Senate Bill S7634

                                 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
              

patients. Additionally, this section amends the provision that
requires the comptroller to deposit to the patient safety center
account to be used for the patient safety center created under public
health law amounts collected in excess of $2,000 per violation to
provide that the comptroller shall deposit amounts collected in excess
of ,$5,000 per violation.

Section two amends subdivision one of section 12 of the public health
law, as amended by chapter 190 of the laws of 1990, by increasing the
maximum civil penalty that the State may impose from $2,000 to $5000
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.

Section three 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 $5,000 for a single violation or failure, increased from the
current maximum of $1,000 per violation or failure.

Section four amends subdivisions 1 and 2 of section 373 of the public
health law, as amended by chapter 15 of the laws of 1995, by providing
that the sanitary code of a city having a population of less than
175,000 may provide for a specific penalty of $5,000, increased from
$1,000, for a violation of its sanitary code; and except where a
specific penalty is provided, a person who violates or fails to comply
with any provision of such city's sanitary code-or of a rule,
regulation, order or special direction made thereunder shall pay to
the. city a penalty of $5,000, increased from $1,000, for each
offense.

Section five 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.

Section six provides the effective date.
 JUSTIFICATION :
Currently there is a disparity in the civil penalty that can be
assessed for a violation of the public health law or regulations or
the State Sanitary Code: the State can impose a penalty of up to
$2,000 whereas an LBOH is limited to a penalty of $1,000. There is no
rational basis for this disparity. Since LBOHs may enforce the State
Sanitary Code, it seems logical that the penalty be uniform for
violations, whether the enforcement is handled at the State leveler at
the local level.

In addition, LBOHs believe that the current maximum penalty of $1,000
reduces their effectiveness in obtaining compliance with important
public health and environmental health regulations. it has become
apparent that the imposition, whether real or threatened, of such a
penalty is inadequate as a deterrent.

It has been 15 years in the case of LBOHs (the maximum civil penalty
of $1,000 was set in 1995) and 20 years in the case of the State (the
maximum civil penalty of $2,000 was set in 1990) since the maximum
civil penalty assessable has been raised. In light of the changing
times and the inflationary conditions over the years, the increase in
penalties is long overdue.

Increasing the maximum civil penalty for violations of the public
health law and regulations and the State Sanitary Code will not only
provide the State and LBOHs with a more effective tool to deter
violations of the law but will also provide the State and local
jurisdictions needed additional revenue.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
The State as well as local jurisdictions that choose to increase their
maximum penalties will derive increased revenues resulting from
increased penalties for violations of public health law and State
Sanitary Code. In addition, the State and local jurisdictions, will be
able to use staff more effectively as staff time dedicated to
enforcement will be saved as a result of improved compliance with the
law.

 EFFECTIVE DATE :
The act shall take effect on the 30th day after it shall have become
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; provided that the amendments to subdivision 1 of
section 12 of the public health law made by section one of this. act
shall be subject to the expiration of such subdivision pursuant to
section 32 of part A of chapter 58 of the laws of 2008, as amended,
when upon such date the provisions of section two of this act will
take effect.