Bill S23-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 23 2013-2014 Regular Sessions IN 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:
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus