S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   647
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                               (PREFILED)
                             January 9, 2013
                               ___________
Introduced  by M. of A. HEVESI, MILLER, COLTON, STEVENSON, CASTRO, MOYA,
  MAISEL -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,  GLICK,
  HEASTIE -- read once and referred to the Committee on Energy
AN ACT to amend the public service law, in relation to penalties for the
  failure  of gas and electric corporations to file or correct an annual
  report
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Subdivision 6 of section 66 of the public service law, as
amended by chapter 784 of the laws  of  1923,  is  amended  to  read  as
follows:
  6.  Require  every person and corporation under its supervision and it
shall be the duty of every such person and corporation to file with  the
commission  an  annual  report,  verified  by the oath of the president,
vice-president, treasurer, secretary, general manager, or  receiver,  if
any,  thereof, or by the person required to file the same. The verifica-
tion shall be made by said official holding office at the  time  of  the
filing  of said report, and if not made upon the knowledge of the person
verifying the same shall set forth the sources of  his  information  and
the  grounds  of  his belief as to any matters not stated to be verified
upon his knowledge. The report shall show in detail (a)  the  amount  of
its authorized capital stock and the amount thereof issued and outstand-
ing; (b) the amount of its authorized bonded indebtedness and the amount
of  its  bonds  and  other  forms of evidence of indebtedness issued and
outstanding; (c) its receipts  and  expenditures  during  the  preceding
year;  (d)  the  amount paid as dividends upon its stock and as interest
upon its bonds; (e) the names of its officers and the  aggregate  amount
paid  as salaries to them and the amount paid as wages to its employees;
(f) the location of  its  plant  or  plants  and  system,  with  a  full
description  of  its property and franchises, stating in detail how each
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD01847-01-3
A. 647                              2
franchise stated to be owned was acquired;  and  (g)  such  other  facts
pertaining to the operation and maintenance of the plant and system, and
the  affairs  of  such  person  or corporation as may be required by the
commission.  Such  reports shall be in the form, cover the period and be
filed at the time prescribed by the commission. The commission may, from
time to time, make changes and additions in such forms.  When  any  such
report  is  defective  or believed to be erroneous, the commission shall
notify the person, corporation or municipality  making  such  report  to
amend  the  same  within  a  time prescribed by the commission. Any such
person or corporation or municipality which shall neglect  to  make  any
such  report  or  which shall fail to correct any such report within the
time prescribed by the commission shall be liable to a  penalty  of  NOT
MORE  THAN  ONE-TENTH  OF ONE PERCENT OF THE ANNUAL NET REVENUES OF SUCH
PERSON, CORPORATION OR MUNICIPALITY FOR THE PAST YEAR, BUT NOT MORE THAN
TWENTY-FIVE THOUSAND DOLLARS NOR LESS THAN one hundred  dollars  and  an
additional  penalty  of  [one  hundred  dollars]  NOT MORE THAN THE SAME
AMOUNT for each day after the prescribed time for which it shall neglect
to file or correct the same, to be sued for in the name of the people of
the state of New York. The amount recovered in any such action shall  be
paid  into  the  state treasury and be credited to the general fund. The
commission may extend the time prescribed for cause shown.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, that the public service commission
is immediately authorized and directed to  take  any  and  all  actions,
including  but  not  limited to the promulgation of any necessary rules,
necessary to fully implement the provisions of this act on its effective
date.