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.