Assembly Bill A10059A

                                BILL NUMBER:A10059

TITLE  OF  BILL:   An act to amend the public health law, in relation to
civil penalties

PURPOSE OR GENERAL IDEA OF BILL:; This  bill  will  increase,  and  make
uniform,  the  maximum civil penalties that may be assessed by the State
and by local boards of health for violations of the  public  health  law
and the State Sanitary Code.

SUMMARY  OF  SPECIFIC PROVISIONS:; Section one amends subdivision one of
section 12 of the public health law, as amended by section 16 of part  A
of  chapter  58  of  the  laws  of 2008, by increasing the maximum civil
penalty that the  State  may  impose  from  $2,000  to  $5,000  for  any
violation,  disobeyance  or  disregard  of,  any provision of the public
health law or of any lawful notice, order or regulation pursuant thereto
for which a civil penalty is not otherwise expressly prescribed by  law.
The  penalty  may be increased to an amount not to exceed $8,000, raised
from the current penalty of $'5,000, for any subsequent violation if the
same violation is committed with twelve months of the initial  violation
for which a penalty was assessed and said violation was a serious threat
to  the  health  and  safety  of  an individual or individuals, or to an
amount not to  exceed  $13,000,  raised  from  the  current  penalty  of
$10,000,  if  the violation directly results in serious physical harm to
any  patient  or  patients.    Additionally,  this  section  amends  the
provision that requires the comptroller to deposit to the patient safety
              

center  account  to  be used for the patient safety center created under
public health law amounts collected in excess of $2,000 per violation to
provide that the comptroller shall deposit amounts collected  in  excess
of,$5,000 per violation.

Section  two  amends  subdivision one of section 12 of the public health
law, as amended by chapter 190 of the laws of 1990,  by  increasing  the
maximum  civil  penalty  that the State may impose from $2,000 to $5 000
for any violation, disobeyance or disregard  of  any  provision  of  the
public  health law or of any lawful notice, order or regulation pursuant
thereto for which a civil penalty is not otherwise expressly  prescribed
by law.

Section  three  amends  paragraph (f) of subdivision 1 of section 309 of
the public health law, as amended by chapter 15 of the laws of 1995,  to
provide that a local board of health (LBOH) may impose penalties for the
violation  of or failure to comply with any of its orders or regulations
or any of the regulations of the  State  Sanitary  Code  not  to  exceed
$5,000  for  a  single  violation or failure, increased from the current
maximum of $1,000 per violation or failure.

Section four amends subdivisions 1 and 2 of section  373'of  the  public
health  law,  as amended by chapter 15 of the,laws of 1995, by providing
that the sanitary code of a  city  having  a  population  of  less  than
175,000'  may  provide  for a specific penalty of $5,000, increased from
$1,000, for a violation of its sanitary code; and except where a specif-

ic penalty is provided, a person who violates or fails  to  comply  with
any  provision  of  such  city's sanitary code-or of a rule, regulation,
order or special direction made thereunder shall  pay  to  the.  city  a
penalty of $5,000, increased from $1,000, for each offense.

Section  five  provides  that  nothing in this act shall be construed as
requiring any LBOH or city to increase any maximum penalty  provided  in
local law or regulation, or to assess any penalty at a higher level than
is provided in local law or regulation.

Section six provides the effective date.

JUSTIFICATION:  Currently there is a disparity in the civil penalty that
can be assessed for a violation of the public health law or  regulations
or  the  State  Sanitary  Code:  the State can impose a penalty of up to
$2,000 whereas an LBOH is limited to a penalty of $1,000.  There  is  no
rational  basis  for  this  disparity. Since LBOHs may enforce the State
Sanitary Code,  it  seems  logical  that  the  penalty  be  uniform  for
violations,  whether  the enforcement is handled at the State leveler at
the local level.

In addition, LBOHs believe that the current maximum  penalty  of  $1,000
reduces  their  effectiveness  in  obtaining  compliance  with important
public health and environmental health regulations. it has become appar-
ent that the imposition, whether real or threatened, of such  a  penalty
is inadequate as a deterrent.

It  has been 15 years in the case of LBOHs (the maximum civil penalty of
$1,000 was set in 1995) and 20 years in the case of the State (the maxi-
mum civil penalty of $2,000 was set in 1990)  since  the  maximum  civil
penalty  assessable  has been raised. In light of the changing times and
the inflationary conditions over the years, the increase in penalties is
long overdue.

Increasing the maximum civil penalty for violations of the public health
law and regulations and the State Sanitary Code will  not  only  provide
the  State  and  LBOHs with a more effective tool to deter violations of
the law but will also provide the State and local  jurisdictions  needed
additional revenue.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: The State as well as local jurisdictions that choose
to  increase  their  maximum  penalties  will  derive increased revenues
resulting from increased penalties for violations of public  health  law
and State Sanitary Code. In addition, the State and local jurisdictions,
will  be  able  to use staff more effectively as staff time dedicated to
enforcement will be saved as a result of improved  compliance  with  the
law.

EFFECTIVE DATE: The act shall take effect on the 30th day after it shall
have become law, and shall apply to all violations or failures to comply

with  any code, rule, regulation, order or special direction which occur
on or after such date;.provided that the amendments to subdivision 1  of
section  12  of  the public health law made by section -ode of this. act
shall  be  subject  to  the  expiration  of such subdivision pursuant to
section 32 of part A of.chapter 58 of the laws of 2008, as amended, when
upon such date the provisions of section  two  of  this  act  Will  take
effect.