All Roll Calls
Yes: 190 • No: 17
Sponsored By: Karines Reyes (Democratic)
Signed by Governor
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11 provisions identified: 6 benefits, 3 costs, 2 mixed.
Management companies cannot subtract interest, fees, or expenses from model pay except the agreed contract commission and allowed advances. For an allowed expense paid on a model’s behalf, the company must obtain written approval before deducting it. The company must clearly explain how it calculates the charge. Each quarter, it must provide available records needed to check whether each charge is valid. Approval does not make an otherwise banned charge legal.
Models can sue management groups, as well as companies, for harm from violations of management duties or prohibited-practice rules. Recovery includes actual damages, reasonable legal fees, and costs, plus extra damages up to 100% of actual damages. For willful violations, extra damages can reach 300%; groups avoid extra damages by proving a good-faith belief in compliance. Models have six years to file department complaints, and named parties must answer within 20 days after receiving notice. Without a timely answer, the commissioner determines that the alleged violations occurred and notifies both parties.
Management companies and clients must obtain written consent before creating or using a model’s digital replica. A digital replica is a computer-generated or AI-enhanced likeness. Consent must state the scope, purpose, rate of pay, and duration of use. Management companies must keep consent separate from the representation agreement. Clients must obtain consent that is clear and easy to notice.
Management companies must check that jobs they arrange for represented models do not pose unreasonable danger. Clients may offer models work only when it does not pose an unreasonable risk of danger. Both must maintain policies addressing abuse, harassment, and inappropriate behavior that meet or exceed existing legal minimums. Management companies must also communicate their policies to represented models.
Management companies must give represented models a written deal memo as soon as reasonably practical before work begins. It must record the agreement, including the pay the model accepted. Companies must provide the final client agreement in the model’s requested language. They must make best efforts to obtain the model’s signature before booking. The final agreement must reach the model within seven calendar days after the work ends.
The commissioner can fine management companies, management groups, and clients up to $3,000 for a first violation. A second or later violation can bring a fine up to $5,000. The Attorney General can bring enforcement cases against groups and clients, as well as management companies. These cases require reasonable cause to believe the business committed repeated fraudulent or illegal acts, or showed persistent fraud or illegality.
Clients still must provide liability insurance to cover and safeguard models’ health and safety. The law removes the express requirement that insurance be provided at “adequate levels.” It does not set a replacement coverage amount.
Management companies and groups pay $500 to register with five or fewer employees, or $700 with more than five. Payment is due before the registration certificate is issued. Half the fee is returned when an application is denied or withdrawn. Applicants with more than five employees must also provide a $50,000 surety bond when applying. The bond applies when employees work from New York or perform work related to models in New York.
Covered model management companies and groups must register, submitting initial applications within one year after the article takes effect. Out-of-state firms can request an exemption only with equally strict home-state licensing, no New York office, and no New York client solicitation. Applications require business, tax-identification, operating-name, and ownership details, including qualifying former owners from the past five years. Ownership reporting thresholds are 5% for privately held applicants and 50% for publicly traded applicants. Registrations and exemptions last two calendar years; renewal applications are due at least 90 days before expiration. Groups violate the law by failing registration rules or missing a commissioner’s registration-order deadline.
Clients, management companies, and management groups cannot retaliate against models for exercising rights under the law. This includes complaints to those businesses, the commissioner, or the Attorney General. The law also removes a separate ban covering filed or attempted complaints and refusal or cancellation of castings or bookings. That removed rule expressly covered reasonable, good-faith concerns about actual or potential violations. The broader protection for exercising legal rights remains enforceable.
The law covers modeling services such as photoshoots, fittings, castings, and use of digital likenesses, regardless of employment classification. A management group means two or more management companies majority-owned by the same parent, entity, or people. Directly hiring an unrepresented model for a campaign or shoot does not count as model managing. That exclusion concerns management rules, not a blanket exemption from client duties. The act takes effect 180 days after becoming law, with registration rules starting one year later.
Karines Reyes
Democratic • House
William Colton
Democratic • House
All Roll Calls
Yes: 190 • No: 17
Senate vote • 2/10/2025
FLOOR Vote
Yes: 45 • No: 16
House vote • 2/4/2025
Assembly floor vote
Yes: 145 • No: 1
SIGNED CHAP.66
DELIVERED TO GOVERNOR
RETURNED TO ASSEMBLY
PASSED SENATE
3RD READING CAL.97
SUBSTITUTED FOR S823
REFERRED TO RULES
DELIVERED TO SENATE
PASSED ASSEMBLY
ORDERED TO THIRD READING RULES CAL.81
RULES REPORT CAL.81
REPORTED
REPORTED REFERRED TO RULES
REPORTED REFERRED TO CODES
REFERRED TO LABOR
Original
1/15/2025
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