NY State Assembly Bill 2021-A9762

Archive: Last Bill Status - In Assembly 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
May 25, 2022	print number 9762a
May 25, 2022	amend and recommit to labor
Mar 28, 2022	referred to labor

Bill Amendments

Original

A (Active)

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2021-A9762 - Details

Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Add Art 34 §§958 - 966, amd §196-a, Lab L
Versions Introduced in 2023-2024 Legislative Session:: A5631

2021-A9762 - Summary

Provides for the registration and duties of model management companies and creative management companies; provides complaint procedures and penalties for violations.

2021-A9762 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9762
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Labor
 
 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:
 
   Section 1. The labor law is amended by adding a new article 34 to read
 as follows:
                                ARTICLE 34
                    NEW YORK STATE FASHION WORKERS ACT
 SECTION 958. SHORT TITLE.
         959. DEFINITIONS.
         960. REGISTRATION REQUIRED.
         961. REGISTRATION PROCESS.
         962. DUTIES OF MODEL MANAGEMENT COMPANIES AND  CREATIVE  MANAGE-
                MENT COMPANIES.
         963. PROHIBITIONS  ON  MODEL  MANAGEMENT  COMPANIES AND CREATIVE
                MANAGEMENT COMPANIES.
         964. DUTIES OF CLIENTS AND HIRING PARTIES.
         965. PROHIBITIONS ON CLIENTS AND HIRING PARTIES.
         966. VIOLATIONS, PENALTIES AND PROCEDURES.
   § 958. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "NEW YORK STATE FASHION WORKERS ACT".
   § 959. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "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 OR
 OTHER SERVICES RELATED TO THE PROVISION  OF  MODELING  SERVICES  FROM  A
 CREATIVE, DIRECTLY OR THROUGH INTERMEDIARIES.
   2. "HIRING PARTY" MEANS ANY PERSON OR ENTITY WHO EXERCISES ANY FORM OF
 CONTROL  OVER  A  MODEL'S OR CREATIVE'S SERVICES, INCLUDING MODELING AND
 CREATIVE ENTITIES, BRANDS, AND OTHER CLIENTS, OTHER THAN:
   (A) THE UNITED STATES GOVERNMENT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14365-05-2

 A. 9762                             2
 
   (B) THE STATE OF NEW YORK, INCLUDING ANY OFFICE,  DEPARTMENT,  AGENCY,
 AUTHORITY  OR  OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE AND THE
 JUDICIARY;
   (C)  A  LOCAL  GOVERNMENT, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY OR
 OTHER BODY OF THAT LOCAL GOVERNMENT; OR
   (D) ANY FOREIGN GOVERNMENT.
   3. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF THE INDIVIDUAL'S  STATUS
 AS AN INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES
 FOR A CLIENT OR CONSENTS IN WRITING TO THE TRANSFER OF THEIR LEGAL RIGHT
 TO  THE  USE  OF THEIR NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTISING
 PURPOSES OR FOR THE PURPOSES OF TRADE,  DIRECTLY  TO  A  CLIENT  OR  WHO
 PROVIDES  SHOWROOM,  PARTS,  OR FIT MODELING SERVICES.  THE TERM "MODEL"
 SHALL INCLUDE INFLUENCERS, PERFORMING  ARTISTS  AND  OTHER  PERSONS  WHO
 PERFORM MODELING SERVICES.
   4.  "MODELING  MANAGEMENT  COMPANY"  MEANS ANY PERSON OR ENTITY, OTHER
 THAN A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY  UNDER  ARTICLE
 ELEVEN OF THE GENERAL BUSINESS LAW, THAT:
   (A)  IS  IN  THE  BUSINESS  OF MANAGING MODELS PARTICIPATING IN ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES;
   (B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR  ENGAGE-
 MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS AS MODELS; OR
   (C)  RENDERS VOCATIONAL GUIDANCE OR COUNSELLING SERVICES TO MODELS FOR
 A FEE.
   5. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
 SESSIONS OR THE ENGAGEMENT OF A MODEL IN LIVE RUNWAY, LIVE,  FILMED,  OR
 TAPED  PERFORMANCES,  INCLUDING ON SOCIAL MEDIA PLATFORMS, REQUIRING THE
 MODEL TO POSE, PROVIDE AN EXAMPLE OR STANDARD 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,  INCLUDING  THE
 PROVISIONS  OF  CASTINGS,  FITTINGS, PHOTOSHOOTS, SHOWROOM, PARTS OR FIT
 MODELING SERVICES.
   6. "CREATIVES" ARE  ALL  INDIVIDUALS  WHO  PERFORM  VARIOUS  TASKS  OR
 SERVICES  DIRECTLY  RELATED  TO  THE PROVISION OF "MODELING SERVICES" BY
 "MODELS," INCLUDING BUT NOT LIMITED TO, PHOTOGRAPHERS, STYLISTS, CASTING
 DIRECTORS, MAKE-UP ARTISTS, HAIRDRESSERS, AND OTHER VENDORS  OR  PERSONS
 PERFORMING  NON-MODELING  CREATIVE  WORK  SUPPORTING  THE  PROVISION  OF
 "MODELING SERVICES."
   7. "CREATIVE MANAGEMENT COMPANY" MEANS A PERSON OR ENTITY, OTHER  THAN
 A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY UNDER ARTICLE ELEVEN
 OF THE GENERAL BUSINESS LAW, THAT:
   (A)  IS  IN THE BUSINESS OF MANAGING CREATIVES PARTICIPATING IN ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES;
   (B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR  ENGAGE-
 MENTS  FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS DIRECTLY RELATED TO
 THE PROVISION OF "MODELING SERVICES" BY "MODELS"; OR
   (C) RENDERS VOCATIONAL GUIDANCE OR COUNSELING  SERVICES  TO  CREATIVES
 FOR A FEE.
   8.   "EXCLUSIVE  REPRESENTATION"  MEANS  AN  AGREEMENT,  OR  A  CLAUSE
 CONTAINED IN AN AGREEMENT, WHICH IS ENTERED  INTO  BETWEEN  A  "MODELING
 MANAGEMENT COMPANY" AND A "MODEL" OR A "CREATIVE MANAGEMENT COMPANY" AND
 A "CREATIVE" WHICH RESTRICTS SUCH MODEL OR CREATIVE FROM PERFORMING WORK
 FOR  ANOTHER  PARTY NOT SUBJECT TO SUCH AGREEMENT FOR A SPECIFIED PERIOD
 OF TIME OR IN A SPECIFIED GEOGRAPHICAL AREA, THAT  IS  SIMILAR  TO  SUCH
 MODEL  OR  CREATIVE'S  WORK FOR THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY.
 A. 9762                             3
 
   § 960. REGISTRATION REQUIRED. A MODEL MANAGEMENT COMPANY  OR  CREATIVE
 MANAGEMENT  COMPANY  SHALL  NOT  ENGAGE IN BUSINESS FROM OFFICES IN THIS
 STATE OR ENTER INTO ANY ARRANGEMENT WITH A PERSON  FOR  THE  PURPOSE  OF
 PROVIDING  MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT  COMPANY
 SERVICES  TO  PERSONS  IN  THIS  STATE  UNLESS THE MANAGEMENT COMPANY IS
 REGISTERED UNDER THIS ARTICLE. NO PERSON SHALL USE  THE  NAME  OR  TITLE
 "MODELING AGENCY", "MODEL MANAGEMENT COMPANY", "CREATIVE AGENCY", "CREA-
 TIVE  MANAGEMENT  COMPANY", OR OTHERWISE REPRESENT THAT IT IS REGISTERED
 UNDER THIS ARTICLE UNLESS THE ENTITY OR PERSON IS REGISTERED UNDER  THIS
 ARTICLE.  A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY THAT
 DOES NOT COMPLY WITH THE PROVISIONS OF  THIS  ARTICLE  SHALL  NOT  BE  A
 REGISTERED  MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY IN
 THIS STATE.
   § 961. REGISTRATION PROCESS. 1. EXCEPT AS OTHERWISE PROVIDED  IN  THIS
 SECTION,  EACH  MODEL  MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 REQUIRED TO BE REGISTERED UNDER THIS ARTICLE SHALL PROVIDE  THE  DEPART-
 MENT  WITH  INFORMATION  REQUIRED  BY  THE  DEPARTMENT ON FORMS THAT THE
 DEPARTMENT SPECIFIES. AT A MINIMUM, MODEL MANAGEMENT COMPANIES AND CREA-
 TIVE MANAGEMENT COMPANIES SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) ALL NAMES UNDER WHICH IT CONDUCTS BUSINESS;
   (B) THE ADDRESS OF THE  PRINCIPAL  PLACE  OF  BUSINESS  OF  THE  MODEL
 MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT COMPANY AND THE ADDRESS OF
 EACH OFFICE IT MAINTAINS IN NEW YORK STATE;
   (C) THE MODEL MANAGEMENT COMPANY'S OR  CREATIVE  MANAGEMENT  COMPANY'S
 TAXPAYER OR EMPLOYER IDENTIFICATION NUMBER;
   (D)  A LIST BY JURISDICTION OF EACH NAME UNDER WHICH THE MODEL MANAGE-
 MENT COMPANY OR CREATIVE MANAGEMENT COMPANY HAS OPERATED IN THE  PRECED-
 ING  FIVE  YEARS, INCLUDING ANY ALTERNATIVE NAMES, NAMES OF PREDECESSORS
 AND, IF KNOWN, SUCCESSOR BUSINESS ENTITIES; AND
   (E) IN THE EVENT THE MODEL MANAGEMENT COMPANY OR  CREATIVE  MANAGEMENT
 COMPANY  OR  THE ULTIMATE PARENT OF A MODEL MANAGEMENT GROUP OR CREATIVE
 MANAGEMENT COMPANY GROUP IS A PRIVATELY OR  CLOSELY  HELD  COMPANY,  THE
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR MODEL MANAGE-
 MENT GROUP OR CREATIVE MANAGEMENT GROUP SHALL FILE A LIST OF ALL PERSONS
 OR  ENTITIES THAT BENEFICIALLY OWN A FIVE PERCENT OR GREATER INTEREST IN
 THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AT THE  TIME
 OF  APPLICATION  AND A LIST OF PERSONS WHO FORMERLY BENEFICIALLY OWNED A
 FIVE PERCENT OR GREATER INTEREST IN  THE  MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY  OR ITS PREDECESSORS IN THE PRECEDING FIVE
 YEARS. IN THE EVENT THE MODEL MANAGEMENT COMPANY OR CREATIVE  MANAGEMENT
 COMPANY  OR THE ULTIMATE PARENT OF A MODELING AGENCY GROUP IS A PUBLICLY
 TRADED COMPANY, THE MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY  OR  MODEL  MANAGEMENT  GROUP OR CREATIVE MANAGEMENT GROUP SHALL
 FILE A LIST OF ALL PERSONS OR ENTITIES THAT  BENEFICIALLY  OWN  A  FIFTY
 PERCENT  OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY OR THE ULTIMATE PARENT OF THE MODEL MANAGEMENT  GROUP
 OR CREATIVE MANAGEMENT GROUP AT THE TIME OF APPLICATION.
   2.  EACH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OPER-
 ATING WITHIN THIS STATE SHALL COMPLETE ITS INITIAL  REGISTRATION  WITHIN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3.  WITHIN  ONE YEAR OF THE INITIAL REGISTRATION OR ANY RENEWAL REGIS-
 TRATION, EACH REGISTRANT SHALL RENEW ITS REGISTRATION BY  NOTIFYING  THE
 DEPARTMENT  OF ANY CHANGES IN THE INFORMATION PREVIOUSLY PROVIDED PURSU-
 ANT TO THIS SECTION.
   4. UPON APPLICATION FOR REGISTRATION, A MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY  OR  MODEL  MANAGEMENT  GROUP  OR CREATIVE
 A. 9762                             4
 
