senate Bill S23

2013-2014 Legislative Session

Changes fine for violations by employment agencies to up to $500 a day and a class A misdemeanor for 3 or more violations in 5 years

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S23 - Bill Details

Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Amd ยงยง190 & 193, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S499
2009-2010: S5583

S23 - Bill Texts

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Changes fine for violations by employment agencies to up to $500 a day and a class A misdemeanor for 3 or more violations in 5 years.

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BILL NUMBER:S23

TITLE OF BILL:
An act
to amend the general business law, in relation to the fine imposed for
certain violations relating to employment agencies

PURPOSE:
Changes fines for violations by employment agencies to up to $500 a
day and establishes a class A misdemeanor for three or more
violations in five years.

SUMMARY OF PROVISIONS:
Section 1. Amends the General Business Law, section 190. Establishes a
class A misdemeanor for any person who has been convicted of three or
more violations of this article within any period of five years.

Section 2. Amends the General Business Law, section 193. Increases
fines up to $500 per day for any person who has been convicted of
three or more violations of this article within any period of five
years.

Section 3. Effective Date

EXISTING LAW:
General Business Law; Article 11, Employment Agencies; Sections 190,
Penalties for Violations and 193, Penalties for Violation; the
penalty for violating section 190 is punishable by a fine not to
exceed $100 or imprisonment for not more than thirty days; the
penalty for violating section 193 is a fine not to exceed $1,000 or
imprisonment for not more than one year or both.

JUSTIFICATION:
Throughout New York City, especially in low-income, minority
neighborhoods, people looking for work have become victims of
fraudulent and unlicensed employment agencies. The employment
agencies are illegally collecting from $100 to $150 fees up front and
not providing legitimate job leads. Job seekers are sent out to
pursue a job that does not exist and upon return are denied a refund.
Under the current General Business Law the penalties for a violation
is a $100 a day which is an affordable cost of doing business when
unsuspected customers are paying $100 or more per person for job
leads. This legislation will increase the fines to $500 a day and if
any person has been convicted of three or more violations within any
period of five years, shall be guilty of a class A misdemeanor.

LEGISLATIVE HISTORY:
2012: S.499 - Referred to Consumer Protection
2011: S.499 - Reported and Committed to Codes
2009-10: S.5583 - Referred to Codes/A.7587 - Enacting Clause
Stricken/A.10864 - Held for Consideration in Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the thirtieth day after it shall have
become a law.

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

                                   23

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00936-01-3

S. 23                               2

  S 193. Penalties for violation. Any person violating the provisions of
section one hundred ninety-two of this article [shall  be  guilty  of  a
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.

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