senate Bill S4685

Increases penalties relating to the protection of underground facilities

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 18 / Apr / 2013
    • REFERRED TO CODES
  • 15 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO CONSUMER PROTECTION
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE

Summary

Increases penalties relating to the protection of underground facilities.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A145A
Versions:
S4685
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
General Business Law
Laws Affected:
Amd ยง765, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
A6354, A6354

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S4685

TITLE OF BILL: An act to amend the general business law, in relation
to increasing the penalties for failure to comply with provisions
relating to the protection of underground facilities law

PURPOSE: This bill would amend the general business law by increasing
the civil penalty subjected to an excavator or operator in relation to
underground facilities.

SUMMARY OF PROVISIONS: Section 1 amends section 765 of the general
business law to increase the penalties for failing to comply with
provisions relating to the protection of underground facilities.

JUSTIFICATION: This bill increases civil fines against excavators and
operators who violate their duties to the public when they excavate a
site for pipelines and other underground facilities. Currently,
Section 765 of the general business law only subjects an excavator or
an operator to a civil penalty of $1,000 for the first violation and
$7500 for each succeeding violation. This bill would increase the
fines to $5,000 and $15,000 respectively. Increasing the fines would
act as a deterrent for all contractors and excavators to use the
utmost caution when drilling or maintaining underground facilities and
thereby protect the public.

LEGISLATIVE HISTORY: A.6354 of 2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4685

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN  ACT to amend the general business law, in relation to increasing the
  penalties for failure  to  comply  with  provisions  relating  to  the
  protection of underground facilities law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 1 of section 765 of the  general
business  law,  as  amended  by section 6 of part X of chapter 57 of the
laws of 2013, is amended to read as follows:
  a. Failure to comply with any provision of this article shall  subject
an excavator or an operator to a civil penalty of up to [two] FIVE thou-
sand  [five  hundred] dollars for the first violation and up to an addi-
tional [ten] FIFTEEN thousand dollars for each succeeding violation that
occurs within a twelve month period.
  S 2.  This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00133-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.