 MANAGEMENT GROUP WITH MORE THAN FIVE EMPLOYEES THAT EITHER WORK  FROM  A
 LOCATION  IN  THIS STATE OR PERFORM WORK RELATING TO MODELS OR CREATIVES
 IN THIS STATE SHALL DEPOSIT WITH THE DEPARTMENT A SURETY BOND IN THE SUM
 OF FIFTY THOUSAND DOLLARS.
   5.  TWO  OR  MORE  MODEL  MANAGEMENT  COMPANIES OR CREATIVE MANAGEMENT
 COMPANIES THAT ARE MAJORITY OWNED BY THE SAME ULTIMATE PARENT, ENTITY OR
 PERSONS MAY BE REGISTERED  AS  A  MODEL  MANAGEMENT  GROUP  OR  CREATIVE
 MANAGEMENT  GROUP. A MODEL MANAGEMENT GROUP OR CREATIVE MANAGEMENT GROUP
 MAY SATISFY ANY REPORTING AND FINANCIAL REQUIREMENTS OF THIS ARTICLE  ON
 A  CONSOLIDATED BASIS. AS A CONDITION OF REGISTRATION AS A MODEL MANAGE-
 MENT GROUP OR CREATIVE MANAGEMENT GROUP, EACH COMPANY THAT IS  A  MEMBER
 OF  THE  GROUP  SHALL  GUARANTEE PAYMENT OF ALL FINANCIAL OBLIGATIONS OF
 EACH OTHER MEMBER.
   6. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY SHALL  BE
 EXEMPT  FROM  THE REGISTRATION REQUIREMENTS SPECIFIED IN THIS SECTION IF
 SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY:
   (A) SUBMITS A PROPERLY EXECUTED REQUEST FOR REGISTRATION AND EXEMPTION
 ON A FORM PROVIDED BY THE DEPARTMENT;
   (B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY IN ANOTHER STATE
 THAT HAS THE SAME OR GREATER REQUIREMENTS AS THIS ARTICLE; AND
   (C) DOES NOT MAINTAIN AN OFFICE IN THIS STATE OR SOLICIT IN ANY MANNER
 CLIENTS LOCATED OR DOMICILED WITHIN THIS STATE.
   7. THE REGISTRATION AND EXEMPTION OF A  MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT COMPANY UNDER SUBDIVISION SIX OF THIS SECTION SHALL
 BE VALID FOR ONE YEAR.
   8. THE DEPARTMENT SHALL MAINTAIN A LIST OF MODEL MANAGEMENT  COMPANIES
 AND  CREATIVE  MANAGEMENT  COMPANIES  REGISTERED  UNDER THIS ARTICLE AND
 SHALL ISSUE A CERTIFICATE  OF  REGISTRATION  TO  EACH  MODEL  MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY DULY REGISTERED.
   9.  THE  DEPARTMENT MAY PRESCRIBE FORMS NECESSARY TO PROMOTE THE EFFI-
 CIENT ADMINISTRATION OF THIS SECTION.
   § 962. DUTIES OF MODEL MANAGEMENT COMPANIES  AND  CREATIVE  MANAGEMENT
 COMPANIES.    A  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 SHALL:
   1. HAVE A FIDUCIARY DUTY TO ANY MODEL OR CREATIVE THE MODEL MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY MANAGES, PROCURES OR ATTEMPTS  TO
 PROCURE  EMPLOYMENT OR ENGAGEMENT FOR, OR RENDERS VOCATIONAL GUIDANCE OR
 COUNSELLING SERVICES TO;
   2. CONDUCT REASONABLE INQUIRIES INTO CLIENTS, HIRING PARTIES,  EMPLOY-
 MENT,  ENGAGEMENTS,  ENTERTAINMENTS,  EXHIBITIONS  AND  PERFORMANCES  TO
 ENSURE THE HEALTH, SAFETY AND WELFARE OF MODELS AND CREATIVES;
   3. USE ALL REASONABLE EFFORTS TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR
 MODELS AND CREATIVES SIGNED TO THE MODEL MANAGEMENT COMPANY OR  CREATIVE
 MANAGEMENT COMPANY;
   4.  REFRAIN  FROM  ENFORCING A REQUIREMENT OF EXCLUSIVE REPRESENTATION
 SHOULD THE MODEL OR CREATIVE NOT HAVE BEEN  PROVIDED  JOB  OPPORTUNITIES
 BOOKED  OR  CONTRACTED  BY  A  CLIENT  THROUGH THE MANAGEMENT COMPANY TO
 PROVIDE MODELING SERVICES OR CREATIVE SERVICES FOR A FEE IN THE PREVIOUS
 SIXTY DAYS;
   5. ENSURE THAT ANY EMPLOYMENT, ENGAGEMENT,  ENTERTAINMENT,  EXHIBITION
 OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
 SHALL  COMPLY  WITH  THE  REQUIREMENTS  OF  SUBDIVISION THREE OF SECTION
 FIFTY-TWO-C OF THE CIVIL RIGHTS LAW;
   6. PROVIDE MODELS AND CREATIVES WITH ACCESS TO AND COPIES,  WHICH  MAY
 CONSIST  OF  DIGITAL  COPIES,  OF ALL CONTRACTS AND AGREEMENTS THE MODEL
 A. 9762                             5
 
 MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY HAS ENTERED INTO  WITH
 A  CLIENT  OR  HIRING  PARTY  INVOLVING  RATE  OF PAY AND SCOPE OF WORK,
 PROVIDE PLAIN LANGUAGE SUMMARIES OF SUCH CONTRACTS AND  AGREEMENTS,  AND
 DISCLOSE  ANY  RELATIONSHIP,  CONTRACTUAL  OR  OTHERWISE, THAT MAY EXIST
 BETWEEN THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY  AND
 THE  CLIENT  OR  HIRING  PARTY OTHER THAN THE AGREEMENT RELATING SPECIF-
 ICALLY TO MODELING SERVICES OR CREATIVE SERVICES;
   7. IF RECEIVING ANY PAYMENT OF FUNDS ON BEHALF OF A MODEL OR CREATIVE,
 IMMEDIATELY DEPOSIT THE FUNDS IN ESCROW AND DISBURSE  SUCH  FUNDS,  LESS
 THE  MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY'S COMMIS-
 SION, WITHIN THIRTY DAYS OF RECEIPT, WITHIN NO MORE THAN FORTY-FIVE DAYS
 FROM THE DATE THE MODELING SERVICES OR CREATIVE SERVICES WERE  COMPLETED
 EXCEPT  WHEN  THE  FUNDS  ARE  THE  SUBJECT  OF AN ACTION, PROCEEDING OR
 CONTROVERSY BEFORE A COURT OR OTHER GOVERNMENTAL  BODY,  IN  WHICH  CASE
 SUCH FUNDS SHALL REMAIN IN ESCROW;
   8.  IN  THE CASE OF A DISPUTE WITH A CLIENT REGARDING LATE OR NON-PAY-
 MENT OF MODELING SERVICES OR CREATIVE SERVICES RENDERED, THE  MANAGEMENT
 COMPANY  SHALL  PAY THE MODEL OR CREATIVE AND THEN KEEP THE PAYMENT FROM
 THE CLIENT WHEN THE DISPUTE IS RESOLVED;
   9. NOTIFY FORMER MODELS AND CREATIVES IN WRITING, INCLUDING EMAIL,  IF
 THE  MANAGEMENT  COMPANY  COLLECTS  ROYALTIES  DUE  TO  A MODEL WHOM THE
 MANAGEMENT COMPANY NO LONGER REPRESENTS;
   10. POST A PHYSICAL COPY OF THE MODEL MANAGEMENT COMPANY  OR  CREATIVE
 MANAGEMENT  COMPANY'S CERTIFICATE OF REGISTRATION IN A CONSPICUOUS PLACE
 IN THE OFFICE OF THE MODEL MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY  AND  A DIGITAL COPY ON THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY WEBSITE;
   11. INCLUDE, IN CLEAR AND LEGIBLE TYPE, THE REGISTRATION NUMBER OF THE
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY  IN  ANY  ADVER-
 TISEMENT,  INCLUDING  SOCIAL  MEDIA PROFILES FOR THE MANAGEMENT COMPANY,
 FOR THE PURPOSE OF THE SOLICITATION OF MODELS OR CREATIVES FOR THE MODEL
 MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AND  IN  ANY  CONTRACT
 WITH A MODEL, CREATIVE, HIRING PARTY, OR CLIENT;
   12.  SUBMIT  TO  THE  DEPARTMENT  A  FORM  OR  FORMS OF CONTRACT TO BE
 UTILIZED BY SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 IN ENTERING INTO WRITTEN CONTRACTS WITH  MODELS  OR  CREATIVES  FOR  THE
 EMPLOYMENT OR ENGAGEMENT OF THE SERVICES OF SUCH MODEL MANAGEMENT COMPA-
 NY  OR  CREATIVE  MANAGEMENT  COMPANY  BY  SUCH MODELS OR CREATIVES, AND
 SECURE THE APPROVAL OF THE DEPARTMENT THEREOF, PROVIDED  THE  DEPARTMENT
 SHALL  NOT  WITHHOLD  APPROVAL  UNLESS SUCH PROPOSED FORM OF CONTRACT IS
 UNFAIR, UNJUST AND OPPRESSIVE TO THE MODEL OR CREATIVE; AND
   13. PROVIDE ALL MATERIALS, INCLUDING FINANCIAL STATEMENTS, AGREEMENTS,
 AND CONTRACTS PERTAINING TO THE MODEL OR CREATIVE,  IN  A  LANGUAGE  THE
 MODEL OR CREATIVE SUFFICIENTLY UNDERSTANDS.
   § 963. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES AND CREATIVE MANAGE-
 MENT COMPANIES. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPA-
 NY SHALL NOT:
   1. REQUIRE OR COLLECT ANY FEE OR DEPOSIT FROM A MODEL OR CREATIVE UPON
 THE  SIGNING  OF,  OR  AS  A CONDITION TO ENTERING INTO, ANY CONTRACT OR
 AGREEMENT BETWEEN THE MODEL MANAGEMENT COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY AND THE MODEL OR CREATIVE;
   2.   CHARGE MORE THAN THE DAILY FAIR MARKET RATE FOR ACCOMMODATION FOR
 THE MODEL OR CREATIVE;
   3. DEDUCT OR OFFSET FROM A MODEL OR CREATIVE'S PAYMENT OR COMPENSATION
 ANY FEE OR EXPENSE OTHER THAN THE AGREED UPON COMMISSION. SUCH PROHIBIT-
 A. 9762                             6

