NY State Senate Bill 2011-S499

Senate Bill S499

2011-2012 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

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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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to consumer protection
Mar 23, 2011	reported and committed to codes
Feb 22, 2011	notice of committee consideration - requested
Jan 05, 2011	referred to consumer protection

Votes

- Mar 23, 2011 - Consumer Protection Committee Vote
  S499
  
  6
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 23, 2011
      
      aye (6)
      
      Adams
      
      Ball
      
      Hassell-Thompson
      
      Huntley
      
      O'Mara
      
      Squadron
      
      nay (4)
      
      Fuschillo
      
      Little
      
      Marcellino
      
      Zeldin

co-Sponsors

2011-S499 (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
2013-2014: S23
2015-2016: S168
2017-2018: S4944, S7387

2011-S499 (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.

2011-S499 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S499               REVISED 12/30/11

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 3 or more violations in
5 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:
In the Jackson Heights, Queens area, constituents 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 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:
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.

2011-S499 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   499

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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 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.
                                                           LBD03236-01-1

S. 499                              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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Senate Bill S499

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Sponsored By

Ruben Diaz