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S08102 Summary:

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S08102 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8102
 
                    IN SENATE
 
                                      June 13, 2016
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- 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  employment
          agencies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph b of subdivision 2 of section 173 of the general
     2  business law, as added by chapter 632 of the laws of 1975, is amended to
     3  read as follows:
     4    b. The application for a license shall be accompanied  by  samples  or
     5  accurate  facsimiles  of  each  and every form which the applicant for a
     6  license will require applicants for  employment  to  execute,  and  such
     7  forms  must  be  approved  by  the  commissioner before a license may be
     8  issued. The commissioner shall approve any such forms which  fairly  and
     9  clearly  represent contractual terms and conditions between the proposed
    10  employment agency and applicants for employment, such as  are  permitted
    11  by  this  article.  The  commissioner  shall  determine  in  his  or her
    12  discretion, which languages to provide, in addition to English, based on
    13  the size of the state population that speaks each language and any other
    14  factor the commissioner deems relevant. All forms shall be  made  avail-
    15  able  to  employment  agencies  in  such  a  manner as determined by the
    16  commissioner.
    17    § 2.  Subdivisions 1 and 2 of section 174 of the general business law,
    18  subdivision 1 as amended by chapter 164 of the laws of 2003, subdivision
    19  2 as amended by chapter 632 of the laws of 1975, are amended to read  as
    20  follows:
    21    1.  Upon the receipt of an application for a license, the commissioner
    22  shall cause the name and address of the applicant, the name under  which
    23  the  employment  agency is to be conducted, and the street and number of
    24  the place where the agency is to be  conducted,  to  be  posted  on  the
    25  commissioner's  website, as well as in a conspicuous place in his public
    26  office. Such agency shall be used exclusively as  an  employment  agency
    27  and  for  no  other purpose, except as hereinafter provided. The commis-
    28  sioner shall investigate or cause to be investigated the  character  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06774-23-6
        S. 8102                             2
 
     1  responsibility  of the applicant and agency manager and shall examine or
     2  cause to be examined the premises designated in such application as  the
     3  place in which it is proposed to conduct such agency.
     4    The  commissioner shall require all applicants for licenses and agency
     5  managers to be fingerprinted. Such fingerprints shall  be  submitted  to
     6  the  division  of criminal justice services for a state criminal history
     7  record check, as defined in subdivision one of  section  three  thousand
     8  thirty-five  of  the  education law, and may be submitted to the federal
     9  bureau of investigation for a national criminal  history  record  check.
    10  The  criminal history information, if any, received by the department of
    11  labor shall be considered in accordance with the provisions  of  article
    12  twenty-three-A  of  the  correction  law  and  subdivisions  fifteen and
    13  sixteen of section two  hundred  ninety-six  of  the  executive  law.  A
    14  reasonable  time before making a determination on the application pursu-
    15  ant to this subdivision, the  department  shall  provide  the  applicant
    16  criminal history information, if any. Where such criminal history infor-
    17  mation  is provided, the department shall also provide a copy of article
    18  twenty-three-A of the correction law, and inform such applicant  of  his
    19  or  her  right to seek correction of any incorrect information contained
    20  in such criminal history information pursuant  to  the  regulations  and
    21  procedures established by the division of criminal justice services.
    22    2.  Any  person may file, within one week after such application is so
    23  posted [in the said office], a written protest against the  issuance  of
    24  such  license. Such protest shall be in writing and signed by the person
    25  filing the same or his authorized agent or  attorney,  and  shall  state
    26  reasons  why  the said license should not be granted. Upon the filing of
    27  such protest the commissioner shall appoint a time  and  place  for  the
    28  hearing  of  such application, and shall give at least five days' notice
    29  of such time and place to the  applicant  and  the  person  filing  such
    30  protest.  The  commissioner may administer oaths, subpoena witnesses and
    31  take testimony in respect to the matters contained in  such  application
    32  and  protests or complaints of any character for violation of this arti-
    33  cle, and may receive evidence in the form of  affidavits  pertaining  to
    34  such  matters.  If  it  shall  appear  upon  such  hearing  or  from the
    35  inspection, examination or investigation made by the  commissioner  that
    36  the  applicant  or  agency  manager is not a person of good character or
    37  responsibility; or that he or the agency manager has not  had  at  least
    38  two  years  experience as a placement employee, vocational counsellor or
    39  in related activities, or other satisfactory business  experience  which
    40  similarly  tend to establish the competence of such individual to direct
    41  and operate the placement activities of the agency; or  that  the  place
    42  where  such  agency is to be conducted is not a suitable place therefor;
    43  or that the applicant has not complied with the provisions of this arti-
    44  cle; the said application shall be denied and a  license  shall  not  be
    45  granted.  Each  application  should  be granted or refused within thirty
    46  days from the date of its filing.