 ED FEES AND EXPENSES INCLUDE BUT ARE NOT LIMITED TO WEBSITE FEES, TRAVEL
 FEES, ACCOMMODATION FEES, AND DELIVERY FEES;
   4.  REQUIRE  A MODEL OR CREATIVE TO SIGN A MODEL MANAGEMENT COMPANY OR
 CREATIVE MANAGEMENT COMPANY CONTRACT THAT CONTAINS EITHER A TERM GREATER
 THAN TWO YEARS OR A TERM ALLOWING THE MODEL MANAGEMENT COMPANY OR  CREA-
 TIVE MANAGEMENT COMPANY TO RENEW THE CONTRACT WITHOUT THE MODEL OR CREA-
 TIVE'S AFFIRMATIVE CONSENT;
   5. IMPOSE A COMMISSION FEE GREATER THAN TWENTY PERCENT OF THE MODEL OR
 CREATIVE'S PAYMENT OR COMPENSATION;
   6. TAKE ANY RETALIATORY ACTION AGAINST ANY MODEL OR CREATIVE WHO FILES
 OR  ATTEMPTS TO FILE A COMPLAINT PURSUANT TO THIS ARTICLE OR DECLINES OR
 DISCONTINUES PARTICIPATION IN ANY  CASTING  OR  BOOKING  ON  ACCOUNT  OF
 REASONABLE,  GOOD  FAITH  CONCERNS  REGARDING  AN  ACTUAL  OR  POTENTIAL
 VIOLATION OF THIS ARTICLE;
   7. ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A  MODEL
 OR  CREATIVE  BASED ON ANY LEGALLY PROTECTED CATEGORIES AS PROHIBITED BY
 TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT OF 1964, AS AMENDED; OR
   8. MANAGEMENT COMPANIES ACTING AS  VISA  EMPLOYER-SPONSORS  SHALL  NOT
 DEDUCT  VISA-RELATED  COSTS AND FEES FROM THE PAY OF A MODEL OR CREATIVE
 IF THE APPLICABLE FEDERAL REGULATIONS/STATUTES GOVERNING THE VISA  CATE-
 GORY UNDER WHICH THE MODEL OR CREATIVE ENTERED THE UNITED STATES FOR THE
 PURPOSES  OF ENGAGING IN MODELING SERVICES OR CREATIVE SERVICES REQUIRES
 THAT THE MANAGEMENT COMPANY COVER ALL OF THOSE  VISA-RELATED  COSTS  AND
 FEES.
   § 964. DUTIES  OF CLIENTS AND HIRING PARTIES. A CLIENT OR HIRING PARTY
 SHALL:
   1. PROVIDE FEES, PAYMENT AND COMPENSATION DUE TO A MODEL OR  CREATIVE,
 INCLUDING  COMPENSATION  REQUIRED  BY  SUBDIVISION  TWO OF THIS SECTION,
 WITHIN THIRTY DAYS OF THE END  OF  ANY  EMPLOYMENT,  ENGAGEMENT,  ENTER-
 TAINMENT, EXHIBITION OR PERFORMANCE;
   2.  COMPENSATE  MODELS  AND CREATIVES AT AN HOURLY RATE AT LEAST FIFTY
 PERCENT HIGHER THAN THE  CONTRACTED  HOURLY  RATE  FOR  ANY  EMPLOYMENT,
 ENGAGEMENT,  ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
 HOURS IN ANY TWENTY-FOUR HOUR PERIOD; AND
   3. PROVIDE AT LEAST ONE THIRTY-MINUTE MEAL BREAK FOR  ANY  EMPLOYMENT,
 ENGAGEMENT,  ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
 HOURS IN ANY TWENTY-FOUR HOUR PERIOD.
   § 965. PROHIBITIONS ON CLIENTS AND HIRING PARTIES. A CLIENT OR  HIRING
 PARTY  SHALL  NOT  ENGAGE  IN  DISCRIMINATION  OR HARASSMENT OF ANY KIND
 AGAINST A MODEL OR CREATIVE BASED ON ANY LEGALLY PROTECTED CATEGORIES AS
 PROHIBITED BY TITLE VII OF THE FEDERAL CIVIL  RIGHTS  ACT  OF  1964,  AS
 AMENDED.
   § 966. VIOLATIONS,  PENALTIES  AND PROCEDURES. 1. ANY MODEL MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY OR  PERSON  PURPORTING  TO  BE  A
 MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY WHO HAS FAILED
 TO COMPLY WITH THE REGISTRATION REQUIREMENTS  OF  SECTION  NINE  HUNDRED
 SIXTY OF THIS ARTICLE SHALL BE DEEMED TO HAVE VIOLATED THIS ARTICLE.
   2.  ANY  MODEL  MANAGEMENT  COMPANY  OR CREATIVE MANAGEMENT COMPANY OR
 PERSON PURPORTING TO BE A PROFESSIONAL  EMPLOYER  ORGANIZATION  WHO  HAS
 FAILED  TO  COMPLY WITHIN THE TIME SPECIFIED BY LAW WITH AN ORDER ISSUED
 BY THE COMMISSIONER TO COMPLY  WITH  THE  REGISTRATION  REQUIREMENTS  OF
 SECTION  NINE  HUNDRED  SIXTY  OF  THIS  ARTICLE SHALL BE DEEMED TO HAVE
 VIOLATED THIS ARTICLE.
   3. ANY CLIENT WHO ENTERS INTO AN AGREEMENT  WITH  A  MODEL  MANAGEMENT
 COMPANY  OR  CREATIVE  MANAGEMENT  COMPANY  OR PERSON PURPORTING TO BE A
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, WHO IS REQUIRED
 A. 9762                             7
 
