NY State Senate Bill 2017-S7607

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2018	referred to investigations and government operations

2017-S7607 (ACTIVE) - Details

See Assembly Version of this Bill:: A8752
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add §296-d, amd §292, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4144, A313
2021-2022: S6681, A460
2023-2024: S4029, A2166

2017-S7607 (ACTIVE) - Summary

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.

2017-S7607 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7607

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the executive law, in relation to
establishing unlawful discriminatory practices relating to models

 
PURPOSE:

To ensure models, regardless of their status as independent contractors
or employees, are afforded protections against harassment in the work-
place.

 
SUMMARY OF PROVISIONS:

Section I of the bill would amend the executive law by adding new
section 296-d, which would make it an unlawful, discriminatory practice
for a "client" or "modeling entity" to engage in unwelcome sexual
advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature to a model. This section defines the terms
"client," "model," "modeling entity," and "modeling services."

Section II of the bill defines "unlawful discriminatory practice."

Section III sets forth the effective date.

 
JUSTIFICATION:

Though modeling agencies in New York State are licensed with other
employment agencies under general business law, it is common practice
for agencies to claim that they instead serve as management companies.
Using the "incidental booking exception," modeling agencies assert that
the bookings they secure for models are secondary to managing models'
careers. As a result, agencies have escaped licensing requirements, caps
on commissions, and accountability to the models whose interests they
represent.  Additionally, the inconsistencies in classification as to
whether models are employees or independent contractors have cultivated
a workplace environment where models are not afforded clear labor
protections under the law.

This bill would address loopholes in the law by making it an unlawful
discriminatory practice for a modeling entity, whether it be a manage-
ment agency or company, to subject a model to harassment, regardless of
their status as an independent contractor or employee.  This includes
but is not limited to unwelcome sexual advances, requests for sexual
favors, and harassment based on age, race, national origin, color, sexu-
al orientation, sex, and disability.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth fay after it shall have
become law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

2017-S7607 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7607
 
                             I N  S E N A T E
 
                             January 30, 2018
                                ___________
 
 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, in relation to establishing  unlawful
   discriminatory practices relating to models
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  296-d
 to read as follows:
   §  296-D. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO MODELS.  1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. "CLIENT" MEANS A RETAIL STORE, A MANUFACTURER, A CLOTHING DESIGNER,
 AN ADVERTISING AGENCY, A PHOTOGRAPHER, A PUBLISHING COMPANY OR ANY OTHER
 SUCH PERSON OR ENTITY THAT RECEIVES MODELING SERVICES FROM A MODEL;
   B. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF HIS OR HER STATUS AS  AN
 INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES FOR A
 CLIENT  OR CONSENTS IN WRITING TO THE TRANSFER OF HIS OR HER LEGAL RIGHT
 TO THE USE OF HIS OR HER NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTIS-
 ING PURPOSES OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A CLIENT  OR  WHO
 PROVIDES SHOWROOM OR FIT MODELING SERVICES;
   C.  "MODELING ENTITY" MEANS A MODELING AGENCY, MODEL MANAGEMENT COMPA-
 NY, EMPLOYMENT AGENCY, AND/OR ANY PERSON OR ENTITY THAT: (1) IS  IN  THE
 BUSINESS OF MANAGING ENTERTAINMENTS, EXHIBITIONS OR PERFORMANCES, OR THE
 MODELS,  ARTISTS  OR  ATTRACTIONS  CONSTITUTING THE SAME; (2) WHO, FOR A
 FEE, PROCURES OR ATTEMPTS TO PROCURE: (I) EMPLOYMENT OR ENGAGEMENTS  FOR
 PERSONS  SEEKING  EMPLOYMENT  OR ENGAGEMENTS, OR (II) EMPLOYEES OR INDE-
 PENDENT CONTRACTORS FOR EMPLOYERS OR ENTITIES SEEKING  THE  SERVICES  OF
 EMPLOYEES  OR  INDEPENDENT  CONTRACTORS;  AND/OR  (3) RENDERS VOCATIONAL
 GUIDANCE OR COUNSELLING SERVICES TO MODELS; AND
   D. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
 SESSIONS OR THE ENGAGEMENT OF A MODEL IN RUNWAY, LIVE, FILMED, OR  TAPED
 PERFORMANCES  REQUIRING HIM OR HER TO POSE, PROVIDE AN EXAMPLE OR STAND-
 ARD OF ARTISTIC EXPRESSION  OR  TO  BE  A  REPRESENTATION  TO  SHOW  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13446-03-7

 S. 7607                             2
 
 CONSTRUCTION  OR  APPEARANCE  OF  SOME  THING  OR  PLACE FOR PURPOSES OF
 DISPLAY OR ADVERTISING.    MODELING  SERVICES  SHALL  ALSO  INCLUDE  THE
 PROVISIONS OF SHOWROOM OR FIT MODELING SERVICES.
   2.  IT  SHALL  BE  AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A CLIENT OR
 MODELING ENTITY TO:
   A. ENGAGE IN UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR
 OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE TO A MODEL WHEN:
   (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY
 A TERM OR CONDITION OF A MODEL'S PROVISION OF MODELING SERVICES;
   (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT  BY  A  MODEL  IS  USED
 EITHER  EXPLICITLY  OR  IMPLICITLY AS THE BASIS FOR DECISIONS CONCERNING
 THE INDIVIDUAL'S PROVISION OF MODELING SERVICES; OR
   (3) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
 WITH A MODEL'S PROVISION OF MODELING SERVICES BY CREATING AN  INTIMIDAT-
 ING, HOSTILE, OR OFFENSIVE ENVIRONMENT; OR
   B.  SUBJECT  A  MODEL  TO HARASSMENT BASED ON AGE, RACE, CREED, COLOR,
 NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS,  SEX,  DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR DOMESTIC VIOLENCE  VICTIM  STATUS,  WHERE  SUCH  HARASSMENT  HAS  THE
 PURPOSE  OR  EFFECT  OF  UNREASONABLY  INTERFERING  WITH AN INDIVIDUAL'S
 PROVISION OF MODELING SERVICES BY CREATING AN INTIMIDATING, HOSTILE,  OR
 OFFENSIVE ENVIRONMENT.
   3.  A.  EACH  CLIENT  AND MODELING ENTITY SHALL POST, IN A CONSPICUOUS
 PLACE AT THEIR PLACE OF BUSINESS AND/OR AT THE SITE OF EACH JOB  ASSIGN-
 MENT,  NOTICES  TO  THE  MODELS HIRED, TO BE PREPARED OR APPROVED BY THE
 DIVISION, SETTING FORTH EXCERPTS FROM, OR SUMMARIES  OF,  THE  PERTINENT
 PROVISIONS OF THIS SECTION AND INFORMATION RELATED TO FILING A COMPLAINT
 UNDER  THIS  ARTICLE  INCLUDING  PRO  BONO AND/OR LEGAL SERVICES CONTACT
 INFORMATION.
   B.  EACH  CLIENT  SHALL  PROVIDE  TO  EACH  MODEL  PROVIDING  MODELING
 SERVICES,  IN WRITING OR ELECTRONICALLY, THE NAMES AND/OR OFFICES, AND A
 RELIABLE MEANS OF CONTACTING SUCH INDIVIDUALS  OR  OFFICES,  TO  WHOM  A
 COMPLAINT UNDER THIS ARTICLE MAY BE MADE.
   C. AT THE INITIAL EXECUTION OF THE CONTRACT BETWEEN THE MODELING ENTI-
 TY  AND  THE  MODEL,  THE  MODEL  SHALL  BE  INFORMED  IN WRITING OF THE
 PROVISIONS  OF  THIS  ARTICLE  INCLUDING  THE  PROCEDURE  FOR  FILING  A
 COMPLAINT.  THE  MODEL SHALL DEMONSTRATE HIS OR HER UNDERSTANDING OF THE
 PROVISIONS OF THIS ARTICLE AND THAT SUCH INFORMATION HAS  BEEN  PROVIDED
 TO HIM OR HER BY SIGNING A FORM, TO BE PREPARED OR APPROVED BY THE DIVI-
 SION, TO THAT EFFECT.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED OR INTERPRETED TO LIMIT
 THE RIGHTS OF MODELS PROVIDED UNDER THIS CHAPTER OR ANY OTHER PROVISIONS
 OF LAW.
   § 2. Subdivision 4 of section 292 of the executive law, as amended  by
 chapter 97 of the laws of 2014, is amended to read as follows:
   4.  The  term  "unlawful  discriminatory practice" includes only those
 practices specified in sections  two  hundred  ninety-six,  two  hundred
 ninety-six-a   [and],   two   hundred   ninety-six-c   AND  TWO  HUNDRED
 NINETY-SIX-D of this article.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7607

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S7607 (ACTIVE) - Details

2017-S7607 (ACTIVE) - Summary

2017-S7607 (ACTIVE) - Sponsor Memo

2017-S7607 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7607

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S7607 (ACTIVE) - Details

2017-S7607 (ACTIVE) - Summary

2017-S7607 (ACTIVE) - Sponsor Memo

2017-S7607 (ACTIVE) - Bill Text download pdf

Comments