S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4144
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. The executive law is amended by adding a new section  296-e
 to read as follows:
   §  296-E. 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. "HIRING PARTY" MEANS ANY PERSON OR ENTITY WHO EXERCISES ANY FORM OF
 CONTROL OVER A MODEL'S SERVICES, INCLUDING  MODELING  ENTITIES,  BRANDS,
 AND  OTHER CLIENTS, OTHER THAN (1) THE UNITED STATES GOVERNMENT, (2) THE
 STATE OF NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT,  AGENCY,  AUTHORITY
 OR  OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE AND THE JUDICIARY,
 (3) A CITY GOVERNMENT, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY OR OTHER
 BODY OF THAT CITY, (4) ANY OTHER LOCAL GOVERNMENT, MUNICIPALITY OR COUN-
 TY OR (5) ANY FOREIGN GOVERNMENT.
   C. "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;
   D.  "MODELING ENTITY" MEANS A MODELING AGENCY, MODEL MANAGEMENT COMPA-
 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
 
 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
   E. "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
 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 HIRING PARTY
 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; OR
   C.  THREATEN,  INTIMIDATE, DISCIPLINE, HARASS, DENY A WORK OPPORTUNITY
 TO OR DISCRIMINATE AGAINST A MODEL, OR TAKE ANY OTHER ACTION THAT PENAL-
 IZES A MODEL FOR, OR IS REASONABLY LIKELY TO DETER A MODEL  FROM,  EXER-
 CISING  OR  ATTEMPTING TO EXERCISE ANY RIGHT GUARANTEED UNDER THIS ARTI-
 CLE, OR FROM OBTAINING FUTURE WORK OPPORTUNITY  BECAUSE  THE  MODEL  HAS
 DONE SO.
   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

 S. 4144                             3
 
 TO HIM OR HER BY SIGNING A FORM, TO BE PREPARED OR APPROVED BY THE DIVI-
 SION, TO THAT EFFECT.
   4.  A.  EACH  MODELING  ENTITY  OR  CLIENT SHALL IMPLEMENT A SYSTEM OR
 PROCEDURE FOR RECEIVING COMPLAINTS UNDER THIS SECTION  AND  SECTION  TWO
 HUNDRED  NINETY-SIX-D  OF  THIS ARTICLE. SUCH PROCEDURES SHALL PROVIDE A
 WRITTEN OR ELECTRONIC RECEIPT TO THE COMPLAINANT ACKNOWLEDGING THAT  THE
 COMPLAINT  HAS BEEN RECEIVED AND CATALOGUED.  REGISTRATION OF COMPLAINTS
 VIA THESE SYSTEMS OR PROCEDURES, OR FAILURE ON THE PART OF THE  MODELING
 ENTITY OR CLIENT TO IMPLEMENT SUCH SYSTEM OR PROCEDURE, SHALL BE CONSID-
 ERED  AS  EVIDENCE  OF KNOWLEDGE OR NOTICE OF THE ALLEGED SEXUAL HARASS-
 MENT.
   B. MODELING ENTITIES SHALL BE CONSIDERED EMPLOYERS AND MODELS SHALL BE
 CONSIDERED EMPLOYEES FOR PURPOSES OF SECTION TWO HUNDRED  ONE-G  OF  THE
 LABOR LAW.  CLIENTS SHALL BE CONSIDERED EMPLOYERS FOR PURPOSES OF SUBDI-
 VISION ONE OF SECTION TWO HUNDRED ONE-G OF THE LABOR LAW.
   5.  MODELING  ENTITIES  AND  CLIENTS MAY BE HELD JOINTLY AND SEVERALLY
 LIABLE FOR CLAIMS OF SEXUAL HARASSMENT BROUGHT UNDER  THIS  SECTION  AND
 SECTION TWO HUNDRED NINETY-SIX-D OF THIS ARTICLE.
   6.  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
 section  2 of subpart F of part KK of chapter 57 of the laws of 2018, 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-E of this article.
   § 3. The labor law is amended by adding a new section 202-n to read as
 follows:
   §  202-N.  PROVISION  OF EDUCATIONAL MATERIALS REGARDING NUTRITION AND
 EATING DISORDERS TO ADULT MODELS. 1. FOR THE PURPOSES OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADULT MODEL" MEANS AN INDIVIDUAL OVER THE AGE OF EIGHTEEN, REGARD-
 LESS  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 ADVERTISING PURPOSES OR FOR THE PURPOSES
 OF TRADE, DIRECTLY TO A CLIENT OR WHO PROVIDES SHOWROOM OR FIT  MODELING
 SERVICES;
   B. "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;
   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

 S. 4144                             4

 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.  A.  A  MODELING  ENTITY SHALL MAKE AVAILABLE EDUCATIONAL MATERIALS
 REGARDING NUTRITION AND EATING DISORDERS TO AN ADULT MODEL WITHIN NINETY
 DAYS OF THE DATE OF AGREEING TO REPRESENTATION BY THE MODELING ENTITY OR
 PROCUREMENT BY A MODELING ENTITY OF AN ENGAGEMENT,  MEETING,  OR  INTER-
 VIEW, WHICHEVER COMES FIRST.
   B.  EDUCATIONAL  MATERIALS  REGARDING  NUTRITION  AND EATING DISORDERS
 SHALL INCLUDE, AT A MINIMUM, THE COMPONENTS SPECIFIED  IN  THE  NATIONAL
 INSTITUTE  OF  HEALTH'S EATING DISORDERS INTERNET WEBSITE OR A SUCCESSOR
 INTERNET WEBSITE.
   C. EDUCATIONAL MATERIALS REGARDING NUTRITION AND EATING DISORDERS  FOR
 EACH  ADULT  MODEL  SHALL  BE  IN  THE LANGUAGE UNDERSTOOD BY SUCH ADULT
 MODEL. THE MODELING ENTITY MAY COMPLY  WITH  THIS  LANGUAGE  REQUIREMENT
 EITHER  BY  MAKING  THE  EDUCATIONAL  MATERIALS  AVAILABLE  IN THE ADULT
 MODEL'S NATIVE LANGUAGE OR BY HAVING THE EDUCATIONAL MATERIALS PRESENTED
 FOR SUCH ADULT MODEL IN THE LANGUAGE THAT HE OR SHE UNDERSTANDS.
   D. THE MODELING ENTITY SHALL KEEP A RECORD FOR THREE YEARS  CONFIRMING
 THAT IT HAS MADE AVAILABLE EDUCATIONAL MATERIALS REGARDING NUTRITION AND
 EATING  DISORDERS TO ALL ADULT MODELS WHO HAVE BEEN SIGNED FOR REPRESEN-
 TATION AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 4. 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.