If  any model management company or creative management company or
    56  person purporting to be a model management company or  creative  manage-

        A. 9762--A                          8
 
     1  ment  company shall have failed to comply within twenty days of an order
     2  by the commissioner to register or renew registration, the  commissioner
     3  may  seek  to enjoin such unlawful activity, pursuant to the civil prac-
     4  tice law and rules.
     5    7.  The  intentional failure of a model management company or creative
     6  management company or person purporting to be a model management company
     7  or creative management company to comply with the registration  require-
     8  ments  of  section nine hundred sixty of this article shall be a class B
     9  misdemeanor. The officers and agents of a model  management  company  or
    10  creative  management  company or person purporting to be a model manage-
    11  ment company or creative management company who  knowingly  permit  such
    12  model  management  company or creative management company to violate the
    13  registration requirements of section nine hundred sixty of this  article
    14  shall be guilty of a class B misdemeanor.
    15    8.  A model or creative may bring and maintain an action in a court of
    16  competent jurisdiction to enforce the  provisions  of  this  article.  A
    17  model management company or creative management company, person purport-
    18  ing  to be a model management company or creative management company, or
    19  client that violates this article shall be liable for actual damages  to
    20  any  model  or creative that has suffered damages due to such violation,
    21  and the court may, in its discretion, award punitive damages.
    22    9. The attorney general may bring and maintain an action in a court of
    23  competent jurisdiction to enforce the provisions of  this  article  when
    24  the attorney general has determined there is reasonable cause to believe
    25  that  a  model management company or creative management company, person
    26  purporting to be a  model  management  company  or  creative  management
    27  company,  or  client  has engaged in a consistent pattern or practice of
    28  violating this article.
    29    10. (a) A model or creative who is aggrieved by a  violation  of  this
    30  article  may  file  a  complaint  with the commissioner within two years
    31  after the acts alleged to  have  violated  this  article  occurred.  The
    32  commissioner  shall  prescribe  the  form  of the complaint, which shall
    33  include, at a minimum:
    34    (i) the name and mailing address of the model or creative and  of  the
    35  person or entity alleged to have violated this article;
    36    (ii)  a  statement  detailing  the  terms  of  the model or creative's
    37  contract, including a copy of such contract if available;
    38    (iii) the model or creative's occupation;
    39    (iv) a statement detailing the alleged violations of this article; and
    40    (v) a signed affirmation that all facts alleged in the  complaint  are
    41  true.
    42    (b)  (i)  Within  twenty  days  of  receiving  a  complaint alleging a
    43  violation of this article, the commissioner shall  send  the  person  or
    44  entity  named  in  the  complaint  a  written notice of complaint.   The
    45  commissioner shall send such notice by certified mail and shall bear the
    46  cost of sending such notice.
    47    (ii) The notice required by this paragraph shall:
    48    (1) inform the  person  or  entity  named  in  the  complaint  that  a
    49  complaint has been filed alleging violations of this article;
    50    (2)  detail  the  remedies  available  to  a  model  or  creative  for
    51  violations of said  article  by  the  person  or  entity  named  in  the
    52  complaint;
    53    (3) include a copy of the complaint; and
    54    (4) inform the person or entity named in the complaint that failure to
    55  respond  to  the  complaint  will create a rebuttable presumption in any

        A. 9762--A                          9
 
     1  civil action commenced pursuant to this  article  that  such  person  or
     2  entity committed the violations alleged in the complaint.
     3    (c)  Within  twenty  days  of  receiving  the notice of complaint, the
     4  person or entity identified in the complaint shall send the commissioner
     5  one of the following:
     6    (i) a written statement that the model or creative has  been  paid  in
     7  full and proof of such payment; or
     8    (ii)  a written statement that the model or creative has not been paid
     9  in full and the reasons for the failure to provide such payment.
    10    (d) (i) Within twenty days of  receiving  the  written  response,  the
    11  commissioner shall send the model or creative a copy of:
    12    (1) the response;
    13    (2) any enclosures submitted to the commissioner with the response;
    14    (3)  materials informing the model or creative that the model or crea-
    15  tive may bring an action in a court of competent jurisdiction; and
    16    (4) any other information about the status of the complaint.
    17    (ii) If the commissioner receives no response from the person or enti-
    18  ty alleged to have violated this article  to  the  notice  of  complaint
    19  within  the  time  provided  by this subdivision, the commissioner shall
    20  mail a notice of non-response to both the  model  or  creative  and  the
    21  person  or  entity  named  in  the  complaint  by regular mail and shall
    22  include with such notice proof that the commissioner  previously  mailed
    23  the  notice  of complaint to the person or entity named in the complaint
    24  by certified mail.  Upon satisfying the requirements of this  paragraph,
    25  the commissioner may close the case.
    26    §  2.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law. Effective immediately, the addition, amendment and/or
    28  repeal of any rule or regulation necessary  for  the  implementation  of
    29  this  act  on its effective date are authorized to be made and completed
    30  on or before such effective date.
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