Bill Text: NY S07387 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-11 - REFERRED TO CONSUMER PROTECTION [S07387 Detail]

Download: New_York-2017-S07387-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7387
                    IN SENATE
                                    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:
     1    Section 1. Section 190 of the general  business  law,  as  amended  by
     2  chapter 519 of the laws of 2016, is amended to read as follows:
     3    § 190. Penalties for violations. Any person who violates and the offi-
     4  cers  of  a  corporation and stockholders holding ten percent or more of
     5  the stock of a corporation which is not publicly traded,  who  knowingly
     6  permit the corporation to violate[ sections one hundred seventy-two, one
     7  hundred seventy-three, one hundred seventy-six, one hundred eighty-four,
     8  one  hundred eighty-four-a, one hundred eighty-five, one hundred eighty-
     9  five-a,  one  hundred  eighty-six,  or  one  hundred  eighty-seven]  any
    10  provision  of  this  article  [shall be guilty of a misdemeanor and upon
    11  conviction] shall be subject to a fine [not to exceed two  thousand]  of
    12  not  more  than five hundred dollars [per violation, or imprisonment for
    13  not more than one year, or both, by any court of competent jurisdiction.
    14  The violation of any other provision of this article shall be punishable
    15  by a fine not to exceed five hundred dollars  or  imprisonment  for  not
    16  more  than thirty days] for each day such violation continues; provided,
    17  however, that any such person or officer who has been convicted of three
    18  or more violations of this article within  any  period  of  five  years,
    19  shall  be  guilty  of a class A misdemeanor.  Criminal proceedings based
    20  upon violations of these sections shall be instituted by the commission-
    21  er and may be instituted by any persons aggrieved by such violations.
    22    § 2. Section 193 of the general business law, as  amended  by  chapter
    23  617 of the laws of 1988, is amended to read as follows:
    24    § 193. Penalties for violation. Any person violating the provisions of
    25  section  one  hundred  ninety-two  of this article [shall be guilty of a
    26  class A misdemeanor and] shall be subject to a fine [not to  exceed  one
    27  thousand] of not more than five hundred dollars [or imprisonment for not
    28  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
     1  provided, however, that any such person who has been convicted of  three
     2  or  more  violations  of  this  article within any period of five years,
     3  shall be guilty of a class A misdemeanor.
     4    Criminal  proceedings  based  upon violations may be instituted by the
     5  commissioner or may be  instituted  by  any  person  aggrieved  by  such
     6  violation.
     7    §  3.  This  act shall take effect on the thirtieth day after it shall
     8  have become a law.