Ch. 247                            MARVIN MANDEL, Governor                                623

162.

"Employment agency" means any individual, partnership, association,
corporation, contractor or subcontractor who, for a fee, procures or offers or
attempts to procure employees for persons seeking the service of employees, or
employment for persons, seeking employment. Theatrical employment agencies, as
defined following, shall be within the purview of this subtitle. "Theatrical
employment agency" means any individual, partnership, association, corporation,
contractor or subcontractor who procures or attempts to procure 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 or exhibitions or performances, but such
term does not include the business of managing such entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where such
business only incidentally involves the seeking of employment therefor. "VISA
SERVICE EMPLOYMENT AGENCY" MEANS ANY INDIVIDUAL,
PARTNERSHIP, ASSOCIATION, CORPORATION, CONTRACTOR, OR
SUBCONTRACTOR WHO. FOR A FEE, PROCURES, OFFERS, OR
ATTEMPTS TO PROCURE ALIEN LABOR CERTIFICATIONS AND
IMMIGRANT VISAS FOR INDIVIDUALS, AND WHO EITHER
DIRECTLY OR INDIRECTLY PARTICIPATE IN ANY MANNER IN THE
RECRUITMENT OR SUPPLY OF ANY PERSONS WHO RESIDE
OUTSIDE OF THE CONTINENTAL UNITED STATES FOR
EMPLOYMENT WITHIN THE CONTINENTAL UNITED STATES. THE
DEFINITION OF VISA SERVICE EMPLOYMENT AGENCY DOES NOT
INCLUDE ATTORNEYS AT LAW DIRECTLY ENGAGING IN THE
PRACTICE OF PROCURING IMMIGRANT VISAS. Bona fide educational,
religious, charitable, fraternal, and benevolent organizations in which no fee,
commission, or other charge is made for services rendered other than the ordinary
membership dues, bona fide labor organizations undertaking to secure or securing
work for their own members, and bona fide employers' organizations undertaking
to secure or securing help for their own members are not subject to this subtitle.
"Employment agency" shall not include any person conducting a business which
consists of employing individuals directly for the purpose of furnishing part-time or
temporary help to others.

167.

(g) Charge any applicant a registration fee or collect in advance from any
applicant for employment any payment for service to be rendered to such applicant
in obtaining employment, EXCEPT THAT THE COMMISSIONER OF LABOR
AND INDUSTRY MAY PROMULGATE RULES AND REGULATIONS
PERMITTING VISA SERVICE EMPLOYMENT AGENCIES TO COLLECT
ADVANCE FEES, or

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 7, 1973.