Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 05, 2010 |
print number 7634a |
May 05, 2010 |
amend and recommit to health |
Apr 27, 2010 |
referred to health |
Senate Bill S7634
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Health 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
Actions
Bill Amendments
2009-S7634 - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §309, Pub Health L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3470
2009-S7634 - Sponsor Memo
BILL NUMBER: S7634 TITLE OF BILL : An act to amend the public health law, in relation to civil penalties PURPOSE : This bill will increase, and make uniform, the maximum civil penalties that may be assessed by the State and by local boards of health for violations of the public health law and the State Sanitary Code. SUMMARY OF PROVISIONS : Section one amends subdivision one of section 12 of the public health law, as amended by section 16 of part A of chapter 58 of the laws of 2008, by increasing the maximum civil penalty that the State may impose from $2,000 to $5,000 for any violation, disobeyance or disregard of, any provision of the public health law or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law. The penalty may be increased to an amount not to exceed $8,000, raised from the current penalty of $'5,000, for any subsequent violation if the same violation is committed with twelve months of the initial violation for which a penalty was assessed and said violation was a serious threat to the health and safety of an individual or individuals, or to an amount not to exceed $13,000, raised from the current penalty of $10,000, if the violation directly results in serious physical harm to any patient or
2009-S7634 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7634 I N S E N A T E April 27, 2010 ___________ Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to civil penalties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 12 of the public health law, as amended by section 16 of part A of chapter 58 of the laws of 2008, is amended to read as follows: 1. (a) Except as provided in paragraphs (b) and (c) of this subdivi- sion, any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed [two] FIVE thousand dollars for every such violation. (b) The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed [five] EIGHT thousand dollars for a subsequent violation if the person committed the same violation, with respect to the same or any other person or persons, within twelve months of the initial violation for which a penalty was assessed pursu- ant to paragraph (a) of this subdivision and said violations were a serious threat to the health and safety of an individual or individuals. (c) The penalty provided for in paragraph (a) of this subdivision may be increased to an amount not to exceed [ten] THIRTEEN thousand dollars if the violation directly results in serious physical harm to any patient or patients. Effective on and after April first, two thousand eight the comptroller is hereby authorized and directed to deposit amounts collected in excess of [two] FIVE thousand dollars per violation to the patient safety center account to be used for purposes of the patient safety center created by title two of article twenty-nine-D of this chapter. S 2. Subdivision 1 of section 12 of the public health law, as amended by chapter 190 of the laws of 1990, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16113-02-0
2009-S7634A (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §309, Pub Health L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3470
2009-S7634A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7634A TITLE OF BILL : An act to amend the public health law, in relation to civil penalties PURPOSE : This bill will align the maximum civil penalties that may be assessed by local boards of health for violations of the State Sanitary Code with the maximum civil penalties that may be assessed by the State for such violations. SUMMARY OF PROVISIONS : Section one amends paragraph (f) of subdivision 1 of section 309 of the public health law, as amended by chapter 15 of the laws of 1995, to provide that a local board of health (LBOH) may impose penalties for the violation of or failure to comply with any of its orders or regulations or any of the regulations of the State Sanitary Code not to exceed $2,000 for a single violation or failure, increased from the current maximum of $1,000 per violation or failure. Section two provides that nothing in this act shall be construed as requiring any LBOH or city to increase any maximum penalty provided in local law or regulation, or to assess any penalty at a higher level than is provided in local law or regulation.
2009-S7634A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7634--A I N S E N A T E April 27, 2010 ___________ Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to civil penalties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (f) of subdivision 1 of section 309 of the public health law, as amended by chapter 15 of the laws of 1995, is amended to read as follows: (f) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the regulations of the state sanitary code, not exceeding [one] TWO thousand dollars for a single violation or failure, to be sued for and recovered by it in any court of competent jurisdiction; and S 2. Nothing in this act shall be construed as requiring any local board of health or city to increase any maximum penalty provided in local law or regulation, or to assess any penalty at a higher level than is provided in local law or regulation. S 3. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to all violations or failures to comply with any code, rule, regulation, order or special direction which occur on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16113-04-0
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