NY State Senate Bill 2017-S140

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 04, 2017	referred to consumer protection

2017-S140 (ACTIVE) - Details

See Assembly Version of this Bill:: A6668
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §350-f-2, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7829
2015-2016: S1852, A8209

2017-S140 (ACTIVE) - Summary

Defines and prohibits deceptive acts and practices, and false advertising by talent services.

2017-S140 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S140

 TITLE OF BILL :

An act to amend the general business law, in relation to deceptive
acts and practices, and false advertising by talent services

 PURPOSE :

To create an unambiguous distinction between Employment Agencies and
Talent Services Companies, to prevent the latter from making false and
misleading statements concerning job placement to workers and
performers, and to create a plaintiff cause of action as well as civil
and criminal penalties for such violations.

 SUMMARY OF PROVISIONS :

Section 1 amends the general business law creating a new section 180
in relation to Performers' services, providing that no person who is
not licensed under this article shall make any false, misleading or
deceptive oral or written representation that it will secure for a
prospective client a job as a performer in the entertainment industry
in exchange for such fee.

Section 2 amends section 190 of the general business law as amended by
chapter 632 of the laws of 1975, to provide a penalty for violations

Section 3 contains the effective date

 JUSTIFICATION :

New York State is home to thousands of performers seeking a legitimate
opportunity to work in the entertainment industry. Unfortunately, the
number of candidates looking for employment far exceeds the available
opportunities for work, creating a highly competitive labor market and
one wrought with unscrupulous players who prey upon a class of
uninformed workers/performers.

Throughout New York, entities place adds in neighborhood newspapers,
and attach advertisements to walls and poles, whereby they offer
potential client's services such as acting seminars, career
counseling, and resume assistance. However, these advertisements take
an insidious turn once they couple these offered services with false
and deceptive representations of securing employment for the potential
client. Such a representation is the hook that ropes in the client,
and is the equivalent of stealing- sometimes hundreds, or even
thousands of dollars from a trusting and unsuspecting performer.

Relevant examples of such practices in New York include the young
performer whose parents are told that their child will secure work
once they provide a fee to an entity, in order to expose the child to
a particular casting director, agent, producer or manager. Another
recent trend is the company that claims it will secure an actor an
audition for a reality television show, for a fee, and that should the
actor make it past the first cut, their fee will be returned. In other
cases, unscrupulous producers are attempting to finance their films by
charging actor's fees in order to appear in the film, or casting
agencies charging actor's fees to post headshots and resumes online
and claiming that they will have access to various film projects.
Performers are tricked into believing that than entity or person is
well connected within the industry, and falsely believe that they will
secure work from such access by paying fees.

Currently, these "Talent Services Companies" are outside the grasp of
the civil and criminal law because they are not characterized or
registered as "employment agencies." This proposed bill would give any
injured party a right to bring action in their own name to recover
damages.

 LEGISLATIVE HISTORY :

2015-16: S.1852-A Referred to Consumer Protection; A.8209-A Referred
to Codes
2014: S.7829 Referred to Consumer Protection

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S140 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    140
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to deceptive  acts
   and practices, and false advertising by talent services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 350-f-2 to read as follows:
   § 350-F-2. TALENT SERVICES. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "ARTIST" MEANS AN ACTOR  OR  ACTRESS  RENDERING  SERVICES  ON  THE
 LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO ARTIST,
 MUSICAL  ARTIST,  MUSICAL  ORGANIZATION,  DIRECTOR  OF LEGITIMATE STAGE,
 MOTION PICTURE OR RADIO PRODUCTIONS, MUSICAL DIRECTOR,  WRITER,  CINEMA-
 TOGRAPHER,  COMPOSER,  LYRICIST,  ARRANGER,  MODEL,  OR  OTHER ARTIST OR
 PERSON RENDERING PROFESSIONAL SERVICES IN  MOTION  PICTURE,  THEATRICAL,
 RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
   (B)  "FEE" MEANS ANYTHING OF VALUE, INCLUDING ANY MONEY OR OTHER VALU-
 ABLE CONSIDERATION CHARGED, COLLECTED, RECEIVED, PAID  OR  PROMISED  FOR
 ANY SERVICE OR ACT RENDERED OR TO BE RENDERED BY A TALENT SERVICE.
   (C)  "PERSON"  MEANS  ANY  INDIVIDUAL,  COMPANY, SOCIETY, ASSOCIATION,
 CORPORATION, MANAGER, CONTRACTOR,  SUBCONTRACTOR,  PARTNERSHIP,  BUREAU,
 AGENCY, SERVICE, OFFICE, OR THE AGENT OR EMPLOYEE THEREOF; BUT SHALL NOT
 INCLUDE  A  PUBLIC  EDUCATION  INSTITUTION,  A NONPROFIT ORGANIZATION, A
 LABOR ORGANIZATION, A PUBLIC INSTITUTION OR A PERSON  LICENSED  PURSUANT
 TO ARTICLE ELEVEN OF THIS CHAPTER.
   (D) "TALENT SERVICE" MEANS ANY PERSON WHO, FOR A FEE FROM OR ON BEHALF
 OF  AN  ARTIST, PROVIDES, OR OFFERS TO PROVIDE AN ARTIST, DIRECTLY OR BY
 REFERRAL TO ANOTHER PERSON, WITH LESSONS, COACHING, SEMINARS,  WORKSHOPS
 OR  SIMILAR  TRAINING  AS AN ARTIST; CAREER COUNSELING, VOCATIONAL GUID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00339-01-7

 S. 140                              2
 
 ANCE, APTITUDE TESTING OR CAREER EVALUATION AS AN ARTIST; OR A  LIST  OF
 AUDITIONS, EMPLOYMENT OPPORTUNITIES, TALENT AGENTS OR TALENT MANAGERS.
   2. PROHIBITED ACTS. IT SHALL BE CONSIDERED A DECEPTIVE ACT OR PRACTICE
 PURSUANT  TO  SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE AND FALSE
 ADVERTISING PURSUANT TO SECTION THREE HUNDRED FIFTY OF THIS ARTICLE  FOR
 ANY  TALENT  SERVICE TO MAKE ANY ORAL OR WRITTEN REPRESENTATION THAT THE
 TALENT SERVICE WILL OR MAY, DIRECTLY OR INDIRECTLY FOR A FEE, PROCURE OR
 ATTEMPT TO PROCURE FOR AN ARTIST AN EMPLOYMENT  OPPORTUNITY  OR  ENGAGE-
 MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER.  WRIT-
 TEN  REPRESENTATIONS  AND  ADVERTISEMENTS  OF  TALENT SERVICES SHALL NOT
 INCLUDE TESTIMONIALS THAT MENTION OR IMPLY ANY SUCCESS IN PROCURING  FOR
 AN ARTIST ANY SUCH EMPLOYMENT OPPORTUNITY OR ENGAGEMENT, AUDITION OR JOB
 INTERVIEW, OR TALENT AGENT OR MANAGER.
   § 2. This act shall take effect immediately.

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Senate Bill S140

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S140 (ACTIVE) - Details

2017-S140 (ACTIVE) - Summary

2017-S140 (ACTIVE) - Sponsor Memo

2017-S140 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S140

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S140 (ACTIVE) - Details

2017-S140 (ACTIVE) - Summary

2017-S140 (ACTIVE) - Sponsor Memo

2017-S140 (ACTIVE) - Bill Text download pdf

Comments