Int 0815-2022
Relation to the rules of construction for unspecified ranges of civil penalties.
IntroductionFiledCommittee on Governmental Operationsintroduced 2022-11-03
Filed — closed without being enacted.
Official record · Legistar
Agenda: 2022-11-03Passed: 2023-12-31
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.
Committee on Governmental Operations — Municipal governmental structure and organization, Department of Citywide Administrative Services, Office of Administrative Trials and Hearings, Community Boards, Tax Commission, Board of Standards and Appeals, Campaign Finance Board, Board of Elections, Voter Assistance Commission, Commission on Public Information and Communication, Department of Records and Information Services, Financial Information Services Agency and Law Department.
How it compares
28% of similar bills passed
14 passed · 36 died
This bill: 423 days in committee
Similar bills: median 643 days · 149 days when passed
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Sponsors (5)
Lifecycle
IntroducedIntroduced by Council
2022-11-03 · City Council
ActionReferred to Comm by Council
2022-11-03 · City Council
HeardHearing Held by Committee
2023-01-30 · Committee on Governmental Operations
HeldLaid Over by Committee
2023-01-30 · Committee on Governmental Operations
HeardHearing Held by Committee
2023-01-30 · Committee on Small Business
HeldLaid Over by Committee
2023-01-30 · Committee on Small Business
ClosedFiled (End of Session)
2023-12-31 · City Council
Heard at (5)
Committee on Governmental Operations · 2023-01-30 · 1:00 PM · Committee Room - City Hall
Committee on Small Business · 2023-01-30 · 1:00 PM · Committee Room - City Hall
Committee on Governmental Operations · 2023-01-26 · 1:00 PM · Committee Room - City Hall
Committee on Small Business · 2023-01-26 · 1:00 PM · Committee Room - City Hall
City Council · 2022-11-03 · 1:30 PM · Council Chambers - City Hall
Attachments (8)
- Summary of Int. No. 815
- Int. No. 815
- November 3, 2022 - Stated Meeting Agenda
- Hearing Transcript - Stated Meeting 11-3-22
- Minutes of the Stated Meeting - November 3, 2022
- Committee Report 1/30/23
- Hearing Testimony 1/30/23
- Hearing Transcript 1/30/23
Full text
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
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