 TO REGISTER, BUT WHOM THE CLIENT KNOWS OR SHOULD HAVE KNOWN  HAS  FAILED
 TO  REGISTER,  FAILED  TO RENEW ITS REGISTRATION OR HAD ITS REGISTRATION
 REVOKED BY THE COMMISSIONER SHALL BE DEEMED TO HAVE VIOLATED THIS  ARTI-
 CLE.
   4.  (A)  THE  COMMISSIONER  MAY  IMPOSE  A  CIVIL PENALTY UPON A MODEL
 MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, A  PERSON  PURPORTING
 TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, AND ALL
 PERSONS  OR  ENTITIES THAT OWN A FIVE PERCENT OR GREATER INTEREST IN THE
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, THAT HAVE  BEEN
 DEEMED  TO  HAVE  VIOLATED THIS ARTICLE, FOR NO MORE THAN THREE THOUSAND
 DOLLARS FOR THE INITIAL VIOLATION, AND FOR NO MORE  THAN  FIVE  THOUSAND
 DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   (B)  THE  COMMISSIONER  MAY  IMPOSE  A  CIVIL  PENALTY UPON ANY CLIENT
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION THAT HAS BEEN  DEEMED  TO
 HAVE  VIOLATED  THIS  ARTICLE, FOR NO MORE THAN ONE THOUSAND DOLLARS FOR
 THE INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND DOLLARS FOR  A
 SECOND OR SUBSEQUENT VIOLATION.
   (C)  THE ORDER IMPOSING SUCH CIVIL PENALTY MAY BE SERVED PERSONALLY OR
 BY CERTIFIED MAIL AT THE LAST KNOWN MAILING ADDRESS OF THE PERSON  BEING
 SERVED.  SUCH ORDER SHALL BE IN WRITING AND SHALL DESCRIBE THE NATURE OF
 THE VIOLATION, INCLUDING REFERENCE TO  THE  PROVISIONS  OF  SUBDIVISIONS
 ONE, TWO AND THREE OF THIS SECTION ALLEGED TO HAVE BEEN VIOLATED.
   5.  AN  ORDER ISSUED UNDER THIS SECTION SHALL BE FINAL AND NOT SUBJECT
 TO REVIEW BY ANY COURT OR  AGENCY  UNLESS  REVIEW  IS  HAD  PURSUANT  TO
 SECTION ONE HUNDRED ONE OF THIS CHAPTER. PROVIDED THAT NO PROCEEDING FOR
 ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN
 BE  PENDING  AND  THE  TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE
 EXPIRED, THE COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF  THE  COUNTY
 WHERE  THE  PERSON AGAINST WHOM THE PENALTY HAS BEEN IMPOSED HAS A PLACE
 OF BUSINESS THE ORDER OF THE COMMISSIONER OR THE DECISION OF THE  INDUS-
 TRIAL  BOARD  OF APPEALS CONTAINING THE AMOUNT OF THE CIVIL PENALTY. THE
 FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF
 A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECI-
 SION MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE  SAME
 MANNER,  AND  WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE
 LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   6. IF ANY MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT  COMPANY  OR
 PERSON  PURPORTING  TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGE-
 MENT COMPANY SHALL HAVE FAILED TO COMPLY WITHIN TWENTY DAYS OF AN  ORDER
 BY  THE COMMISSIONER TO REGISTER OR RENEW REGISTRATION, THE COMMISSIONER
 MAY SEEK TO ENJOIN SUCH UNLAWFUL ACTIVITY, PURSUANT TO THE  CIVIL  PRAC-
 TICE LAW AND RULES.
   7.  THE  INTENTIONAL FAILURE OF A MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY
 OR CREATIVE MANAGEMENT COMPANY TO COMPLY WITH THE REGISTRATION  REQUIRE-
 MENTS  OF  SECTION NINE HUNDRED SIXTY OF THIS ARTICLE SHALL BE A CLASS B
 MISDEMEANOR. THE OFFICERS AND AGENTS OF A MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGE-
 MENT COMPANY OR CREATIVE MANAGEMENT COMPANY WHO  KNOWINGLY  PERMIT  SUCH
 MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY TO VIOLATE THE
 REGISTRATION REQUIREMENTS OF SECTION NINE HUNDRED SIXTY OF THIS  ARTICLE
 SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
   8.  A  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, PERSON
 PURPORTING TO BE A  MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY,  HIRING  PARTY  OR  CLIENT THAT OTHERWISE VIOLATES THIS ARTICLE
 SHALL BE LIABLE FOR ACTUAL DAMAGES TO ANY MODEL  OR  CREATIVE  THAT  HAS
 A. 9762                             8
 
 SUFFERED  DAMAGES  DUE  TO  SUCH  VIOLATION,  AND  THE COURT MAY, IN ITS
 DISCRETION, AWARD PUNITIVE DAMAGES.
   §  2. Section 196-a of the labor law, as amended by chapter 564 of the
 laws of 2010, is amended to read as follows:
   § 196-a. Complaints by  employees  to  commissioner.    [(a)]  1.  Any
 employee; person or organization acting on the employee's behalf; or the
 recognized  and  certified  collective  bargaining  agent  acting on the
 employee's behalf, may file with the commissioner a complaint  regarding
 a  violation  of  this  article, article five, seven, nineteen, or nine-
 teen-A of this chapter for an investigation of such complaint and state-
 ment setting the appropriate remedy, if any. The commissioner shall keep
 the names of employees that are the subject of an  investigation  confi-
 dential  until  such time that disclosure is necessary for resolution of
 an investigation or a complaint. Failure of an employer to keep adequate
 records or provide statements of wages to employees  as  required  under
 this chapter, in addition to exposing such employer to penalties author-
 ized under subdivision one of section two hundred eighteen of this chap-
 ter, shall not operate as a bar to filing of a complaint by an employee.
 In  such a case the employer in violation shall bear the burden of prov-
 ing that the complaining employee was  paid  wages,  benefits  and  wage
 supplements.
   [(b)]  2.  Any  employee,  or  the recognized and certified collective
 bargaining agent acting on the employee's  behalf,  contractor,  or  the
 recognized  and  certified  labor organization with which the contractor
 has executed a collective bargaining agreement covering wages,  benefits
 and supplements, may file with the commissioner a complaint regarding an
 alleged  violation  of  this article or article nineteen of this chapter
 occasioned by another  person,  corporation,  employer  or  entities  in
 violation  of  article  thirty-five-E of the general business law for an
 investigation of such complaint and statement  setting  the  appropriate
 remedy, if any.
   3.  (A) A MODEL OR CREATIVE WHO IS AGGRIEVED BY A VIOLATION OF ARTICLE
 THIRTY-FOUR OF THIS CHAPTER MAY FILE A COMPLAINT WITH  THE  COMMISSIONER
 WITHIN  TWO  YEARS  AFTER THE ACTS ALLEGED TO HAVE VIOLATED SAID ARTICLE
 OCCURRED. THE COMMISSIONER SHALL PRESCRIBE THE FORM  OF  THE  COMPLAINT,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   (I)  THE  NAME AND MAILING ADDRESS OF THE MODEL OR CREATIVE AND OF THE
 HIRING PARTY ALLEGED TO HAVE VIOLATED ARTICLE THIRTY-FOUR OF THIS  CHAP-
 TER;
   (II)  A  STATEMENT  DETAILING  THE  TERMS  OF  THE MODEL OR CREATIVE'S
 CONTRACT, INCLUDING A COPY OF SUCH CONTRACT IF AVAILABLE;
   (III) THE MODEL OR CREATIVE'S OCCUPATION;
   (IV) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF  ARTICLE  THIRTY-
 FOUR OF THIS CHAPTER; AND
   (V)  A  SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE COMPLAINT ARE
 TRUE.
   (B) (I) WITHIN  TWENTY  DAYS  OF  RECEIVING  A  COMPLAINT  ALLEGING  A
 VIOLATION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER, THE COMMISSIONER SHALL
 SEND  THE  HIRING  PARTY  NAMED  IN  THE  COMPLAINT  A WRITTEN NOTICE OF
 COMPLAINT.  THE COMMISSIONER SHALL SEND SUCH NOTICE  BY  CERTIFIED  MAIL
 AND SHALL BEAR THE COST OF SENDING SUCH NOTICE.
   (II) THE NOTICE REQUIRED BY THIS PARAGRAPH SHALL:
   (1)  INFORM  THE HIRING PARTY THAT A COMPLAINT HAS BEEN FILED ALLEGING
 VIOLATIONS OF ARTICLE THIRTY-FOUR OF THIS CHAPTER;
   (2)  DETAIL  THE  REMEDIES  AVAILABLE  TO  A  MODEL  OR  CREATIVE  FOR
 VIOLATIONS OF SAID ARTICLE BY A HIRING PARTY;
 A. 9762                             9
 
   (3) INCLUDE A COPY OF THE COMPLAINT; AND
   (4)  INFORM  THE HIRING PARTY THAT FAILURE TO RESPOND TO THE COMPLAINT
 WILL CREATE A REBUTTABLE  PRESUMPTION  IN  ANY  CIVIL  ACTION  COMMENCED
 PURSUANT  TO  ARTICLE  THIRTY-FOUR OF THIS CHAPTER THAT THE HIRING PARTY
 COMMITTED THE VIOLATIONS ALLEGED IN THE COMPLAINT.
   (C) WITHIN TWENTY DAYS OF  RECEIVING  THE  NOTICE  OF  COMPLAINT,  THE
 HIRING PARTY IDENTIFIED IN THE COMPLAINT SHALL SEND THE COMMISSIONER ONE
 OF THE FOLLOWING:
   (I)  A  WRITTEN  STATEMENT THAT THE MODEL OR CREATIVE HAS BEEN PAID IN
 FULL AND PROOF OF SUCH PAYMENT; OR
   (II) A WRITTEN STATEMENT THAT THE MODEL OR CREATIVE HAS NOT BEEN  PAID
 IN FULL AND THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
   (D)  (I)  WITHIN  TWENTY  DAYS  OF RECEIVING THE WRITTEN RESPONSE, THE
 COMMISSIONER SHALL SEND THE MODEL OR CREATIVE A COPY OF:
   (1) THE RESPONSE;
   (2) ANY ENCLOSURES SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
   (3) MATERIALS INFORMING THE MODEL OR CREATIVE THAT HE OR SHE MAY BRING
 AN ACTION IN A COURT OF COMPETENT JURISDICTION; AND
   (4) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT.
   (II) IF THE COMMISSIONER RECEIVES NO RESPONSE FROM THE HIRING PARTY TO
 THE NOTICE OF COMPLAINT WITHIN THE TIME PROVIDED  BY  THIS  SUBDIVISION,
 THE  COMMISSIONER  SHALL MAIL A NOTICE OF NON-RESPONSE TO BOTH THE MODEL
 OR CREATIVE AND THE HIRING PARTY BY REGULAR MAIL AND SHALL INCLUDE  WITH
 SUCH  NOTICE PROOF THAT THE COMMISSIONER PREVIOUSLY MAILED THE NOTICE OF
 COMPLAINT TO THE HIRING PARTY BY CERTIFIED MAIL.   UPON  SATISFYING  THE
 REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER MAY CLOSE THE CASE.
   (E) AS USED IN THIS SUBDIVISION, "MODEL" AND "CREATIVE" SHALL HAVE THE
 MEANINGS DEFINED IN SECTION NINE HUNDRED FIFTY-NINE OF THIS CHAPTER.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.

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2021-A9762A (ACTIVE) - Details

Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Add Art 34 §§958 - 966, amd §196-a, Lab L
Versions Introduced in 2023-2024 Legislative Session:: A5631

2021-A9762A (ACTIVE) - Summary

Provides for the registration and duties of model management companies and creative management companies; provides complaint procedures and penalties for violations.

