Gives the attorney general explicit authority to take proof, determine facts, and issue subpoenas pursuant to civil practice law and rules, in proceedings to compel compliance with title 1 of article 7 of the general obligations law relating to money held in trust in certain cases; requires money deposited as security to be held in trust in certain rental cases; authorizes court to award attorney general costs of investigation for maximum of $2,000 with respect to each named respondent.
STATE OF NEW YORK
________________________________________________________________________
2461
2009-2010 Regular Sessions
IN SENATE
February 20, 2009
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed 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
