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Assembly Bill A8202

2023-2024 Legislative Session

Relates to denial or suspension of permits due to certain criminal actions of a permittee or its directors or officers

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Archive: Last Bill Status - In Assembly Committee

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2023-A8202 (ACTIVE) - Details

See Senate Version of this Bill:
S3575
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §70-0115, En Con L

2023-A8202 (ACTIVE) - Summary

Provides that the department of environmental conservation shall deny or suspend any permit issued by the department if the applicant or the permittee or any of its directors, officers or senior management have been convicted of a criminal offense involving fraud, bribery, perjury, an offense against public administration as that term is used in article one hundred ninety-five of the penal law, or conspiracy to commit any such offense.

2023-A8202 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8202
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   denial or suspension of permits due to certain criminal offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 70-0115 of the environmental  conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  THE  DEPARTMENT SHALL DENY OR SUSPEND A PERMIT IF THE APPLICANT OR
 PERMITTEE OR ANY OF ITS DIRECTORS, OFFICERS OR  SENIOR  MANAGEMENT  HAVE
 BEEN  CONVICTED OF A CRIMINAL OFFENSE INVOLVING FRAUD, BRIBERY, PERJURY,
 AN OFFENSE AGAINST PUBLIC ADMINISTRATION AS THAT TERM IS USED IN ARTICLE
 ONE HUNDRED NINETY-FIVE OF THE PENAL LAW, OR CONSPIRACY  TO  COMMIT  ANY
 SUCH  OFFENSE,  AND, AFTER A HEARING OR AN OPPORTUNITY FOR THE APPLICANT
 OR PERMITTEE TO BE HEARD, THE DEPARTMENT MAKES A  WRITTEN  DETERMINATION
 THAT  SUCH  CRIMINAL OFFENSE IS RELATED TO, INVOLVES, OR ARISES FROM THE
 ISSUANCE OF SUCH PERMIT, OR ANY PREVIOUS PERMIT ISSUED TO THE  APPLICANT
 OR  THE  PERMITTEE;  PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE
 REQUIRED TO DENY OR SUSPEND SUCH PERMIT  IF  THE  DEPARTMENT  DETERMINES
 SUCH  PERMIT TO BE IN THE PUBLIC INTEREST OR FOR PUBLIC HEALTH AND SAFE-
 TY.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08501-01-3

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