2021-A9762A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9762--A
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The labor law is amended by adding a new article 34 to read
 as follows:
                                ARTICLE 34
                    NEW YORK STATE FASHION WORKERS ACT
 SECTION 958. SHORT TITLE.
         959. DEFINITIONS.
         960. REGISTRATION REQUIRED.
         961. REGISTRATION PROCESS.
         962. DUTIES  OF  MODEL MANAGEMENT COMPANIES AND CREATIVE MANAGE-
                MENT COMPANIES.
         963. PROHIBITIONS ON MODEL  MANAGEMENT  COMPANIES  AND  CREATIVE
                MANAGEMENT COMPANIES.
         964. DUTIES OF CLIENTS.
         965. PROHIBITIONS ON CLIENTS.
         966. VIOLATIONS, PENALTIES AND PROCEDURES.
   § 958. SHORT  TITLE.  THIS  ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NEW YORK STATE FASHION WORKERS ACT".
   § 959. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "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  OR
 OTHER  SERVICES  RELATED  TO  THE  PROVISION OF MODELING SERVICES FROM A
 CREATIVE, DIRECTLY OR THROUGH INTERMEDIARIES.
   2.  "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF THE INDIVIDUAL'S STATUS
 AS AN INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES
 FOR A CLIENT OR CONSENTS IN WRITING TO THE TRANSFER OF THEIR LEGAL RIGHT
 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
 
 PURPOSES  OR  FOR  THE  PURPOSES  OF  TRADE, DIRECTLY TO A CLIENT OR WHO
 PROVIDES SHOWROOM, PARTS, OR FIT MODELING SERVICES.   THE  TERM  "MODEL"
 SHALL  INCLUDE  INFLUENCERS,  PERFORMING  ARTISTS  AND OTHER PERSONS WHO
 PERFORM MODELING SERVICES.
   3.  "MODELING  MANAGEMENT  COMPANY"  MEANS ANY PERSON OR ENTITY, OTHER
 THAN A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY  UNDER  ARTICLE
 ELEVEN OF THE GENERAL BUSINESS LAW, THAT:
   (A)  IS  IN  THE  BUSINESS  OF MANAGING MODELS PARTICIPATING IN ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES;
   (B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR  ENGAGE-
 MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS AS MODELS; OR
   (C)  RENDERS VOCATIONAL GUIDANCE OR COUNSELLING SERVICES TO MODELS FOR
 A FEE.
   4. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
 SESSIONS OR THE ENGAGEMENT OF A MODEL IN LIVE RUNWAY, LIVE,  FILMED,  OR
 TAPED  PERFORMANCES,  INCLUDING ON SOCIAL MEDIA PLATFORMS, REQUIRING THE
 MODEL TO POSE, PROVIDE AN EXAMPLE OR STANDARD 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,  INCLUDING  THE
 PROVISIONS  OF  CASTINGS,  FITTINGS, PHOTOSHOOTS, SHOWROOM, PARTS OR FIT
 MODELING SERVICES.
   5. "CREATIVES" ARE  ALL  INDIVIDUALS  WHO  PERFORM  VARIOUS  TASKS  OR
 SERVICES  DIRECTLY  RELATED  TO  THE PROVISION OF "MODELING SERVICES" BY
 "MODELS," INCLUDING BUT NOT LIMITED TO, PHOTOGRAPHERS, STYLISTS, CASTING
 DIRECTORS, MAKE-UP ARTISTS, HAIRDRESSERS, AND OTHER VENDORS  OR  PERSONS
 PERFORMING  NON-MODELING  CREATIVE  WORK  SUPPORTING  THE  PROVISION  OF
 "MODELING SERVICES."
   6. "CREATIVE MANAGEMENT COMPANY" MEANS A PERSON OR ENTITY, OTHER  THAN
 A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY UNDER ARTICLE ELEVEN
 OF THE GENERAL BUSINESS LAW, THAT:
   (A)  IS  IN THE BUSINESS OF MANAGING CREATIVES PARTICIPATING IN ENTER-
 TAINMENTS, EXHIBITIONS OR PERFORMANCES;
   (B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR  ENGAGE-
 MENTS  FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS DIRECTLY RELATED TO
 THE PROVISION OF "MODELING SERVICES" BY "MODELS"; OR
   (C) RENDERS VOCATIONAL GUIDANCE OR COUNSELING  SERVICES  TO  CREATIVES
 FOR A FEE.
   7.   "EXCLUSIVE  REPRESENTATION"  MEANS  AN  AGREEMENT,  OR  A  CLAUSE
 CONTAINED IN AN AGREEMENT, WHICH IS ENTERED  INTO  BETWEEN  A  "MODELING
 MANAGEMENT COMPANY" AND A "MODEL" OR A "CREATIVE MANAGEMENT COMPANY" AND
 A "CREATIVE" WHICH RESTRICTS SUCH MODEL OR CREATIVE FROM PERFORMING WORK
 FOR  ANOTHER  PARTY NOT SUBJECT TO SUCH AGREEMENT FOR A SPECIFIED PERIOD
 OF TIME OR IN A SPECIFIED GEOGRAPHICAL AREA, THAT  IS  SIMILAR  TO  SUCH
 MODEL  OR  CREATIVE'S  WORK FOR THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY.
   8. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND "COMMISSIONER" MEANS
 THE COMMISSIONER OF LABOR, EXCEPT THAT A CITY WITH A POPULATION  OF  ONE
 MILLION  OR  MORE  MAY, BY LOCAL LAW, DESIGNATE A CITY AGENCY TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE WITHIN THE JURISDICTION OF SUCH CITY,  IN
 WHICH  CASE  "DEPARTMENT"  SHALL  REFER TO THE AGENCY DESIGNATED BY SUCH
 LOCAL LAW AND "COMMISSIONER" SHALL REFER TO THE HEAD OF SUCH AGENCY.
   9. "DEAL MEMO" MEANS A THOROUGH DESCRIPTION IN WRITING OF THE  EMPLOY-
 MENT,  ENGAGEMENT,  ENTERTAINMENT, EXHIBITION, OR PERFORMANCE, INCLUDING
 BUT NOT LIMITED TO THE SCOPE OF WORK,  RATE  OF  PAY,  USAGES,  INCURRED
 EXPENSES, AND EXPECTATIONS OF THE MODEL OR CREATIVE.
 A. 9762--A                          3
 
   § 960. REGISTRATION  REQUIRED.  A MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY SHALL NOT ENGAGE IN BUSINESS  FROM  OFFICES  IN  THIS
 STATE  OR  ENTER  INTO  ANY ARRANGEMENT WITH A PERSON FOR THE PURPOSE OF
 PROVIDING  MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT  COMPANY
 SERVICES  TO  PERSONS  IN  THIS  STATE  UNLESS THE MANAGEMENT COMPANY IS
 REGISTERED UNDER THIS ARTICLE. NO PERSON SHALL USE  THE  NAME  OR  TITLE
 "MODELING AGENCY", "MODEL MANAGEMENT COMPANY", "CREATIVE AGENCY", "CREA-
 TIVE  MANAGEMENT  COMPANY", OR OTHERWISE REPRESENT THAT IT IS REGISTERED
 UNDER THIS ARTICLE UNLESS THE ENTITY OR PERSON IS REGISTERED UNDER  THIS
 ARTICLE.  A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY THAT
 DOES NOT COMPLY WITH THE PROVISIONS OF  THIS  ARTICLE  SHALL  NOT  BE  A
 REGISTERED  MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY IN
 THIS STATE.
   § 961. REGISTRATION PROCESS. 1. EXCEPT AS OTHERWISE PROVIDED  IN  THIS
 SECTION,  EACH  MODEL  MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 REQUIRED TO BE REGISTERED UNDER THIS ARTICLE SHALL PROVIDE  THE  DEPART-
 MENT  WITH  INFORMATION  REQUIRED  BY  THE  DEPARTMENT ON FORMS THAT THE
 DEPARTMENT SPECIFIES. AT A MINIMUM, MODEL MANAGEMENT COMPANIES AND CREA-
 TIVE MANAGEMENT COMPANIES SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) ALL NAMES UNDER WHICH IT CONDUCTS BUSINESS;
   (B) THE ADDRESS OF THE  PRINCIPAL  PLACE  OF  BUSINESS  OF  THE  MODEL
 MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT COMPANY AND THE ADDRESS OF
 EACH OFFICE IT MAINTAINS IN NEW YORK STATE;
   (C) THE MODEL MANAGEMENT COMPANY'S OR  CREATIVE  MANAGEMENT  COMPANY'S
 TAXPAYER OR EMPLOYER IDENTIFICATION NUMBER;
   (D)  A LIST BY JURISDICTION OF EACH NAME UNDER WHICH THE MODEL MANAGE-
 MENT COMPANY OR CREATIVE MANAGEMENT COMPANY HAS OPERATED IN THE  PRECED-
 ING  FIVE  YEARS, INCLUDING ANY ALTERNATIVE NAMES, NAMES OF PREDECESSORS
 AND, IF KNOWN, SUCCESSOR BUSINESS ENTITIES; AND
   (E) IN THE EVENT THE MODEL MANAGEMENT COMPANY OR  CREATIVE  MANAGEMENT
 COMPANY  OR  THE ULTIMATE PARENT OF A MODEL MANAGEMENT GROUP OR CREATIVE
 MANAGEMENT COMPANY GROUP IS A PRIVATELY OR  CLOSELY  HELD  COMPANY,  THE
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR MODEL MANAGE-
 MENT GROUP OR CREATIVE MANAGEMENT GROUP SHALL FILE A LIST OF ALL PERSONS
 OR  ENTITIES THAT BENEFICIALLY OWN A FIVE PERCENT OR GREATER INTEREST IN
 THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AT THE  TIME
 OF  APPLICATION  AND A LIST OF PERSONS WHO FORMERLY BENEFICIALLY OWNED A
 FIVE PERCENT OR GREATER INTEREST IN  THE  MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY  OR ITS PREDECESSORS IN THE PRECEDING FIVE
 YEARS. IN THE EVENT THE MODEL MANAGEMENT COMPANY OR CREATIVE  MANAGEMENT
 COMPANY  OR THE ULTIMATE PARENT OF A MODELING AGENCY GROUP IS A PUBLICLY
 TRADED COMPANY, THE MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY  OR  MODEL  MANAGEMENT  GROUP OR CREATIVE MANAGEMENT GROUP SHALL
 FILE A LIST OF ALL PERSONS OR ENTITIES THAT  BENEFICIALLY  OWN  A  FIFTY
 PERCENT  OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY OR THE ULTIMATE PARENT OF THE MODEL MANAGEMENT  GROUP
 OR CREATIVE MANAGEMENT GROUP AT THE TIME OF APPLICATION.
   2.  EACH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OPER-
 ATING WITHIN THIS STATE SHALL COMPLETE ITS INITIAL  REGISTRATION  WITHIN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3.  WITHIN  ONE YEAR OF THE INITIAL REGISTRATION OR ANY RENEWAL REGIS-
 TRATION, EACH REGISTRANT SHALL RENEW ITS REGISTRATION BY  NOTIFYING  THE
 DEPARTMENT  OF ANY CHANGES IN THE INFORMATION PREVIOUSLY PROVIDED PURSU-
 ANT TO THIS SECTION.
   4. UPON APPLICATION FOR REGISTRATION, A MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY  OR  MODEL  MANAGEMENT  GROUP  OR CREATIVE
 A. 9762--A                          4
 
