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A02500 Summary:

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A02500 Floor Votes:

A02500 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2500
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2009
                                       ___________
 
        Introduced  by M. of A. PRETLOW, HOOPER, AUBRY, GALEF -- Multi-Sponsored
          by -- M. of A.    BRENNAN,  SEMINERIO,  WEINSTEIN  --  read  once  and
          referred to the Committee on Judiciary
 
        AN ACT to amend the general obligations law, in relation to money depos-
          ited  as security in certain cases and enforcement of trust provisions
          by attorney general
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 7-109 of the general obligations law, as added by
     2  chapter 341 of the laws of 1973 and renumbered by  chapter  917  of  the
     3  laws of 1984, is amended to read as follows:
     4    §  7-109.    Commencement  of  a  proceeding or action by the attorney
     5  general to compel compliance.   If it appears to  the  attorney  general
     6  that  any person, association, or corporation has violated or is violat-
     7  ing any of the provisions of this title [one of this article], an action
     8  or proceeding may be instituted by the attorney general in the  name  of
     9  the  people  of  the  state  of  New York to compel compliance with such
    10  provisions and enjoin any violation or threatened violation thereof.

    11    In connection with the institution of any such action  or  proceeding,
    12  the  attorney  general  is  authorized to take proof and make a determi-
    13  nation of the relevant facts and to issue subpoenas in  accordance  with
    14  the civil practice law and rules.
    15    If in such action or proceeding, the court finds that a respondent has
    16  committed  such  violation  the court in its discretion may award to the
    17  attorney general a sum not exceeding two thousand dollars  with  respect
    18  to each such respondent as costs of investigation.
    19    §  2.   This act shall take effect immediately and shall apply only to
    20  actions or proceedings commenced on or after its effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD01353-01-9