    47    § 3. Section 179 of the general business law, as  amended  by  chapter
    48  632 of the laws of 1975, is amended to read as follows:
    49    § 179. Registers and other records to be kept. It shall be the duty of
    50  every  licensed person to keep a register, approved by the commissioner,
    51  in which shall be entered, in the English  language,  the  date  of  the
    52  application  for employment, the date the applicant started work and the
    53  name and address of every applicant  from  whom  a  fee  or  deposit  is
    54  charged,  the  amount of the fee or deposit and the service for which it
    55  is received or charged. Such licensed person shall  also  enter  in  the
    56  same  or  in  a  separate register, approved by the commissioner, in the
        S. 8102                             3
 
     1  English language, the name and address of every employer from whom a fee
     2  is received or charged or to whom the licensed person refers  an  appli-
     3  cant  who  has  paid  or  is  charged a fee, the date of such employer's
     4  request or assent that applicants be furnished, the kind of position for
     5  which  applicants  are  requested, the names of the applicants sent from
     6  whom a fee or deposit is received or charged with the designation of the
     7  one employed, the amount of the fee or deposit charged, and the rate  of
     8  salary or wages agreed upon. It shall also be the duty of every licensed
     9  person  to  keep  complete  and  accurate written records in the English
    10  language of all receipts and income received or  derived  directly  from
    11  the  operation  of his employment agency, and to keep records concerning
    12  job orders. No such licensed person, his agent or employees, shall  make
    13  any  false entry in such records. It shall be the duty of every licensed
    14  person to communicate orally or in writing with  at  least  one  of  the
    15  persons  mentioned as references for every applicant for work in private
    16  families, or employed in a fiduciary capacity, and the  result  of  such
    17  investigation  shall  be  kept on file in such agency for a period of at
    18  least three years. Every register and all records kept pursuant  to  the
    19  requirements  of  this  article shall be retained on the premises of the
    20  agency concerned for three years following the date on  which  the  last
    21  entry  thereon  was made [except a job order which shall be retained for
    22  one year following the date on which it was received].
    23    § 4. Section 181 of the general business law, as added by chapter  893
    24  of the laws of 1958, subdivision 1 as added and subdivision 2 as amended
    25  by  chapter 632 of the laws of 1975, subdivision 3 as separately amended
    26  by chapters 1010 and 1083 of the laws of  1960,  and  subdivision  4  as
    27  amended  by  chapter  479  of  the  laws  of 1963, is amended to read as
    28  follows:
    29    § 181. Contracts, statements of terms and conditions, and receipts. It
    30  shall be the duty of every employment agency to give to  each  applicant
    31  for employment:
    32    1. A true copy of every contract executed between such agency and such
    33  applicant,  which shall have printed on it or attached to it a statement
    34  setting forth in a clear and concise manner the provisions  of  sections
    35  one hundred eighty-five, and one hundred eighty-six of this article.
