NY State Senate Bill 2017-S7387

Senate Bill S7387

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2018	referred to consumer protection

2017-S7387 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§190 & 193, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5583
2011-2012: S499
2013-2014: S23
2015-2016: S168

2017-S7387 (ACTIVE) - Summary

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.

2017-S7387 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7387

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the general business law, in relation
to the fine imposed for certain violations relating to employment agen-
cies

 
PURPOSE:

Establishes fines for violations by employment agencies of not more than
$500 per 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 neighbor-
hoods, people looking for work have become victims of fraudulent and
unlicensed employment agencies. The employment agencies are illegally
collecting from $100 to $150 fees upfront 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 $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
up 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:

2016: S.168 - REFERRED TO CONSUMER PROTECTION
2015: S.168 - REFERRED TO CONSUMER PROTECTION
2014: S.23 Referred to Codes
2013: S.23 Referred to Codes
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.

2017-S7387 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7387
 
                             I N  S E N A T E
 
                             January 11, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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 519 of the laws of 2016, is amended to read as follows:
   § 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 two  thousand]  OF
 NOT  MORE  THAN five hundred dollars [per violation, or imprisonment for
 not more than one year, or both, by any court of competent jurisdiction.
 The violation of any other provision of this article shall be punishable
 by a fine not to exceed five hundred dollars  or  imprisonment  for  not
 more  than thirty days] 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 ARTICLE WITHIN  ANY  PERIOD  OF  FIVE  YEARS,
 SHALL  BE  GUILTY  OF A CLASS A MISDEMEANOR.  Criminal proceedings based
 upon violations of these sections shall be instituted by the commission-
 er and may be instituted by any persons aggrieved by such violations.
   § 2. Section 193 of the general business law, as  amended  by  chapter
 617 of the laws of 1988, is amended to read as follows:
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07180-01-7

 S. 7387                             2
 
 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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