§ 200 — Collection of penalties

§ 200. Collection of penalties. 1. An action to recover any penalty\nimposed under the provisions of this chapter, except penalties imposed\nunder article six, may be brought in any court of competent jurisdiction\nin this state on order of the commissioner and in the name of the people\nof the state of New York. In any such action all penalties incurred up\nto the time of commencing the action may be sued for and recovered\ntherein and the commencement of an action to recover any such penalty\nshall not be, or be held to be, a waiver of the right to recover any\nother penalty. In case of recovery of any amount in an action brought to\nrecover any such penalty the people shall be entitled to recover full\ncosts, of course, and at the rates provided for civil actions.\n 2. Judgments recovered may be enforced by contempt. A person taken\ninto custody shall be confined for not less than one day, and at the\nrate of one day for each dollar of the amount of the judgment recovered.\nNo person shall be imprisoned more than once, or for more than six\nmonths on the same judgment. Imprisonment shall not operate to satisfy\na judgment.\n 3. No person shall be excused from testifying or producing any books,\npapers or other documents in any civil action to recover any such\npenalty, upon the ground that his testimony might tend to convict him of\na crime, or to subject him to a penalty or forfeiture. But no person\nshall be prosecuted, punished, or subjected to any penalty or forfeiture\nfor or on account of any act, transaction, matter or thing concerning\nwhich he shall, under oath, have testified or produced documentary\nevidence and no testimony so given or produced shall be received against\nhim upon any criminal investigation or proceeding; provided, however,\nthat no person so testifying shall be exempt from prosecution or\npunishment for any perjury committed by him in his testimony. Nothing\nherein contained is intended to give, or shall be construed as in any\nmanner giving, unto any corporation, immunity of any kind.\n 4. A person who has violated any of such provisions and who desires to\ncompromise and settle his civil liability therefor may appear with the\ninspector before a court or justice having jurisdiction in civil\nactions, and thereupon such person may upon consent of the inspector,\ncompromise and settle his liability for such civil penalties for an\namount agreed upon between said court or justice, the inspector and the\nperson who committed such violation, which amount shall be not less than\nten dollars nor more than the amount for which such person would be\nliable in a civil action for penalties. If such compromise be made, such\nperson shall forthwith subscribe his name to a statement setting forth\nconcisely the facts constituting such violation, the amount agreed upon,\nand that a judgment may be entered against him for that sum. Upon said\nstatement being sworn to before and filed with said court or justice, he\nshall forthwith enter in his civil docket a record of the proceedings\nand the amount of the judgment. Said court or justice shall upon the\nentry of said judgment be entitled to a fee of two dollars and fifty\ncents to be paid by the person who committed such violation. A judgment\nentered into pursuant to this subdivision may be enforced by an\nexecution against the property of the defendant; but no body execution\nshall be issued thereon.\n 5. The court or justice before whom any person shall be tried or\nbefore whom a compromise of the civil penalties shall have been made, or\nthe clerk of the court, if there be a clerk, shall at the termination of\nsuch trial or proceeding, forthwith mail or deliver to the department at\nAlbany, a certified statement of the disposition of the case or\nproceeding, giving the date thereof, the name of the defendant, the date\nand place of the violation, the name of each witness sworn in support of\nthe charges and the costs of the court or fees of the justice, the fees\nof the constable or other peace officer, police officer or traveling\nnavigation inspector, if any, together with the amount of the penalty\npaid.\n 6. The provisions of this section shall in no way prohibit the\nprosecution of violations of this chapter in any court of competent\njurisdiction in the same manner as other offenses and crimes.\n