Relates to failure to pay statutory inspection fees.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Ritchie
TITLE OF BILL: An act to amend the labor law, in relation to failure to pay statutory inspection fees
Purpose of the Bill: This bill would restructure the timing and fee amount for the additional fees charged when inspections fees for boilers and places of assembly are not paid in a timely manner.
Summary of Provisions:
Section 1 of the bill amends Labor Law § 216 to reduce the additional fees due for late payment of inspection fees for boilers and places of assembly so that an additional fee equal to the invoice would be paid only if the invoice were paid after 45 days from the date of the invoice, an additional fee of two times the invoice would be paid if the invoice were paid after 60 days from the date of the invoice and an additional fee of three times the invoice amount if the invoice were paid after 180 days of the date of the invoice.
Section 2 of the bill provides that the bill would be effective 90 days after becoming law.
Existing Law: Labor Law § 216 requires owners and lessees of boilers to pay an additional fee equal to three times the amount of the inspection fee for boilers and places of assembly if the inspection fee is not paid within thirty days of the date of inspection.
Prior Legislative History: This is a new bill.
Statement in Support: Labor Law § 204 governs inspections of boilers. Owners and lessees of boilers including local municipalities are subject to inspections of particular types of boilers annually or biannually, depending on the type of inspection. Labor Law § 473 governs inspections of places of public assembly. Before use, areas of public assembly must file plans that are inspected by the Department of Labor. Additional inspections for areas of public assembly may be performed not more than twice a year after the initial inspection, if circumstances warrant such an inspection. The Labor Law requires that regulated entities pay a fee for such inspections. The Labor Law also provides for additional fees in the event the inspection fee is not paid in a timely manner.
This bill would provide relief for regulated entities by providing for a longer grace period for the payment of fees and by lowering the additional fees charged for late payment of inspection fees associated with the inspection of boilers.
Fiscal Implications: This bill would result in reduced payments to the general fund.
Effective Date: This bill would take effect 90 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 4953 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________Introduced by Sen. SAVINO -- (at request of the Department of Labor) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to failure to pay statutory inspection fees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 216 of the labor law, as added by chapter 449 of the laws of 1968, is amended to read as follows: S 216. Failure to pay statutory inspection fees. Any person who fails to pay the statutory fees for the inspection of boilers, as provided in SUBDIVISION THREE OF section two hundred four
[, subdivision three,]of this article or the statutory fees for the inspection of places of public assembly, as provided in SUBDIVISION TWO OF section four hundred seventy-three [, subdivision two,]of this article [, within thirty days]after written notice that such fees are due and payable, shall pay an additional amount equal to [three times]the amount specified in the written notice as being due and payable IF SUCH STATUTORY FEE IS NOT RECEIVED WITHIN FORTY-FIVE DAYS FROM THE DATE ON THE WRITTEN NOTICE, TWO TIMES THE AMOUNT SPECIFIED IN THE WRITTEN NOTICE AS BEING DUE AND PAYA- BLE IF SUCH STATUTORY FEE IS NOT RECEIVED WITHIN SIXTY DAYS FROM THE DATE OF THE WRITTEN NOTICE, OR THREE TIMES THE AMOUNT SPECIFIED IN THE WRITTEN NOTICE AS BEING DUE AND PAYABLE IF SUCH STATUTORY FEE IS NOT RECEIVED WITHIN ONE HUNDRED EIGHTY DAYS FROM THE DATE ON THE WRITTEN NOTICE. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09002-01-3