S9856 — Imposes corporate fines for violations of certain provisions of law

Summary

Imposes corporate fines for violations of certain provisions of law.

Bill Text

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This bill amends 1 section(s) of the New York Consolidated Laws: Section 71-2703 of the environmental conservation law.

• Section 71-2703 of the environmental conservation law

  chapter subdivision 1 19 19 19 him 19 19 1 1 1 11 19 17 4 3 21 17 21 17 → 6. Corporate liability. Notwithstanding any provision of this section to the contrary, when a corporation is convicted of a crime under this section, the sentence of the court shall be imposed in accordance with section 71-2721 of this title. other than a corporation title italics 3. When a corporation is convicted of a crime under the provisions of this title, the sentence of the court shall be as follows: (a) A fine, as set forth in subdivision four of this section; (b) Following a hearing in accordance with the procedures set forth in section 71-2723 of this title, payment of the cost of legally disposing of the hazardous waste unlawfully possessed and restoring to its original state the area where substances were released unlawfully in violation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of this chapter; (c) Any other sentence authorized by law; or (d) Any combination of such fine, payment of the cost of disposal and restoration, and any other sentence authorized by law. 4. Corporate fines. A sentence to pay a fine shall be a sentence to pay an amount fixed by the court, not exceeding the higher of: (a) Three million dollars for a class C felony; (b) Two million five hundred thousand dollars for a class D felony; (c) One million five hundred thousand dollars for a class E felony; (d) Three hundred seventy-five thousand dollars for a class A misde- meanor; (e) One hundred fifty thousand dollars for a class B misdemeanor; or (f) Three times the amount of the defendant's gain from the commission of the crime. of this title other than a corporation subdivisions one and five nineteen of this chapter 5. Except as provided in section 71-2113 of this title, any corpo- ration that violates any provision of article nineteen of this chapter or any code, rule or regulation which was promulgated pursuant thereto; or any order except an order directing such corporation to pay a penalty by a specified date issued by the commissioner pursuant thereto, shall be liable, in the case of a first violation, for a penalty not less than five thousand dollars nor more than one hundred eighty thousand dollars for said violation and an additional penalty of not to exceed one hundred fifty thousand dollars for each day during which such violation continues. In the case of a second or any further violation, the liabil- ity shall be for a penalty not to exceed two hundred sixty thousand dollars for said violation and an additional penalty not to exceed two hundred twenty-five thousand dollars for each day during which such violation continues. In addition thereto, such corporation may be enjoined from continuing such violation as hereinafter provided. of this title other than a corporation nineteen of this chapter nineteen of this chapter of this chapter the District Attorney 5. Except as provided in section 71-2113 of this title, any corpo- ration who shall wilfully violate any of the provisions of article nine- teen of this chapter or any code, rule or regulation promulgated pursu- ant thereto or any final determination or order of the commissioner made pursuant to article nineteen of this chapter shall be guilty of a misde- meanor, and, upon conviction thereof, shall be punished by a fine, in the case of a first conviction, of not less than five thousand dollars nor more than one hundred eighty thousand dollars for each separate violation. If the conviction is for an offense committed after the first conviction of such corporation under this subdivision, such corporation shall be punished by a fine not to exceed two hundred sixty thousand dollars. Each day on which such violation occurs shall constitute a separate violation. 1. other than a corporation of this chapter 2. Any corporation who violates any of the provisions of any regu- lation promulgated by the commissioner under authority of paragraph y of subdivision one of section 3-0301 of this chapter shall be liable for a civil penalty of not more than twenty-five thousa

  amended

Action History

1. April 08, 2026

   REFERRED TO ENVIRONMENTAL CONSERVATION

Sponsors

• Zellnor Myrie · Primary

Subjects