S23-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S23-2013 Memo

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.

S23-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          23
 2013-2014 Regular Sessions
 I N  SENATE
 (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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