S-3126.1 _______________________________________________
SENATE BILL 6263
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Prentice, Kohl‑Welles, Keiser and Gardner
Read first time 01/14/2002. Referred to Committee on Labor, Commerce & Financial Institutions.
AN ACT Relating to contracts for modeling and theatrical agencies; amending RCW 19.31.020; and adding a new section to chapter 19.31 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 19.31.020 and 1998 c 228 s 1 are each amended to read as follows:
((Unless a different
meaning is clearly required by the context, the following words and phrases, as
hereinafter used in this chapter, shall have the following meanings:))
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Employment
agency" is synonymous with "agency" and ((shall)) means
any business in which any part of the business gross or net income is derived
from a fee received from applicants, and in which any of the following
activities are engaged in:
(a) The offering, promising, procuring, or attempting to procure employment for applicants;
(b) The giving of information regarding where and from whom employment may be obtained; or
(c) The sale of a list of jobs or a list of names of persons or companies accepting applications for specific positions, in any form.
In addition, the
term "employment agency" ((shall)) means and includes
any person, bureau, employment listing service, employment directory,
organization, or school which for profit, by advertisement or otherwise,
offers, as one of its main objects or purposes, to procure employment for any
person who pays for its services, or which collects tuition, or charges for
service of any nature, where the main object of the person paying the same is
to secure employment. It also includes any business that provides a resume to
an individual and provides that person with a list of names to whom the resume
may be sent or provides that person with preaddressed envelopes to be mailed by
the individual or by the business itself, if the list of names or the
preaddressed envelopes have been compiled and are represented by the business
as having job openings. The term "employment agency" ((shall))
does not include labor union organizations, temporary service
contractors, proprietary schools operating within the scope of activities for
which the school is licensed under chapter 28C.10 RCW, nonprofit schools and
colleges, career guidance and counseling services, employment directories that
are sold in a manner that allows the applicant to examine the directory before
purchase, theatrical agencies, modeling agencies, farm labor
contractors, or the Washington state employment agency.
(2) "Temporary
service contractors" ((shall)) means any person, firm,
association, or corporation conducting a business which consists of employing
individuals directly for the purpose of furnishing such individuals on a part
time or temporary help basis to others.
(3) "Modeling agency" means a person, firm, association, or corporation engaged in the business of conducting an agency, bureau, office, or other place for the purpose of procuring, offering, promising, or attempting to provide engagements for persons who want to procure employment as models, or giving information as to where these engagements may be procured or provided.
(4)
"Theatrical agency" means ((any person who, for a fee or
commission, procures on behalf of an individual or individuals, employment or
engagements for circus, vaudeville, the variety field, the legitimate theater,
motion pictures, radio, television, phonograph recordings, transcriptions,
opera, concert, ballet, modeling, or other entertainments, exhibitions, or
performances. The term "theatrical agency" does not include any person
charging an applicant a fee prior to or in advance of:
(a) Procuring
employment for the applicant;
(b) Giving or
providing the applicant information regarding where or from whom employment may
be obtained;
(c) Allowing or
requiring the applicant to participate in any instructional class, audition, or
career guidance or counseling; or
(d) Allowing the
applicant to be eligible for employment through the person.
(4))) a person, firm, association, or corporation
conducting an agency, bureau, office, or other place for the purpose of
procuring, offering, promising, or attempting to provide engagements for
persons who want employment in the following occupations: Circus, theater,
motion pictures, radio, television, studio recordings, transcriptions, opera,
concert, ballet, or other entertainments, exhibitions, or performances; or of
giving information as to where these engagements may be procured or provided.
(5) "Farm labor contractor" means any person, or his or her agent, who, for a fee, employs workers to render personal services in connection with the production of any farm products, to, for, or under the direction of an employer engaged in the growing, producing, or harvesting of farm products, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing, producing, or harvesting of farm products or who provides in connection with recruiting, soliciting, supplying, or hiring workers engaged in the growing, producing, or harvesting of farm products, one or more of the following services: Furnishes board, lodging, or transportation for such workers, supervises, times, checks, counts, sizes, or otherwise directs or measures their work; or disburses wage payments to such persons.
(((5))) (6)
"Employer" means any person, firm, corporation, partnership, or
association employing or seeking to enter into an arrangement to employ a
person through the medium or service of an employment agency.
(((6))) (7)
"Applicant", except when used to describe an applicant for an
employment agency license, means any person, whether employed or unemployed,
seeking or entering into any arrangement for his or her employment or
change of his or her employment through the medium or service of an
employment agency.
(((7))) (8)
"Person" includes any individual, firm, corporation, partnership,
association, company, society, manager, contractor, subcontractor, bureau,
agency, service, office, or an agent or employee of any of the foregoing.
(((8))) (9)
"Director" ((shall)) means the director of licensing.
(((9))) (10)
"Resume" means a document of the applicant's employment history that
is approved, received, and paid for by the applicant.
(((10))) (11)
"Fee" means anything of value. The term includes money or other
valuable consideration or services or the promise of money or other valuable
consideration or services, received directly or indirectly by an employment
agency from a person seeking employment, in payment for the service.
(((11))) (12)
"Employment listing service" means any business operated by any
person that provides in any form, including written or verbal, lists of
specified positions of employment available with any employer other than itself
or that holds itself out to applicants as able to provide information about
specific positions of employment available with any employer other than itself,
and that charges a fee to the applicant for its services and does not set up
interviews or otherwise intercede between employer and applicant.
(((12))) (13)
"Employment directory" means any business operated by any person that
provides in any form, including written or verbal, lists of employers, does not
provide lists of specified positions of employment, that holds itself out to
applicants as able to provide information on employment in specific industries
or geographical areas, and that charges a fee to the applicant for its
services.
(((13))) (14)
"Career guidance and counseling service" means any person, firm,
association, or corporation conducting a business that engages in any of the
following activities:
(a) Career assessment, planning, or testing through individual counseling or group seminars, classes, or workshops;
(b) Skills analysis, resume writing, and preparation through individual counseling or group seminars, classes, or workshops;
(c) Training in job search or interviewing skills through individual counseling or group seminars, classes, or workshops: PROVIDED, That the career guidance and counseling service does not engage in any of the following activities:
(i) Contacts employers on behalf of an applicant or in any way intercedes between employer and applicant;
(ii) Provides information on specific job openings;
(iii) Holds itself out as able to provide referrals to specific companies or individuals who have specific job openings.
NEW SECTION. Sec. 2. A new section is added to chapter 19.31 RCW to read as follows:
If a modeling or theatrical agency charges a fee for a service, the agency must, before the service is provided to an applicant, provide each applicant with a written contract specifying all fees charged to the applicant. The contract must contain the following:
(1) The name, address, and telephone number of the agency;
(2) The date of the contract;
(3) The name of the applicant;
(4) The amount of the fee to be charged the applicant, the method of computation of the fee, and the time and method of payments; and
(5) A notice in eight-point bold face type or larger directly above the space reserved in the contract for the signature of the buyer. The caption "NOTICE TO APPLICANT‑-READ BEFORE SIGNING" must precede the body of the notice and must be in ten-point bold face type or larger. The notice must read as follows:
"This is a contract. If you accept the services provided by this agency, you will be liable for the payment of the fee as set out above. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."
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