Senate Bill S4029

2023-2024 Legislative Session

Relates to establishing certain practices relating to models

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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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2023-S4029 (ACTIVE) - Details

See Assembly Version of this Bill:
A2166
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §296-e, amd §292, Exec L; add §202-m, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7607, A8752
2019-2020: S4144, A313
2021-2022: S6681, A460

2023-S4029 (ACTIVE) - Summary

Relates to establishing unlawful discriminatory practices relating to models; requires models to be informed of what constitutes an unlawful discriminatory practice and how to file a complaint; requires modeling entities to provide adult models with educational materials regarding nutrition and eating disorders.

2023-S4029 (ACTIVE) - Sponsor Memo

2023-S4029 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4029
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to  amend  the  executive law and the labor law, in relation to
   establishing certain practices relating to models

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 296-e
 to read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO MODELS.  1.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A. "CLIENT" MEANS A RETAIL STORE, A MANUFACTURER, A CLOTHING DESIGNER,
 AN ADVERTISING AGENCY, A PHOTOGRAPHER, A PUBLISHING COMPANY OR ANY OTHER
 SUCH PERSON OR ENTITY THAT RECEIVES MODELING SERVICES FROM A MODEL;
   B. "HIRING PARTY" MEANS ANY PERSON OR ENTITY WHO EXERCISES ANY FORM OF
 CONTROL  OVER  A  MODEL'S SERVICES, INCLUDING MODELING ENTITIES, BRANDS,
 AND OTHER CLIENTS, OTHER THAN (1) THE UNITED STATES GOVERNMENT, (2)  THE
 STATE  OF  NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY, AUTHORITY
 OR OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE AND THE  JUDICIARY,
 (3) A CITY GOVERNMENT, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY OR OTHER
 BODY OF THAT CITY, (4) ANY OTHER LOCAL GOVERNMENT, MUNICIPALITY OR COUN-
 TY OR (5) ANY FOREIGN GOVERNMENT.
   C.  "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF HIS OR HER STATUS AS AN
 INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES FOR A
 CLIENT OR CONSENTS IN WRITING TO THE TRANSFER OF HIS OR HER LEGAL  RIGHT
 TO THE USE OF HIS OR HER NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTIS-
 ING  PURPOSES  OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A CLIENT OR WHO
 PROVIDES SHOWROOM OR FIT MODELING SERVICES;
   D. "MODELING ENTITY" MEANS A MODELING AGENCY, MODEL MANAGEMENT  COMPA-
 NY,  EMPLOYMENT  AGENCY, AND/OR ANY PERSON OR ENTITY THAT: (1) IS IN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04925-01-3
              

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