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S07753 Summary:

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S07753 Floor Votes:

S07753 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7753
 
                    IN SENATE
 
                                       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 one-
    15  quarter of such fines and penalties received shall be paid to the gener-
    16  al fund to the credit of the state purposes account.
    17    § 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