 MANAGEMENT GROUP WITH MORE THAN FIVE EMPLOYEES THAT EITHER WORK  FROM  A
 LOCATION  IN  THIS STATE OR PERFORM WORK RELATING TO MODELS OR CREATIVES
 IN THIS STATE SHALL DEPOSIT WITH THE DEPARTMENT A SURETY BOND IN THE SUM
 OF FIFTY THOUSAND DOLLARS.
   5.  TWO  OR  MORE  MODEL  MANAGEMENT  COMPANIES OR CREATIVE MANAGEMENT
 COMPANIES THAT ARE MAJORITY OWNED BY THE SAME ULTIMATE PARENT, ENTITY OR
 PERSONS MAY BE REGISTERED  AS  A  MODEL  MANAGEMENT  GROUP  OR  CREATIVE
 MANAGEMENT  GROUP. A MODEL MANAGEMENT GROUP OR CREATIVE MANAGEMENT GROUP
 MAY SATISFY ANY REPORTING AND FINANCIAL REQUIREMENTS OF THIS ARTICLE  ON
 A  CONSOLIDATED BASIS. AS A CONDITION OF REGISTRATION AS A MODEL MANAGE-
 MENT GROUP OR CREATIVE MANAGEMENT GROUP, EACH COMPANY THAT IS  A  MEMBER
 OF  THE  GROUP  SHALL  GUARANTEE PAYMENT OF ALL FINANCIAL OBLIGATIONS OF
 EACH OTHER MEMBER.
   6. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY SHALL  BE
 EXEMPT  FROM  THE REGISTRATION REQUIREMENTS SPECIFIED IN THIS SECTION IF
 SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY:
   (A) SUBMITS A PROPERLY EXECUTED REQUEST FOR REGISTRATION AND EXEMPTION
 ON A FORM PROVIDED BY THE DEPARTMENT;
   (B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY IN ANOTHER STATE
 THAT HAS THE SAME OR GREATER REQUIREMENTS AS THIS ARTICLE; AND
   (C) DOES NOT MAINTAIN AN OFFICE IN THIS STATE OR SOLICIT IN ANY MANNER
 CLIENTS LOCATED OR DOMICILED WITHIN THIS STATE.
   7. THE REGISTRATION AND EXEMPTION OF A  MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT COMPANY UNDER SUBDIVISION SIX OF THIS SECTION SHALL
 BE VALID FOR ONE YEAR.
   8. THE DEPARTMENT SHALL MAINTAIN A LIST OF MODEL MANAGEMENT  COMPANIES
 AND  CREATIVE  MANAGEMENT  COMPANIES  REGISTERED  UNDER THIS ARTICLE AND
 SHALL ISSUE A CERTIFICATE  OF  REGISTRATION  TO  EACH  MODEL  MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY DULY REGISTERED.
   9.  THE  DEPARTMENT MAY PRESCRIBE FORMS NECESSARY TO PROMOTE THE EFFI-
 CIENT ADMINISTRATION OF THIS SECTION.
   § 962. DUTIES OF MODEL MANAGEMENT COMPANIES  AND  CREATIVE  MANAGEMENT
 COMPANIES.    A  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 SHALL:
   1. HAVE A FIDUCIARY DUTY TO ANY MODEL OR CREATIVE THE MODEL MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY MANAGES, PROCURES OR ATTEMPTS  TO
 PROCURE  EMPLOYMENT OR ENGAGEMENT FOR, OR RENDERS VOCATIONAL GUIDANCE OR
 COUNSELLING SERVICES TO;
   2. CONDUCT REASONABLE INQUIRIES INTO CLIENTS, EMPLOYMENT, ENGAGEMENTS,
 ENTERTAINMENTS, EXHIBITIONS AND PERFORMANCES TO ENSURE THE HEALTH, SAFE-
 TY AND WELFARE OF MODELS AND CREATIVES;
   3. USE ALL REASONABLE EFFORTS TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR
 MODELS AND CREATIVES SIGNED TO THE MODEL MANAGEMENT COMPANY OR  CREATIVE
 MANAGEMENT COMPANY;
   4.  REFRAIN  FROM  ENFORCING A REQUIREMENT OF EXCLUSIVE REPRESENTATION
 SHOULD THE MODEL OR CREATIVE NOT HAVE BEEN PROVIDED  A  JOB  OPPORTUNITY
 BOOKED  OR  CONTRACTED  BY  A  CLIENT  THROUGH THE MANAGEMENT COMPANY TO
 PROVIDE MODELING SERVICES OR CREATIVE SERVICES FOR A FEE IN THE PREVIOUS
 ONE HUNDRED TWENTY DAYS;
   5. ENSURE THAT ANY EMPLOYMENT, ENGAGEMENT,  ENTERTAINMENT,  EXHIBITION
 OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
 SHALL  COMPLY  WITH  THE  REQUIREMENTS  OF  SUBDIVISION THREE OF SECTION
 FIFTY-TWO-C OF THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER  THREE  HUNDRED
 FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
 A. 9762--A                          5
 
   6.  PROVIDE  MODELS AND CREATIVES WITH ACCESS TO AND COPIES, WHICH MAY
 CONSIST OF DIGITAL COPIES, OF ALL CONTRACTS  AND  AGREEMENTS  THE  MODEL
 MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY HAS ENTERED INTO WITH
 A CLIENT INVOLVING RATE OF PAY AND SCOPE OF WORK, PROVIDE PLAIN LANGUAGE
 SUMMARIES  OF  THE  RATE  OF  PAY  AND  SCOPE OF WORK INVOLVED WITH SUCH
 CONTRACTS AND AGREEMENTS, AND DISCLOSE ANY RELATIONSHIP, CONTRACTUAL  OR
 OTHERWISE,  THAT MAY EXIST BETWEEN THE MODEL MANAGEMENT COMPANY OR CREA-
 TIVE MANAGEMENT COMPANY AND THE CLIENT OTHER THAN THE AGREEMENT RELATING
 SPECIFICALLY TO MODELING SERVICES OR CREATIVE SERVICES;
   7. IF RECEIVING ANY PAYMENT OF FUNDS ON BEHALF OF A MODEL OR CREATIVE,
 IMMEDIATELY DEPOSIT THE FUNDS IN A CLIENT  TRUST  ACCOUNT  AND  DISBURSE
 SUCH  FUNDS,  LESS  THE  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
 COMPANY'S COMMISSION, WITHIN THIRTY DAYS OF RECEIPT, WITHIN NO MORE THAN
 FORTY-FIVE DAYS FROM THE DATE THE MODELING SERVICES OR CREATIVE SERVICES
 WERE COMPLETED EXCEPT WHEN THE FUNDS  ARE  THE  SUBJECT  OF  AN  ACTION,
 PROCEEDING  OR CONTROVERSY BEFORE A COURT OR OTHER GOVERNMENTAL BODY, IN
 WHICH CASE SUCH FUNDS SHALL REMAIN IN THE CLIENT TRUST ACCOUNT;
   8. IN THE CASE OF A DISPUTE WITH A CLIENT REGARDING LATE  OR  NON-PAY-
 MENT  OF MODELING SERVICES OR CREATIVE SERVICES RENDERED, THE MANAGEMENT
 COMPANY SHALL PAY THE MODEL OR CREATIVE AND THEN KEEP THE  PAYMENT  FROM
 THE CLIENT WHEN THE DISPUTE IS RESOLVED;
   9.  NOTIFY FORMER MODELS AND CREATIVES IN WRITING, INCLUDING EMAIL, IF
 THE MANAGEMENT COMPANY COLLECTS  ROYALTIES  DUE  TO  A  MODEL  WHOM  THE
 MANAGEMENT COMPANY NO LONGER REPRESENTS;
   10.  POST  A PHYSICAL COPY OF THE MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY'S CERTIFICATE OF REGISTRATION IN A CONSPICUOUS  PLACE
 IN  THE  OFFICE  OF  THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
 COMPANY AND A DIGITAL COPY ON THE MODEL MANAGEMENT COMPANY  OR  CREATIVE
 MANAGEMENT COMPANY WEBSITE;
   11. INCLUDE, IN CLEAR AND LEGIBLE TYPE, THE REGISTRATION NUMBER OF THE
 MODEL  MANAGEMENT  COMPANY  OR CREATIVE MANAGEMENT COMPANY IN ANY ADVER-
 TISEMENT, INCLUDING SOCIAL MEDIA PROFILES FOR  THE  MANAGEMENT  COMPANY,
 FOR THE PURPOSE OF THE SOLICITATION OF MODELS OR CREATIVES FOR THE MODEL
 MANAGEMENT  COMPANY  OR  CREATIVE MANAGEMENT COMPANY AND IN ANY CONTRACT
 WITH A MODEL, CREATIVE, OR CLIENT;
   12. SUBMIT TO THE DEPARTMENT  A  FORM  OR  FORMS  OF  CONTRACT  TO  BE
 UTILIZED BY SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
 IN  ENTERING  INTO  WRITTEN  CONTRACTS  WITH MODELS OR CREATIVES FOR THE
 EMPLOYMENT OR ENGAGEMENT OF THE SERVICES OF SUCH MODEL MANAGEMENT COMPA-
 NY OR CREATIVE MANAGEMENT COMPANY  BY  SUCH  MODELS  OR  CREATIVES,  AND
 SECURE  THE  APPROVAL OF THE DEPARTMENT THEREOF, PROVIDED THE DEPARTMENT
 SHALL NOT WITHHOLD APPROVAL UNLESS SUCH PROPOSED  FORM  OF  CONTRACT  IS
 UNFAIR, UNJUST AND OPPRESSIVE TO THE MODEL OR CREATIVE; AND
   13.  PROVIDE  ALL  REPRESENTATION AGREEMENTS AND CONTRACTS AND/OR DEAL
 MEMOS PERTAINING TO THE MODEL OR CREATIVE, OR ENSURE  THAT  THESE  DOCU-
 MENTS  HAVE  BEEN  PROVIDED,  IN A LANGUAGE THE MODEL OR CREATIVE SUFFI-
 CIENTLY UNDERSTANDS.
   § 963. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES AND CREATIVE MANAGE-
 MENT COMPANIES. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPA-
 NY SHALL NOT:
   1. REQUIRE OR COLLECT ANY FEE OR DEPOSIT FROM A MODEL OR CREATIVE UPON
 THE SIGNING OF, OR AS A CONDITION TO  ENTERING  INTO,  ANY  CONTRACT  OR
 AGREEMENT  BETWEEN  THE  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
 COMPANY AND THE MODEL OR CREATIVE;
   2.  CHARGE MORE THAN THE DAILY FAIR MARKET RATE FOR ACCOMMODATION  FOR
 THE MODEL OR CREATIVE;
 A. 9762--A                          6
 
