File #: Int 0815-2022    Version: * Name: Relation to the rules of construction for unspecified ranges of civil penalties.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Governmental Operations
On agenda: 11/3/2022
Enactment date: Law number:
Title: A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the rules of construction for unspecified ranges of civil penalties
Sponsors: Julie Menin, Sandra Ung, Gale A. Brewer, Farah N. Louis, Lynn C. Schulman
Council Member Sponsors: 5
Summary: This bill would apply to provisions that set forth a range of penalty amounts for a violation, where there is a specified minimum amount and either a specified maximum or no specified maximum and the provision does not otherwise specify what amount within that range should be imposed. The bill would provide that all such provisions are to be construed as creating a default penalty for a first violation that is the lowest amount in the range. Agencies and officers of the City would not be able to impose any penalty higher than the default amount unless they establish by rule the factors that would justify the imposition of a higher penalty amount.
Attachments: 1. Summary of Int. No. 815, 2. Int. No. 815, 3. November 3, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 11-3-22, 5. Minutes of the Stated Meeting - November 3, 2022, 6. Committee Report 1/30/23, 7. Hearing Testimony 1/30/23, 8. Hearing Transcript 1/30/23

Int. No. 815

 

By Council Members Menin, Ung, Brewer, Louis and Schulman

 

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the rules of construction for unspecified ranges of civil penalties

 

Be it enacted by the Council as follows:

Section 1. Chapter 52 of the New York city charter is amended by adding a new section 1155 to read as follows:

§ 1155. Default civil penalty within unspecified range. a. Definitions. For purposes of this section, the term “unspecified range of penalties” means any provision setting forth a range of civil penalties that meets all of the following criteria:

1. The minimum penalty is greater than zero;

2. The maximum penalty is either specified or unspecified; and

3. The provision does not set forth any aggravating, mitigating, or other factors to guide discretion regarding which penalty amount within the range to impose in a particular situation.

b. For any unspecified range of penalties set forth in this charter, the default civil penalty for a first violation shall be the lowest amount in the range. No agency or officer may impose a civil penalty greater than the default civil penalty for a violation unless the agency establishes by rule the aggravating factors that would justify the imposition of a greater penalty.

§ 2. Chapter 1 of title 1 of the administrative code of the city of New York is amended by adding a new section 1-115 to read as follows:

§ 1-115 Default civil penalty within unspecified range. a. Definitions. For purposes of this section, the term “unspecified range of penalties” means any provision setting forth a range of civil penalties that meets all of the following criteria:

1. The minimum penalty is greater than zero;

2. The maximum penalty is either specified or unspecified; and

3. The provision does not set forth any aggravating, mitigating, or other factors to guide discretion regarding which penalty amount within the range to impose in a particular situation.

b. For any unspecified range of penalties set forth in the code, the default civil penalty for a first violation shall be the lowest amount in the range. No agency or officer may impose a civil penalty greater than the default civil penalty for a violation unless the agency establishes by rule the aggravating factors that would justify the imposition of a greater penalty.

§ 3. This local law takes effect 180 days after it becomes law.

 

 

 

 

 

 

 

 

NAB

LS #9482

10/26/22 2:10PM