S T A T E   O F   N E W   Y O R K
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                                  7587

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced  by M. of A. PERALTA -- read once and referred to the Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general  business  law,  in  relation  to  the  fine
  imposed for certain violations relating to employment agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the general  business  law,  as  amended  by
chapter 632 of the laws of 1975, is amended to read as follows:
  S 190. Penalties for violations. Any person who violates and the offi-
cers  of  a  corporation and stockholders holding ten percent or more of
the stock of a corporation which is not publicly traded,  who  knowingly
permit the corporation to violate [sections one hundred seventy-two, one
hundred seventy-three, one hundred seventy-six, one hundred eighty-four,
one  hundred eighty-four-a, one hundred eighty-five, one hundred eighty-
five-a,  one  hundred  eighty-six,  or  one  hundred  eighty-seven]  ANY
PROVISION  of  this  article  [shall be guilty of a misdemeanor and upon
conviction] shall be subject to a fine [not to exceed one  thousand]  OF
NOT  MORE  THAN FIVE HUNDRED dollars[, or imprisonment for not more than
one year, or both, by any court of competent jurisdiction] FOR EACH  DAY
SUCH  VIOLATION  CONTINUES;  PROVIDED,  HOWEVER, THAT ANY SUCH PERSON OR
OFFICER WHO HAS BEEN CONVICTED OF THREE OR MORE VIOLATIONS OF THIS ARTI-
CLE WITHIN ANY PERIOD OF FIVE YEARS, SHALL BE GUILTY OF A CLASS A MISDE-
MEANOR. [The violation of any other provision of this article  shall  be
punishable  by  a fine not to exceed one hundred dollars or imprisonment
for  not  more  than  thirty  days.]  Criminal  proceedings  based  upon
violations of these sections shall be instituted by the commissioner and
may be instituted by any persons aggrieved by such violations.
  S  2.  Section  193 of the general business law, as amended by chapter
617 of the laws of 1988, is amended to read as follows:
  S 193. Penalties for violation. Any person violating the provisions of
section one hundred ninety-two of this article [shall  be  guilty  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-02-9
              

A. 7587                             2

class  A  misdemeanor and] shall be subject to a fine [not to exceed one
thousand] OF NOT MORE THAN FIVE HUNDRED dollars [or imprisonment for not
more than one year or both]  FOR  EACH  DAY  SUCH  VIOLATION  CONTINUES;
PROVIDED,  HOWEVER, THAT ANY SUCH PERSON WHO HAS BEEN CONVICTED OF THREE
OR MORE VIOLATIONS OF THIS ARTICLE WITHIN  ANY  PERIOD  OF  FIVE  YEARS,
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  Criminal  proceedings  based  upon violations may be instituted by the
commissioner or may be  instituted  by  any  person  aggrieved  by  such
violation.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.