    36    2.  [Information  as to the name and address of the person to whom the
    37  applicant is to apply for such employment, the kind  of  service  to  be
    38  performed,  the  anticipated rate of wages or compensation, the agency's
    39  fee for the applicant based on such anticipated wages  or  compensation,
    40  whether  such employment is permanent or temporary, the name and address
    41  of the person authorizing the hiring of such applicant, and the cost  of
    42  transportation if the services are required outside of the city, town or
    43  village  where  such  agency  is  located. If the job is a conditionally
    44  fee-paid job, the conditions under which the applicant will be  required
    45  to  pay a fee shall be clearly set forth in a separate agreement in ten-
    46  point type signed  by  the  job  applicant.]  (a)  Each  contract  shall
    47  include,  but  not  be limited to, the following:  information as to the
    48  name and address of the person to whom the applicant  is  to  apply  for
    49  such  employment,  the  name,  the address, the mailing address, and the
    50  telephone number of the employer; the address or  addresses  of  employ-
    51  ment, the kind of service to be performed; the anticipated rate of wages
    52  or  compensation;  the  anticipated  hours of work per day and number of
    53  days to be worked per week; the agency's fee for the applicant based  on
    54  such  anticipated  wages or compensation; any provision to the employee,
    55  and costs associated  with  that  provision  including  housing,  health
    56  insurance,  healthcare,  sick  leave,  holidays and retirement benefits;
        S. 8102                             4
 
     1  whether such employment is permanent or temporary, the anticipated peri-
     2  od of employment, the name and address of  the  person  authorizing  the
     3  hiring of such applicant; and the cost of transportation if the services
     4  are  required  outside of the city, town or village where such agency is
     5  located. If the job is a  conditionally  fee-paid  job,  the  conditions
     6  under which the applicant will be required to pay a fee shall be clearly
     7  set  forth  in  a separate agreement in ten-point type signed by the job
     8  applicant.
     9    (b) The employment agency shall provide to each applicant, a  separate
    10  document accompanying each contract summarizing the terms and conditions
    11  of  the  contract  in  commonly understood terms. This document shall be
    12  entitled "terms and conditions" and shall include the language that  the
    13  document  is  not a contract and that such document is not legally bind-
    14  ing. The commissioner shall promulgate rules and regulations determining
    15  what information shall be included in the terms and conditions  provided
    16  by an agency to an applicant.
    17    (c)  When  a job applicant identifies as his or her primary language a
    18  language for which a template is not available  from  the  commissioner,
    19  the  employment  agency  shall comply with this subdivision by providing
    20  that employee an English-language statement.
    21    (d) An employment agency shall not be penalized for  errors  or  omis-
    22  sions  in the non-English portions of any notice provided by the commis-
    23  sioner.
    24    3. A receipt for any fee, deposit,  consideration,  or  payment  which
    25  such  agency  receives  from such applicant, which shall have printed or
    26  written on it the name of the applicant, the name  and  address  of  the
    27  employment  agency,  the date and amount of such fee, deposit, consider-
    28  ation or payment or portion thereof for which the receipt is given,  the
    29  purpose for which it was paid, and the signature of the person receiving
    30  such  payment.  If  the applicant for employment has been recruited from
    31  outside the state for domestic or household employment the receipt shall
    32  have printed on it, or attached to it, a copy  of  section  one  hundred
    33  eighty-four of this article.  The receipt shall also include, immediate-
    34  ly  above  the  place for signature of the person receiving payment, set
    35  off in a box and printed in bold capital letters, the  following  state-
    36  ment: "An employment agency may not charge you, the job applicant, a fee
    37  before  referring  you to a job that you accept. If you pay a fee before
    38  accepting a job or pay a fee that otherwise violates the  law,  you  may
    39  demand a refund, which shall be repaid within seven days".
    40    4.  The  completed  original  or  duplicate-original copy of each such
    41  contract [and receipt], statement of terms and conditions, receipts, and
    42  any other documents given to the applicant shall be  retained  by  every
    43  employment  agency  for  three  years  following  the  date on which the
    44  contract is executed or the payment is made, and shall be made available
    45  for inspection by the commissioner  or  his  duly  authorized  agent  or
    46  inspector,  upon  his request.   Notwithstanding the other provisions of
    47  such contracts, the monetary consideration to be paid by  the  applicant
    48  shall  not  exceed  the  fee  ceiling  provided  in subdivision eight of
    49  section one hundred eighty-five of this article.
    50    § 5. Subdivisions 1 and 3 of section 185 of the general business  law,
    51  subdivision 1 as amended by chapter 460 of the laws of 2012 and subdivi-
    52  sion  3  as  amended by chapter 1010 of the laws of 1960, are amended to
    53  read as follows:
    54    1. Circumstances permitting fee. An employment agency shall not charge
    55  or accept a fee or other consideration unless  in  accordance  with  the
    56  terms of a written contract with a job applicant[, except:
        S. 8102                             5

     1    (a)  for  class  "A"  and "A-1" employment, and except] and after such
     2  agency has been responsible for  referring  such  job  applicant  to  an
     3  employer or such employer to a job applicant and where as a result ther-
     4  eof such job applicant has been employed by such employer[; and
     5    (b)],  except  for class "C" employment: [(i)] (a) after an agency has
     6  been responsible for referring an artist to an employer or such employer
     7  to an artist and where as a result thereof such artist has been employed
     8  by such employer; or [(ii)] (b) after an agency represents an artist  in
     9  the  negotiation or renegotiation of an original or pre-existing employ-
    10  ment contract and where as a result thereof the  artist  enters  into  a
    11  negotiated or renegotiated employment contract. For class "C" employment
    12  pursuant to this paragraph, an employment agency shall provide an artist
    13  with  a  statement  setting  forth  in  a  clear  and concise manner the
    14  provisions of this section and section one hundred  eighty-six  of  this
    15  article.
