§ 116. Reports of common carriers. Every common carrier shall file an
annual report with the commissioner verified by the oath of the
president, vice-president, treasurer, secretary, general manager or
receiver, if any, of such carrier or by the person required to file the
same. The verification shall be made by said official holding office at
the time of the filing of the said report, and if not made upon the
knowledge of the person verifying the same shall set forth the sources
of his information and the grounds of his belief as to any matters not
stated to be verified upon his knowledge. The commissioner shall
prescribe the form of such reports and the character of the information
to be contained therein, and may from time to time make such changes and
such additions in regard to form and contents thereof as he may deem
proper, and on or before June thirtieth in each year shall furnish a
blank form for such annual reports to every such carrier and person. The
contents of such report and the form thereof shall conform in the case
of railroad companies as nearly as may be to that required of common
carriers under the provisions of the act of congress, entitled "An act
to regulate commerce," approved February fourth, eighteen hundred and
eighty-seven, and the acts amendatory thereof and supplementary thereto.
The commissioner may require such report to contain information in
relation to rates or regulations concerning fares or freights,
agreements or contracts affecting the same, so far as such rates or
regulations pertain to transportation within the state. When the report
of any such carrier or person is defective, or believed to be erroneous,
the commissioner shall notify the carrier or person to amend the same
within a time prescribed by the commissioner. The originals of the
reports, subscribed and sworn to as prescribed by law, shall be
preserved in the office of the commissioner. The commissioner may also
require such carriers and persons to file periodic reports in the form,
covering the period and at the time prescribed by the commissioner. The
commissioner may require of any such carrier or person specific answers
to questions upon which the commissioner may need information. The
annual report required to be filed by a common carrier shall be so filed
at the time prescribed by the commissioner or within such extended time
as the commissioner shall allow. If such carrier or person shall fail to
make and file the annual report within the time above specified or
within the time as extended by the commissioner, or shall fail to amend
such report within such reasonable time as may be prescribed by the
commissioner, or shall fail to make specific answer to any question, or
shall fail to make the periodic reports when required by the
commissioner as herein provided, within the time and in the form
prescribed by the commissioner for the making and filing of any such
report or answer, such carrier or person shall forfeit to the state the
sum of one hundred dollars for each and every day it shall continue to
be in default with respect to such annual report, amendment, answer or
periodic report. Such forfeiture shall be recovered in an action brought
by the commissioner in the name of the people of the state of New York.
The amount recovered in any such action shall be paid into the state
treasury and credited to the general fund.