Assembly Bill A6011

2017-2018 Legislative Session

Makes certain provisions regarding court ordered stay or suspension of commission orders

download bill text pdf

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Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A6011 (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §23, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4732
2011-2012: A3311
2013-2014: A5252
2015-2016: A1992

2017-A6011 (ACTIVE) - Summary

Provides that notwithstanding the granting of a new tariff schedule, subject to refund with interest, the court may find great and irreparable damage on the basis of evidence submitted in seeking an order staying or suspending an order of the public service commission.

2017-A6011 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6011
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend the public service law, in relation to the staying or
   suspending of certain orders of the commission by the supreme court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 23 of the public service law, as
 amended by chapter 732 of the laws  of  1928,  is  amended  to  read  as
 follows:
   2.    No order staying or suspending an order of the commission fixing
 any rate, fare or charge or joint rate, fare or charge shall be made  by
 the  supreme  court otherwise than upon notice and after hearing; and if
 the order of the commission is suspended, the order suspending the  same
 shall  contain  a  specific finding based upon evidence submitted to the
 court and identified by reference thereto, that  great  and  irreparable
 damage would otherwise result to the petitioner OR OTHER PERSON AFFECTED
 THEREBY  and specifying the nature of the damage; PROVIDED THAT NOTWITH-
 STANDING THE GRANTING OF A NEW TARIFF SCHEDULE, SUBJECT TO  REFUND  WITH
 INTEREST,  THE  COURT MAY FIND GREAT AND IRREPARABLE DAMAGE ON THE BASIS
 OF EVIDENCE SUBMITTED.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07580-01-7

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