   3. DEDUCT OR OFFSET FROM A MODEL OR CREATIVE'S PAYMENT OR COMPENSATION
 ANY FEE OR EXPENSE OTHER THAN THE AGREED UPON COMMISSION. SUCH PROHIBIT-
 ED FEES AND EXPENSES INCLUDE BUT ARE NOT LIMITED TO WEBSITE FEES, TRAVEL
 FEES, ACCOMMODATION FEES, AND DELIVERY FEES;
   4.  ADVANCE  THE COST OF TRAVEL EXCEPT ON A CASE-BY-CASE BASIS WITHOUT
 INTEREST IF THE MODEL OR CREATIVE IS INFORMED OF THE COST  AND  CONSENTS
 IN WRITING;
   5. ADVANCE VISA-RELATED COSTS AS A VISA EMPLOYER-SPONSOR IF THE APPLI-
 CABLE FEDERAL REGULATIONS AND STATUTES GOVERNING THE VISA CATEGORY UNDER
 WHICH  THE  MODEL OR CREATIVE ENTERED THE UNITED STATES FOR THE PURPOSES
 OF ENGAGING IN MODELING SERVICES OR CREATIVE SERVICES REQUIRES THAT  THE
 MANAGEMENT COMPANY COVER ALL OF THOSE VISA-RELATED COSTS AND FEES;
   6.  REQUIRE  A MODEL OR CREATIVE TO SIGN A MODEL MANAGEMENT COMPANY OR
 CREATIVE MANAGEMENT COMPANY CONTRACT THAT CONTAINS EITHER A TERM GREATER
 THAN THREE YEARS OR A TERM ALLOWING  THE  MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY TO RENEW THE CONTRACT WITHOUT THE MODEL OR
 CREATIVE'S AFFIRMATIVE CONSENT;
   7. IMPOSE A COMMISSION FEE GREATER THAN TWENTY PERCENT OF THE MODEL OR
 CREATIVE'S PAYMENT OR COMPENSATION;
   8. TAKE ANY RETALIATORY ACTION AGAINST ANY MODEL OR CREATIVE WHO FILES
 OR ATTEMPTS TO FILE A COMPLAINT PURSUANT TO THIS ARTICLE OR DECLINES  OR
 DISCONTINUES  PARTICIPATION  IN  ANY  CASTING  OR  BOOKING ON ACCOUNT OF
 REASONABLE,  GOOD  FAITH  CONCERNS  REGARDING  AN  ACTUAL  OR  POTENTIAL
 VIOLATION OF THIS ARTICLE; OR
   9.  ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A MODEL
 OR CREATIVE BASED ON ANY LEGALLY PROTECTED CATEGORIES AS  PROHIBITED  BY
 TITLE  VII  OF THE FEDERAL CIVIL RIGHTS ACT OF 1964, AS AMENDED, ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW, OR ANY APPLICABLE LOCAL HUMAN RIGHTS  LAWS
 AND REGULATIONS.
   § 964. DUTIES OF CLIENTS. A CLIENT SHALL:
   1. PROVIDE FEES, PAYMENT, REIMBURSEMENTS FOR EXPENSES AND COMPENSATION
 DUE  TO A MODEL OR CREATIVE, INCLUDING COMPENSATION REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION, WITHIN THIRTY DAYS OF THE END OF  ANY  EMPLOY-
 MENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION OR PERFORMANCE;
   2.  COMPENSATE  MODELS  AND CREATIVES AT AN HOURLY RATE AT LEAST FIFTY
 PERCENT HIGHER THAN THE  CONTRACTED  HOURLY  RATE  FOR  ANY  EMPLOYMENT,
 ENGAGEMENT,  ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
 HOURS IN ANY TWENTY-FOUR HOUR PERIOD;
   3. PROVIDE AT LEAST ONE THIRTY-MINUTE MEAL BREAK FOR  ANY  EMPLOYMENT,
 ENGAGEMENT,  ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
 HOURS IN ANY TWENTY-FOUR HOUR PERIOD;
   4. CONDUCT REASONABLE INQUIRIES INTO EMPLOYMENT,  ENGAGEMENTS,  ENTER-
 TAINMENTS, EXHIBITIONS AND PERFORMANCES TO ENSURE THE HEALTH, SAFETY AND
 WELFARE OF MODELS AND CREATIVES;
   5.  ENSURE  THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
 OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
 SHALL COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF  SECTION
 FIFTY-TWO-C  OF  THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER THREE HUNDRED
 FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
   6. ALLOW THE MODEL OR CREATIVE  TO  BE  ACCOMPANIED  BY  THEIR  AGENT,
 MANAGER,  CHAPERONE,  OR OTHER REPRESENTATIVE TO ANY EMPLOYMENT, ENGAGE-
 MENT, ENTERTAINMENT, EXHIBITION OR PERFORMANCE; AND
   7. PROVIDE ADEQUATE LEVELS OF LIABILITY INSURANCE TO COVER  AND  SAFE-
 GUARD THE HEALTH AND SAFETY OF MODELS AND CREATIVES.
   § 965. PROHIBITIONS ON CLIENTS. A CLIENT SHALL NOT ENGAGE IN DISCRIMI-
 NATION  OR  HARASSMENT  OF ANY KIND AGAINST A MODEL OR CREATIVE BASED ON
 A. 9762--A                          7
 
 ANY LEGALLY PROTECTED CATEGORIES AS  PROHIBITED  BY  TITLE  VII  OF  THE
 FEDERAL  CIVIL  RIGHTS  ACT  OF 1964, AS AMENDED, ARTICLE FIFTEEN OF THE
 EXECUTIVE LAW, OR ANY APPLICABLE  LOCAL  HUMAN  RIGHTS  LAWS  AND  REGU-
 LATIONS.
   § 966. VIOLATIONS,  PENALTIES  AND PROCEDURES. 1. ANY MODEL MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY OR  PERSON  PURPORTING  TO  BE  A
 MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY WHO HAS FAILED
 TO COMPLY WITH THE REGISTRATION REQUIREMENTS  OF  SECTION  NINE  HUNDRED
 SIXTY OF THIS ARTICLE SHALL BE DEEMED TO HAVE VIOLATED THIS ARTICLE.
   2.  ANY  MODEL  MANAGEMENT  COMPANY  OR CREATIVE MANAGEMENT COMPANY OR
 PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY OR  CREATIVE  MANAGE-
 MENT  COMPANY  WHO HAS FAILED TO COMPLY WITHIN THE TIME SPECIFIED BY LAW
 WITH AN ORDER ISSUED BY THE COMMISSIONER TO COMPLY WITH THE REGISTRATION
 REQUIREMENTS OF SECTION NINE HUNDRED SIXTY  OF  THIS  ARTICLE  SHALL  BE
 DEEMED TO HAVE VIOLATED THIS ARTICLE.
   3.  ANY  CLIENT  WHO  ENTERS INTO AN AGREEMENT WITH A MODEL MANAGEMENT
 COMPANY OR CREATIVE MANAGEMENT COMPANY OR  PERSON  PURPORTING  TO  BE  A
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, WHO IS REQUIRED
 TO  REGISTER,  BUT WHOM THE CLIENT KNOWS OR SHOULD HAVE KNOWN HAS FAILED
 TO REGISTER, FAILED TO RENEW ITS REGISTRATION OR  HAD  ITS  REGISTRATION
 REVOKED  BY THE COMMISSIONER SHALL BE DEEMED TO HAVE VIOLATED THIS ARTI-
 CLE.
   4. (A) THE COMMISSIONER MAY  IMPOSE  A  CIVIL  PENALTY  UPON  A  MODEL
 MANAGEMENT  COMPANY  OR CREATIVE MANAGEMENT COMPANY, A PERSON PURPORTING
 TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, AND ALL
 PERSONS OR ENTITIES THAT OWN A FIVE PERCENT OR GREATER INTEREST  IN  THE
 MODEL  MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, THAT HAVE BEEN
 DEEMED TO HAVE VIOLATED THIS ARTICLE, FOR NO MORE  THAN  THREE  THOUSAND
 DOLLARS  FOR  THE  INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND
 DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   (B) THE COMMISSIONER MAY  IMPOSE  A  CIVIL  PENALTY  UPON  ANY  CLIENT
 DESCRIBED  IN  SUBDIVISION THREE OF THIS SECTION THAT HAS BEEN DEEMED TO
 HAVE VIOLATED THIS ARTICLE, FOR NO MORE THAN THREE THOUSAND DOLLARS  FOR
 THE  INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND DOLLARS FOR A
 SECOND OR SUBSEQUENT VIOLATION.
   (C) THE ORDER IMPOSING SUCH CIVIL PENALTY MAY BE SERVED PERSONALLY  OR
 BY  CERTIFIED MAIL AT THE LAST KNOWN MAILING ADDRESS OF THE PERSON BEING
 SERVED. SUCH ORDER SHALL BE IN WRITING AND SHALL DESCRIBE THE NATURE  OF
 THE  VIOLATION,  INCLUDING  REFERENCE  TO THE PROVISIONS OF SUBDIVISIONS
 ONE, TWO AND THREE OF THIS SECTION ALLEGED TO HAVE BEEN VIOLATED.
   5. AN ORDER ISSUED UNDER THIS SECTION SHALL BE FINAL AND  NOT  SUBJECT
 TO  REVIEW  BY  ANY  COURT  OR  AGENCY  UNLESS REVIEW IS HAD PURSUANT TO
 SECTION ONE HUNDRED ONE OF THIS CHAPTER. PROVIDED THAT NO PROCEEDING FOR
 ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN
 BE PENDING AND THE TIME FOR INITIATION OF  SUCH  PROCEEDING  SHALL  HAVE
 EXPIRED,  THE  COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY
 WHERE THE PERSON AGAINST WHOM THE PENALTY HAS BEEN IMPOSED HAS  A  PLACE
 OF  BUSINESS THE ORDER OF THE COMMISSIONER OR THE DECISION OF THE INDUS-
 TRIAL BOARD OF APPEALS CONTAINING THE AMOUNT OF THE CIVIL  PENALTY.  THE
 FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF
 A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECI-
 SION  MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE SAME
 MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE  CIVIL  PRACTICE
 LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
   6.  IF  ANY MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR
 PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY OR  CREATIVE  MANAGE-
 A. 9762--A                          8
 
