Assembly Bill A2201

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

                                  2201

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

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

AN  ACT  to  amend  the  general  business law, in relation to technical
  amendments relating to employment agencies

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

  Section  1.  Subdivision 1 of section 173 of the general business law,
as amended by chapter 617 of the laws of 1988, is  amended  to  read  as
follows:
  1.   An application for such license shall be made to the commissioner
of labor, except that if the employment agency is to be conducted in the
city of New York the application for such license shall be made  to  the
commissioner of consumer affairs of such city.  If the employment agency
is  owned  by an individual such application shall be made by such indi-
vidual; if it is owned by a partnership such application shall  be  made
by  all  partners;  if  it  is  owned by an association or society, such
application shall be made by the president  and  treasurer  thereof,  by
whatever title designated; if it is owned by a corporation, THE STOCK OF
WHICH  IS  PUBLICLY  TRADED,  such  application shall be made by all its
officers [and] PROVIDED, HOWEVER, if the stock of the corporation is NOT
publicly traded, SUCH APPLICATION SHALL BE MADE BY ALL ITS OFFICERS  AND
by  all  stockholders  holding  ten percent or more of the stock of such
corporation.  A conformed or photostatic copy of the minutes showing the
election of such officers shall be attached to such application.
  If the applicant will conduct business under a trade name  or  if  the
applicant  is  a  partnership,  the  application  for a license shall be
accompanied by a copy of the trade name or partnership certificate  duly
certified by the clerk of the county in whose office said certificate is
filed.  Such trade name shall not be similar or identical to that of any
existing licensed agency.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06252-01-1

              

A. 2201                             2

  S  2.  Subdivision  4  of  section 181 of the general business law, as
amended by chapter 479 of the laws  of  1963,  is  amended  to  read  as
follows:
  4.  The  original or duplicate-original copy of each such contract and
receipt shall be retained by every employment  agency  for  three  years
following  the  date on which the contract is executed or the payment is
made, and shall be made available for inspection by the commissioner  or
his duly authorized agent or inspector, upon his request.  Notwithstand-
ing  the  other provisions of such contracts, the monetary consideration
to be paid by the applicant shall not exceed the APPLICABLE fee  ceiling
provided  in  [subdivision  eight of] section one hundred eighty-five OF
THIS ARTICLE.
  S 3. 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
officers], OFFICER of a corporation, REGARDLESS OF WHETHER THE STOCK  OF
THE  CORPORATION IS PUBLICLY TRADED, and [stockholders] STOCKHOLDER OF A
CORPORATION holding ten percent or more of the stock  of  a  corporation
which  is  not  publicly  traded,  who  VIOLATES,  OR knowingly [permit]
PERMITS 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 of this
article shall be guilty of a misdemeanor and upon  conviction  shall  be
subject  to  a  fine not to exceed one thousand dollars, or imprisonment
for not more than one year, or both, by any court of competent jurisdic-
tion.  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 4. This act shall take effect immediately.