Bill Text: NY S07753 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to local enforcement by county health commissioners of bulk storage of petroleum and the collection of fines and penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-10-01 - SIGNED CHAP.543 [S07753 Detail]

Download: New_York-2009-S07753-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7753
                                   I N  S E N A T E
                                      May 6, 2010
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation
       AN ACT to amend the environmental conservation law, in relation to local
         enforcement by county health commissioners of the control of the  bulk
         storage of petroleum and the collection of fines and penalties
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3  of  section  71-1939  of  the  environmental
    2  conservation  law is renumbered subdivision 4 and a new subdivision 3 is
    3  added to read as follows:
    4    3. A. THE HEALTH COMMISSIONER OF ANY COUNTY WHICH HAS BEEN APPROVED BY
    5  THE COMMISSIONER PURSUANT TO SECTION 17-1017 OF THIS CHAPTER TO ADMINIS-
    6  TER AND ENFORCE A LOCAL LAW OR ORDINANCE RELATED TO  THE  PROVISIONS  OF
    7  TITLE  TEN OF ARTICLE SEVENTEEN OF THIS CHAPTER IS HEREBY AUTHORIZED AND
    8  EMPOWERED TO BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
    9  THE  RECOVERY  OF  ANY PENALTY PROVIDED IN SECTION 71-1929 OF THIS TITLE
   10  FOR ANY VIOLATION OF TITLE TEN OF  ARTICLE  SEVENTEEN  OF  THIS  CHAPTER
   11  OCCURRING  IN  THE  COUNTY  IN  WHICH THE COUNTY HEALTH COMMISSIONER HAS
   12  JURISDICTION.
   13    B. ALL FINES AND PENALTIES  COLLECTED  PURSUANT  TO  THIS  SUBDIVISION
   14  SHALL  BE  PAID  TO  THE  DISTRICT  OR  COUNTY,  PROVIDED, HOWEVER, THAT
   15  ONE-QUARTER OF SUCH FINES AND PENALTIES RECEIVED SHALL BE  PAID  TO  THE
   16  GENERAL FUND TO THE CREDIT OF THE STATE PURPOSES ACCOUNT.
   17    S  2. This act shall take effect on the first of January next succeed-
   18  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16993-02-0