S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8638--A
     Cal. No. 1290
 
                             I N  S E N A T E
 
                              March 23, 2022
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14365-08-2
 S. 8638--A                          2
 
 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.
   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
 S. 8638--A                          3
 
 BUT NOT LIMITED TO THE SCOPE OF WORK,  RATE  OF  PAY,  USAGES,  INCURRED
 EXPENSES, AND EXPECTATIONS OF THE MODEL OR CREATIVE.
   § 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.
 S. 8638--A                          4
 
   4. UPON APPLICATION FOR REGISTRATION, A MODEL  MANAGEMENT  COMPANY  OR
 CREATIVE  MANAGEMENT  COMPANY  OR  MODEL  MANAGEMENT  GROUP  OR CREATIVE
 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
 S. 8638--A                          5
 
 FIFTY-TWO-C OF THE CIVIL RIGHTS LAW, AS ADDED BY CHAPTER  THREE  HUNDRED
 FOUR OF THE LAWS OF TWO THOUSAND TWENTY;
   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;
 S. 8638--A                          6
 
   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-
 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.
 S. 8638--A                          7
 
   § 965. PROHIBITIONS ON CLIENTS. A CLIENT SHALL NOT ENGAGE IN DISCRIMI-
 NATION  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 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.
 S. 8638--A                          8
 
   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 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
 S. 8638--A                          9
 
   (4) INFORM THE PERSON OR ENTITY NAMED IN THE COMPLAINT THAT FAILURE TO
 RESPOND TO THE COMPLAINT WILL CREATE A  REBUTTABLE  PRESUMPTION  IN  ANY
 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.