    16    The  maximum  fees  provided for herein for all types of placements or
    17  employment may be charged to the job applicant and a similar fee may  be
    18  charged  to  the  employer provided, however, that with regard to place-
    19  ments in class "B" employment, a fee of up to one and one-half times the
    20  fee charged to the job applicant may be  charged  to  the  employer.  By
    21  agreement with an employment agency, the employer may voluntarily assume
    22  payment of the job applicant's fee. The fees charged to employers by any
    23  licensed  person  conducting an employment agency for rendering services
    24  in connection with, or for providing employment in  classes  "A",  "A-1"
    25  and  "B",  as  hereinafter  defined  in subdivision four of this section
    26  where the applicant is not charged a fee shall be determined  by  agree-
    27  ment  between  the  employer and the employment agency.  No fee shall be
    28  charged or accepted for the registration of applicants for employees  or
    29  employment.
    30    3.  Deposits,  advance  fees. [Notwithstanding any other provisions of
    31  this section, an] An employment agency [may] shall not require or accept
    32  a deposit or advance fee from any applicant  [except  an  applicant  for
    33  class  "A" or class "A1" employment, and only to the extent of the maxi-
    34  mum fees hereinafter provided. Such deposit  or  advance  fee  shall  be
    35  offset  against  any  fee  charged  or  accepted when such employment is
    36  obtained. Any excess above the lawful  fee  shall  be  returned  without
    37  demand  therefor, immediately after the employment agency has been noti-
    38  fied that such employment has been obtained; and all of such deposit  or
    39  advance  fee  shall  be returned immediately upon demand therefor, if at
    40  the time of the demand such employment has not been obtained].
    41    § 6. Subdivision 2 of section 186 of  the  general  business  law,  as
    42  amended  by  chapter  1010  of  the  laws of 1960, is amended to read as
    43  follows:
    44    2. Failure to report: If a job applicant accepts employment and there-
    45  after fails to report for work, the gross fee charged to such  applicant
    46  shall  not  exceed  twenty-five  per  cent of the maximum fee allowed by
    47  section one hundred eighty-five of this article[, provided  however,  if
    48  the  applicant  remains with his same employer, the fee shall not exceed
    49  fifty per cent]. If a job applicant  accepts  employment  and  fails  to
    50  report for work, no fee shall be charged to the employer.
    51    §  7.  Subdivision  3  of  section 187 of the general business law, as
    52  added by chapter 893 of the laws of 1958, is amended to read a follows:
    53    (3) Advertise in  newspapers  or  otherwise,  or  use  letterheads  or
    54  receipts  or other written or printed matter, unless such advertising or
    55  other matter contains the name and  address  of  the  employment  agency
    56  [and], the word "agency" and the agency's license number.
        S. 8102                             6
 
     1    §  8.  Section  188 of the general business law, as amended by chapter
     2  632 of the laws of 1975, is amended to read as follows:
     3    § 188. Copies of law to be posted. 1. Every licensed person shall post
     4  in  a  conspicuous  place  in  the main room of such agency sections one
     5  hundred seventy-eight, [one hundred eighty,] one hundred eighty-one, one
     6  hundred eighty-five, and one hundred eighty-six, of this article[, which
     7  shall be printed in large type in languages in  which  persons  commonly
     8  doing  business with such office can understand]. Such poster shall also
     9  contain the name and  address  of  the  commissioner  charged  with  the
    10  enforcement of this article in the place where the agency is located.
