NY State Senate Bill 2023-S9662

Current Bill Status - In Senate Committee Consumer Protection 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 16, 2024	referred to consumer protection

2023-S9662 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §171, Gen Bus L; amd §37.01, Arts & Cul L

2023-S9662 (ACTIVE) - Summary

Exempts attorneys from the definition of theatrical employment agency.

2023-S9662 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9662

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general business law and the arts and cultural
affairs law, in relation to exempting attorneys from the definition of
theatrical employment agency

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent attorneys who practice in the entertainment industries who
negotiate employment agreements from being exposed to civil and criminal
sanctions in the course of their everyday work.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 8 of section 171 of the
general business law by not including attorneys duly admitted to the
practice of law in New York state in the definition of a "theatrical
employment agency".

Section two of the bill amends subdivision 3 of section 37.01 of the
arts and cultural affairs law by not including attorneys duly admitted
to the practice of law in New York state in the definition of a "theat-
rical employment agency".

Section three of the bill sets forth the effective date.

 
JUSTIFICATION:

Current New York laws recognize the reality of the entertainment indus-
try and allows personal managers to find employment opportunities for
aspiring artists as a secondary function, even if their main responsi-
bility is to consult, advise, and oversee artists' career growth. Howev-
er, no such similar exemption exists for attorneys. In California, an
attorney was found to violate a talent agency license requirement for
negotiating an employment contract for an artist without a talent agency
license. Such a finding may be followed by New York administrative agen-
cies or courts to impose civil or criminal sanctions, or both, against
attorneys who may be found to violate the New York theatrical employment
agency statutes while negotiating employment agreements on behalf of
their artist clients. This legislation exempts attorneys from employment
agency license requirements that can subject them to criminal and civil
penalties while they perform their every day work.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9662 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9662
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business  law  and  the  arts  and  cultural
   affairs law, in relation to exempting attorneys from the definition of
   theatrical employment agency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section 171 of the general  business  law,
 as  amended  by  chapter  460 of the laws of 2012, is amended to read as
 follows:
   8. "Theatrical employment agency" means  any  person  (as  defined  in
 subdivision  seven  of this section) who procures or attempts to procure
 employment or engagements for an artist, but such term does not  include
 the business of managing entertainments, exhibitions or performances, or
 the  artists  or  attractions constituting the same, where such business
 only incidentally involves the seeking of employment therefor,  PROVIDED
 FURTHER,  SUCH  TERM  SHALL  NOT  INCLUDE ATTORNEYS DULY ADMITTED TO THE
 PRACTICE OF LAW IN NEW YORK STATE.
   § 2. Subdivision 3 of section 37.01 of the arts and  cultural  affairs
 law,  as  amended by chapter 460 of the laws of 2012, is amended to read
 as follows:
   3. "Theatrical employment agency" means  any  person  (as  defined  in
 subdivision  one  hereof) who procures or attempts to procure employment
 or engagements for an artist, but such term does not include  the  busi-
 ness  of  managing  entertainments,  exhibitions or performances, or the
 artists or attractions constituting the same, where such  business  only
 incidentally  involves  the  seeking  of  employment  therefor, PROVIDED
 FURTHER, SUCH TERM SHALL NOT INCLUDE  ATTORNEYS  DULY  ADMITTED  TO  THE
 PRACTICE OF LAW IN NEW YORK STATE.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15690-01-4

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Senate Bill S9662

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S9662 (ACTIVE) - Details

2023-S9662 (ACTIVE) - Summary

2023-S9662 (ACTIVE) - Sponsor Memo

2023-S9662 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9662

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S9662 (ACTIVE) - Details

2023-S9662 (ACTIVE) - Summary

2023-S9662 (ACTIVE) - Sponsor Memo

2023-S9662 (ACTIVE) - Bill Text download pdf

Comments