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S01317 Summary:

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S01317 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1317
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2015
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the general business law, in relation to fees charged by
          employment agencies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 10 of section 185 of the general business law,
     2  as added by chapter 501 of the laws of  2014,  is  amended  to  read  as
     3  follows:
     4    10. Notwithstanding any other provision of law to the contrary, no fee
     5  may be charged or collected for services rendered by an employment agen-
     6  cy  not  licensed  pursuant  to  section one hundred seventy-two of this
     7  article at the time such  services  were  rendered.  [Any  agreement  or
     8  contract with an unlicensed employment agency shall render the agreement
     9  or  contract  void  in any action to collect a fee, at the option of the
    10  defendant to such action.] In an action to  collect  a  fee,  the  court
    11  shall  void  all or any part of an agreement or contract with an employ-
    12  ment agency that did not have a valid license at the time  the  contract
    13  was entered into or services were rendered; however, such contract shall
    14  not  be  considered  void  if  a  court  finds a good faith effort by an
    15  employment agency to maintain its  license  despite  clerical  error  or
    16  delay  by  the  department  of  labor or the New York city department of
    17  consumer affairs.
    18    § 2. This act shall take effect immediately and  shall  be  deemed  to
    19  have  been  in full force and effect on the same date chapter 501 of the
    20  laws of 2014 took effect.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07411-01-5