    11    2.  The  commissioner,  in conjunction with the director of the office
    12  for new Americans, shall  develop,  establish  and  implement  a  public
    13  awareness  campaign  regarding  the  rights  of job seekers. Such public
    14  awareness campaign shall be made available to the public  by  any  means
    15  deemed  appropriate  by  the commissioner and the director of the office
    16  for new Americans. Any materials developed and disseminated to job seek-
    17  ers according to this subdivision must also be distributed  to  licensed
    18  employment agencies.
    19    §  9.  Section  189 of the general business law, as amended by chapter
    20  479 of the laws of 1963, subdivisions 1 and 2 as amended by chapter  721
    21  of  the  laws of 2004, subdivisions 4 and 5 as amended by chapter 632 of
    22  the laws of 1975, is amended to read as follows:
    23    § 189. Enforcement of provisions of this  article.  1.  This  article,
    24  article  nineteen-B of the labor law and sections 37.01, 37.03 and 37.05
    25  of the arts and cultural affairs law shall be enforced  by  the  commis-
    26  sioner  of  labor,  except that in the city of New York this article and
    27  such sections shall be enforced by the commissioner of consumer  affairs
    28  of such city.  In addition to the powers of the commissioner, the attor-
    29  ney  general  may  enforce  the provisions of this article to the extent
    30  permitted under section sixty-three of the executive law.
    31    2. To effectuate the purposes of this article, article  nineteen-B  of
    32  the  labor  law  and  sections  37.01,  37.03  and 37.05 of the arts and
    33  cultural affairs law, the commissioner or any duly authorized  agent  or
    34  inspector  designated  by  such  commissioner,  shall  have authority to
    35  inspect the premises, registers, contract  forms,  completed  contracts,
    36  statements  of  terms  and conditions, receipt books, application forms,
    37  referral forms, reference forms, reference reports and financial records
    38  of fees charged and refunds made of  each  employment  agency,  and  any
    39  other record that the employment agency is required to maintain pursuant
    40  to  this  article,  which are essential to the operation of such agency,
    41  and of each applicant for an employment agency license, as frequently as
    42  necessary to ensure compliance with this article and such sections[; but
    43  in]. In no event shall any employment agency be inspected less frequent-
    44  ly than once every eighteen months.  Inspections may consist of  in-per-
    45  son  visits  to  employment  agencies.  The commissioner shall also have
    46  authority to subpoena records and  witnesses  or  otherwise  to  conduct
    47  investigations  of  any  employer  or  other  person where he or she has
    48  reasonable grounds for believing that such employer or person is violat-
    49  ing or has conspired or is  conspiring  with  an  employment  agency  to
    50  violate this article or such sections.
    51    3.  To  effectuate  the purposes of this article, the commissioner may
    52  make reasonable administrative rules within the standards  set  in  this
    53  article.  Before  such  rules  shall  be  issued, the commissioner shall
    54  conduct a public hearing, giving due notice thereof  to  all  interested
    55  parties.  No rule shall become effective until fifteen days after it has
    56  been filed in the office of the department of state, if it is a rule  of
        S. 8102                             7
 
     1  the  industrial  commissioner, or in the office of the clerk of the city
     2  of New York, if it is a rule of the commissioner  of  licenses  of  such
     3  city,  and  copies thereof shall be furnished to all employment agencies
     4  affected at least fifteen days prior to the effective date of such rule.
     5    4.  Complaints  against any such licensed or unlicensed person [shall]
     6  may be made orally or in writing to the commissioner, or be sent  in  an
     7  affidavit  form  without  appearing in person, and may be made by recog-
     8  nized employment agencies, trade associations, or  others.  The  commis-
     9  sioner  may  hold  a  hearing on a complaint with the powers provided by
    10  section one hundred seventy-four of this article. If a hearing is  held,
    11  reasonable  notice  thereof,  not less than five days, shall be given in
    12  writing to said [licensed] person by serving upon the [licensed]  person
    13  either  personally,  by  mail, or by leaving the same with the person in
    14  charge of his office, a concise statement of the facts constituting  the
    15  complaint,  and  the hearing shall commence before the commissioner with
    16  reasonable speed but in no event later than two weeks from the  date  of
    17  the  filing  of  the  complaint. The commissioner when investigating any
    18  matters pertaining to the  granting,  issuing,  transferring,  renewing,
    19  revoking,  suspending  or cancelling of any license is authorized in his
    20  discretion to take such testimony as may be necessary on which  to  base
    21  official  action.  When  taking such testimony he may subpoena witnesses
    22  and also direct the production before  him  of  necessary  and  material
    23  books  and papers. A daily calendar of all hearings shall be kept by the
    24  commissioner and shall be posted in a conspicuous place  in  his  public
    25  office  for  at  least  one  day  before  the date of such hearings. The
    26  commissioner shall render his decision within thirty days from the  time
    27  the  matter  is  finally submitted to him. The commissioner shall keep a
    28  record of all such complaints and hearings.  The office of new Americans
    29  shall, pursuant to section ninety-four-b of the executive  law,  receive
    30  complaints,  attempt  to  mediate such complaints, and where appropriate
    31  refer such complaints to the attorney general or other federal, state or
    32  local agency authorized by law to take action on such complaint.
