Senate Bill S8964

2019-2020 Legislative Session

Relates to establishing strict liability for certain violations by public utility companies, corporations, or persons and the officers thereof

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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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2019-S8964 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Service Law
Laws Affected:
Amd §§25 & 25-a, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:
S135

2019-S8964 (ACTIVE) - Summary

Establishes strict liability for certain violations by public utility companies, corporations, or persons and the officers thereof; removes requirement that violations be committed knowingly.

2019-S8964 (ACTIVE) - Sponsor Memo

2019-S8964 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8964
 
                             I N  S E N A T E
 
                             September 4, 2020
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   liability  for  certain violations by public utility companies, corpo-
   rations, or persons and the officers thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3 and 4 of section 25 of the public service
 law,  subdivision 2 and paragraph (a) of subdivision 3 and paragraph (a)
 of subdivision 4 as amended by chapter 375  of  the  laws  of  1986  and
 subdivisions  3  and 4 as added by chapter 665 of the laws of 1980,  are
 amended to read as follows:
   2. Any public utility company, corporation or  person  and  the  offi-
 cers[,  agents and employees] thereof that [knowingly] fails or neglects
 to obey or comply, OR ANY AGENTS AND EMPLOYEES  THEREOF  THAT  KNOWINGLY
 FAIL  OR  NEGLECT TO OBEY OR COMPLY, with a provision of this chapter or
 an order adopted under authority of this chapter so  long  as  the  same
 shall  be in force, shall forfeit to the people of the state of New York
 a sum not exceeding one hundred thousand dollars  constituting  a  civil
 penalty  for  each  and  every  offense and, in the case of a continuing
 violation, each day shall be deemed a separate and distinct offense.
   3. Notwithstanding the provisions of subdivision two of this  section,
 any  such  public  utility  company, corporation or person and the offi-
 cers[, agents and employees] thereof that [knowingly] fails or  neglects
 to  obey  or  comply, OR ANY AGENTS AND EMPLOYEES THEREOF THAT KNOWINGLY
 FAIL OR NEGLECT TO OBEY OR COMPLY, with a provision of this chapter,  or
 an  order  or  regulation  adopted  under the authority of this chapter,
 adopted specifically for the protection of human safety,  including  but
 not limited to the commission's code of gas safety regulations shall, if
 it  is determined by the commission that such safety violation caused or
 constituted a contributing factor in bringing about a death or  personal
 injury, forfeit to the state of New York a sum not to exceed the greater
 of:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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