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Assembly Bill A1576

2011-2012 Legislative Session

Relates to the entry into premises by the agent of a utility or municipality; repealer

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Archive: Last Bill Status - In Assembly Committee

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2011-A1576 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Rpld & add ยง47, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10896
2013-2014: A5985

2011-A1576 (ACTIVE) - Summary

Establishes an agent of a utility or municipality may not enter premises without permission of a person lawfully in control of the premises; establishes certain exceptions.

2011-A1576 (ACTIVE) - Bill Text download pdf 

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

                                  1576

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M. of A. TEDISCO, SAYWARD -- Multi-Sponsored by -- M. of
  A. CROUCH, FINCH -- read once and referred to the Committee on  Corpo-
  rations, Authorities and Commissions

AN  ACT  to  amend the public service law, in relation to the inspection
  and examination of apparatus by the agent of a utility or municipality
  and to repeal section 47 of such law relating thereto

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

  Section  1. Section 47 of the public service law is REPEALED and a new
section 47 is added to read as follows:
  S 47. INSPECTION AND EXAMINATION OF APPARATUS. 1. EXCEPT WHEN AN EMER-
GENCY MAY THREATEN THE HEALTH OR SAFETY OF  A  PERSON,  THE  SURROUNDING
AREA  OR  THE  UTILITY'S  OR MUNICIPALITY'S DISTRIBUTION SYSTEM OR WHERE
AUTHORIZED BY COURT ORDER, AN AGENT OF A UTILITY OR MUNICIPALITY, OTHER-
WISE DULY AUTHORIZED TO INSPECT AND  EXAMINE  APPARATUS  MAY  NOT  ENTER
PREMISES,  REGARDLESS  OF  WHETHER SUCH PREMISES ARE LOCKED OR UNLOCKED,
WITHOUT PERMISSION OF A PERSON LAWFULLY IN CONTROL OF THE PREMISES,  NOR
USE ANY MANNER OF FORCE TO CARRY OUT SUCH INSPECTION AND EXAMINATION.
  2.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A DULY AUTHORIZED
AGENT OF A UTILITY CORPORATION OR MUNICIPALITY MAY ENTER THE COMMON AREA
OF A MULTIPLE DWELLING SUPPLIED WITH GAS OR ELECTRICITY BY  THE  UTILITY
CORPORATION OR MUNICIPALITY, FOR THE PURPOSE OF INSPECTING AND EXAMINING
THE  METERS,  PIPES, FITTINGS, WIRES AND OTHER APPARATUS FOR REGULATING,
SUPPLYING AND/OR ASCERTAINING THE QUANTITY SUPPLIED, UNDER THE FOLLOWING
TERMS AND CONDITIONS:
  (A) THE AGENT EXHIBITS A  PHOTO-IDENTIFICATION  BADGE  AND  A  WRITTEN
AUTHORITY  SIGNED  BY  THE  PRESIDENT OR VICE-PRESIDENT AND SECRETARY OR
ASSISTANT SECRETARY OF THE CORPORATION, OR BY THE MAYOR OR  CLERK  OF  A
MUNICIPAL CORPORATION OR BY THE CHAIRPERSON AND SECRETARY OF A MUNICIPAL
BOARD IN CONTROL OF A MUNICIPAL UTILITY, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02222-01-1

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