 MENT  COMPANY SHALL HAVE FAILED TO COMPLY WITHIN TWENTY DAYS OF AN ORDER
 BY THE COMMISSIONER TO REGISTER OR RENEW REGISTRATION, THE  COMMISSIONER
 MAY  SEEK  TO ENJOIN SUCH UNLAWFUL ACTIVITY, PURSUANT TO THE CIVIL PRAC-
 TICE LAW AND RULES.
   7.  THE  INTENTIONAL FAILURE OF A MODEL MANAGEMENT COMPANY OR CREATIVE
 MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY
 OR CREATIVE MANAGEMENT COMPANY TO COMPLY WITH THE REGISTRATION  REQUIRE-
 MENTS  OF  SECTION NINE HUNDRED SIXTY OF THIS ARTICLE SHALL BE A CLASS B
 MISDEMEANOR. THE OFFICERS AND AGENTS OF A MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGE-
 MENT COMPANY OR CREATIVE MANAGEMENT COMPANY WHO  KNOWINGLY  PERMIT  SUCH
 MODEL  MANAGEMENT  COMPANY OR CREATIVE MANAGEMENT COMPANY TO VIOLATE THE
 REGISTRATION REQUIREMENTS OF SECTION NINE HUNDRED SIXTY OF THIS  ARTICLE
 SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
   8.  A MODEL OR CREATIVE MAY BRING AND MAINTAIN AN ACTION IN A COURT OF
 COMPETENT JURISDICTION TO ENFORCE THE  PROVISIONS  OF  THIS  ARTICLE.  A
 MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, PERSON PURPORT-
 ING  TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, OR
 CLIENT THAT VIOLATES THIS ARTICLE SHALL BE LIABLE FOR ACTUAL DAMAGES  TO
 ANY  MODEL  OR CREATIVE THAT HAS SUFFERED DAMAGES DUE TO SUCH VIOLATION,
 AND THE COURT MAY, IN ITS DISCRETION, AWARD PUNITIVE DAMAGES.
   9. THE ATTORNEY GENERAL MAY BRING AND MAINTAIN AN ACTION IN A COURT OF
 COMPETENT JURISDICTION TO ENFORCE THE PROVISIONS OF  THIS  ARTICLE  WHEN
 THE ATTORNEY GENERAL HAS DETERMINED THERE IS REASONABLE CAUSE TO BELIEVE
 THAT  A  MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, PERSON
 PURPORTING TO BE A  MODEL  MANAGEMENT  COMPANY  OR  CREATIVE  MANAGEMENT
 COMPANY,  OR  CLIENT  HAS ENGAGED IN A CONSISTENT PATTERN OR PRACTICE OF
 VIOLATING THIS ARTICLE.
   10. (A) A MODEL OR CREATIVE WHO IS AGGRIEVED BY A  VIOLATION  OF  THIS
 ARTICLE  MAY  FILE  A  COMPLAINT  WITH THE COMMISSIONER WITHIN TWO YEARS
 AFTER THE ACTS ALLEGED TO  HAVE  VIOLATED  THIS  ARTICLE  OCCURRED.  THE
 COMMISSIONER  SHALL  PRESCRIBE  THE  FORM  OF THE COMPLAINT, WHICH SHALL
 INCLUDE, AT A MINIMUM:
   (I) THE NAME AND MAILING ADDRESS OF THE MODEL OR CREATIVE AND  OF  THE
 PERSON OR ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE;
   (II)  A  STATEMENT  DETAILING  THE  TERMS  OF  THE MODEL OR CREATIVE'S
 CONTRACT, INCLUDING A COPY OF SUCH CONTRACT IF AVAILABLE;
   (III) THE MODEL OR CREATIVE'S OCCUPATION;
   (IV) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF THIS ARTICLE; AND
   (V) A SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE  COMPLAINT  ARE
 TRUE.
   (B)  (I)  WITHIN  TWENTY  DAYS  OF  RECEIVING  A  COMPLAINT ALLEGING A
 VIOLATION OF THIS ARTICLE, THE COMMISSIONER SHALL  SEND  THE  PERSON  OR
 ENTITY  NAMED  IN  THE  COMPLAINT  A  WRITTEN NOTICE OF COMPLAINT.   THE
 COMMISSIONER SHALL SEND SUCH NOTICE BY CERTIFIED MAIL AND SHALL BEAR THE
 COST OF SENDING SUCH NOTICE.
   (II) THE NOTICE REQUIRED BY THIS PARAGRAPH SHALL:
   (1) INFORM THE  PERSON  OR  ENTITY  NAMED  IN  THE  COMPLAINT  THAT  A
 COMPLAINT HAS BEEN FILED ALLEGING VIOLATIONS OF THIS ARTICLE;
   (2)  DETAIL  THE  REMEDIES  AVAILABLE  TO  A  MODEL  OR  CREATIVE  FOR
 VIOLATIONS OF SAID  ARTICLE  BY  THE  PERSON  OR  ENTITY  NAMED  IN  THE
 COMPLAINT;
   (3) INCLUDE A COPY OF THE COMPLAINT; AND
   (4) INFORM THE PERSON OR ENTITY NAMED IN THE COMPLAINT THAT FAILURE TO
 RESPOND  TO  THE  COMPLAINT  WILL CREATE A REBUTTABLE PRESUMPTION IN ANY
 A. 9762--A                          9
 
 CIVIL ACTION COMMENCED PURSUANT TO THIS  ARTICLE  THAT  SUCH  PERSON  OR
 ENTITY COMMITTED THE VIOLATIONS ALLEGED IN THE COMPLAINT.
   (C)  WITHIN  TWENTY  DAYS  OF  RECEIVING  THE NOTICE OF COMPLAINT, THE
 PERSON OR ENTITY IDENTIFIED IN THE COMPLAINT SHALL SEND THE COMMISSIONER
 ONE OF THE FOLLOWING:
   (I) A WRITTEN STATEMENT THAT THE MODEL OR CREATIVE HAS  BEEN  PAID  IN
 FULL AND PROOF OF SUCH PAYMENT; OR
   (II)  A WRITTEN STATEMENT THAT THE MODEL OR CREATIVE HAS NOT BEEN PAID
 IN FULL AND THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
   (D) (I) WITHIN TWENTY DAYS OF  RECEIVING  THE  WRITTEN  RESPONSE,  THE
 COMMISSIONER SHALL SEND THE MODEL OR CREATIVE A COPY OF:
   (1) THE RESPONSE;
   (2) ANY ENCLOSURES SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
   (3)  MATERIALS INFORMING THE MODEL OR CREATIVE THAT THE MODEL OR CREA-
 TIVE MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION; AND
   (4) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT.
   (II) IF THE COMMISSIONER RECEIVES NO RESPONSE FROM THE PERSON OR ENTI-
 TY ALLEGED TO HAVE VIOLATED THIS ARTICLE  TO  THE  NOTICE  OF  COMPLAINT
 WITHIN  THE  TIME  PROVIDED  BY THIS SUBDIVISION, THE COMMISSIONER SHALL
 MAIL A NOTICE OF NON-RESPONSE TO BOTH THE  MODEL  OR  CREATIVE  AND  THE
 PERSON  OR  ENTITY  NAMED  IN  THE  COMPLAINT  BY REGULAR MAIL AND SHALL
 INCLUDE WITH SUCH NOTICE PROOF THAT THE COMMISSIONER  PREVIOUSLY  MAILED
 THE  NOTICE  OF COMPLAINT TO THE PERSON OR ENTITY NAMED IN THE COMPLAINT
 BY CERTIFIED MAIL.  UPON SATISFYING THE REQUIREMENTS OF THIS  PARAGRAPH,
 THE COMMISSIONER MAY CLOSE THE CASE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.

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Assembly Bill A9762

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-A9762 - Details

2021-A9762 - Summary

2021-A9762 - Bill Text download pdf

co-Sponsors

2021-A9762A (ACTIVE) - Details

2021-A9762A (ACTIVE) - Summary

2021-A9762A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9762

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Sponsored By

REYES

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Anna Kelles

2021-A9762 - Details

2021-A9762 - Summary

2021-A9762 - Bill Text download pdf

co-Sponsors

Anna Kelles

2021-A9762A (ACTIVE) - Details

2021-A9762A (ACTIVE) - Summary

2021-A9762A (ACTIVE) - Bill Text download pdf

Comments