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Assembly Bill A5985

2013-2014 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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2013-A5985 (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
2011-2012: A1576

2013-A5985 (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.

2013-A5985 (ACTIVE) - Bill Text download pdf 

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

                                  5985

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced  by M. of A. TEDISCO, CROUCH, FINCH -- read once and referred
  to the Committee on Corporations, 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 Section 47 of the public service law is REPEALED and a  new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
  (B) ANY SUCH INSPECTION  AND  EXAMINATION  SHALL  BE  CONDUCTED  ON  A
NON-HOLIDAY  WORK  DAY  BETWEEN  EIGHT  A.M.  AND SIX P.M. OR SUCH OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07973-01-3

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