    33    5. [Following such hearing if it has been shown] Upon a  finding  that
    34  the  licensed  person  or  his  agent,  employee or anyone acting on his
    35  behalf is guilty of violating any provision of this article or is not  a
    36  person  of  good  character  and  responsibility,  the  commissioner may
    37  suspend or revoke the license of such licensed  person  [and/or  levy  a
    38  fine  against such licensed person for each violation not to exceed five
    39  hundred dollars]. Any employment  agency  found  to  have  violated  any
    40  provision  of this article shall be subject, for the first offense, to a
    41  civil penalty not to exceed one thousand dollars per violation, and, for
    42  each subsequent offense within six years of such previous offense, to  a
    43  civil  penalty,  not to exceed five thousand dollars per violation. When
    44  it is determined that there has been a violation of this article  by  an
    45  employment  agency, the commissioner shall provide the employment agency
    46  with a specific time period  for  such  employment  agency  to  cure  or
    47  correct  such violation or take other ameliorative action as directed by
    48  the commissioner, the successful completion of which shall  prevent  the
    49  imposition  of  penalties  on  the employment agency for such violation.
    50  Whenever such commissioner shall suspend or revoke the  license  of  any
    51  employment  agency, or shall levy a fine against [such] any agency, said
    52  determination shall be subject to judicial review in proceedings brought
    53  pursuant to article seventy-eight of the civil practice law  and  rules.
    54  Whenever  [such]  an  employment  agency's  license  is revoked, another
    55  license or agency manager permit shall not be issued within three  years
    56  from  the  date of such revocation to said licensed person or his agency
        S. 8102                             8

     1  manager or to any person with whom the licensee has been  associated  in
     2  the business of furnishing employment or engagements. Deputy commission-
     3  ers, or other officials designated to act on behalf of the commissioner,
     4  may  conduct hearings and act upon applications for licenses, and revoke
     5  or suspend such licenses, or levy fines against an employment agency.
     6    6.  If any provisions of this article or the  application  thereof  to
     7  any  person  or circumstances is held unconstitutional, the remainder of
     8  the article and the application of that provision to other  persons  and
     9  circumstances shall not be affected thereby.
    10    §  10.  Section 190 of the general business law, as amended by chapter
    11  632 of the laws of 1975, is amended to read as follows:
    12    § 190. Penalties for violations. Any person who violates and the offi-
    13  cers of a corporation and stockholders holding ten percent  or  more  of
    14  the  stock  of a corporation which is not publicly traded, who knowingly
    15  permit the corporation to violate sections one hundred seventy-two,  one
    16  hundred seventy-three, one hundred seventy-six, one hundred eighty-four,
    17  one  hundred eighty-four-a, one hundred eighty-five, one hundred eighty-
    18  five-a, one hundred eighty-six, or  one  hundred  eighty-seven  of  this
    19  article  shall  be  guilty of a misdemeanor and upon conviction shall be
    20  subject to a fine not to exceed [one thousand] two thousand five hundred
    21  dollars per violation, or imprisonment for not more than  one  year,  or
    22  both, by any court of competent jurisdiction. The violation of any other
    23  provision  of  this  article shall be punishable by a fine not to exceed
    24  [one] five hundred dollars or imprisonment  for  not  more  than  thirty
    25  days. Criminal proceedings based upon violations of these sections shall
    26  be  instituted  by the commissioner and may be instituted by any persons
    27  aggrieved by such violations.
    28    § 11. This act shall take effect immediately.