S T A T E O F N E W Y O R K ________________________________________________________________________ 756 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FUSCHILLO, GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to the maximum civil penalties and service by mail provisions of the transit adjudi- cation bureau of the New York city transit authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 5-a of section 1204 of the public authorities 2 law, as amended by chapter 931 of the laws of 1984, is amended to read 3 as follows: 4 5-a. To make, amend and repeal rules governing the conduct and safety 5 of the public as it may deem necessary, convenient or desirable for the 6 use and operation of the transit facilities under its jurisdiction, 7 including without limitation rules relating to the protection or mainte- 8 nance of such facilities, the conduct and safety of the public, the 9 payment of fares or other lawful charges for the use of such facilities, 10 the presentation or display of documentation permitting free passage, 11 reduced fare passage or full fare passage on such facilities and the 12 protection of the revenue of the authority. Violations of such rules 13 shall be an offense punishable by a fine of not exceeding twenty-five 14 dollars or by imprisonment for not longer than ten days, or both, or may 15 be punishable by the imposition by the transit adjudication bureau 16 established pursuant to the provisions of this title of a civil penalty 17 in an amount for each violation not to exceed [one] FIVE hundred dollars 18 (exclusive of interest or costs assessed thereon), in accordance with a 19 schedule of such penalties as may from time to time be established by 20 rules of the authority. Such schedule of penalties may provide for the 21 imposition of additional penalties, not to exceed a total of [fifty] ONE 22 HUNDRED dollars for each violation, upon the failure of a respondent in 23 any proceeding commenced with respect to any such violation to make EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01423-01-3 S. 756 2 1 timely response to or appearance in connection with a notice of 2 violation of such rule or to any subsequent notice or order issued by 3 the authority in such proceeding. There shall be no penalty or increment 4 in fine by virtue of a respondent's timely exercise of his right to a 5 hearing or appeal. The rules may provide, in addition to any other sanc- 6 tions, for the confiscation of tokens, tickets, cards or other fare 7 media that have been forged, counterfeit, improperly altered or trans- 8 ferred, or otherwise used in a manner inconsistent with such rules. 9 S 2. Paragraph b of subdivision 4 of section 1209-a of the public 10 authorities law, as amended by chapter 379 of the laws of 1992, is 11 amended to read as follows: 12 b. To impose civil penalties not to exceed a total of [one] SIX 13 hundred [fifty] dollars for any transit infraction within its jurisdic- 14 tion, in accordance with a penalty schedule established by the authority 15 except that penalties for violations of the health code of the city of 16 New York shall be in accordance with the penalties established for such 17 violations by the board of health of the city of New York, and penalties 18 for violations of the noise code of the city of New York shall be in 19 accordance with the penalties established for such violations by law, 20 and civil penalties for violations of the rules and regulations of the 21 triborough bridge and tunnel authority shall be in accordance with the 22 penalties established for such violations by section [two thousand nine] 23 TWENTY-NINE hundred eighty-five of this chapter; 24 S 3. Paragraphs a and g of subdivision 7 of section 1209-a of the 25 public authorities law, as amended by chapter 379 of the laws of 1992, 26 are amended to read as follows: 27 a. (1) A person charged with a transit infraction returnable to the 28 bureau or a person alleged to be liable in accordance with the 29 provisions of section [two thousand nine] TWENTY-NINE hundred eighty- 30 five of this chapter who contests such allegation shall be advised of 31 the date on or by which he or she must appear to answer the charge at a 32 hearing. Notification of such hearing date shall be given either in the 33 notice of violation or in a form, the content of which shall be 34 prescribed by the executive director or in a manner prescribed in 35 section [two thousand nine] TWENTY-NINE hundred eighty-five of this 36 chapter. Any such notification shall contain a warning to advise the 37 person charged that failure to appear on or by the date designated, or 38 any subsequent rescheduled or adjourned date, shall be deemed for all 39 purposes, an admission of liability, and that a default judgment may be 40 rendered and penalties may be imposed. Where notification is given in a 41 manner other than in the notice of violation, the bureau shall deliver 42 such notice to the person charged, either personally or by [registered 43 or certified] FIRST CLASS mail. 44 (2) Whenever a person charged with a transit infraction or alleged to 45 be liable in accordance with the provisions of section [two thousand 46 nine] TWENTY-NINE hundred eighty-five of this chapter returnable to the 47 bureau requests an alternate hearing date and is not then in default as 48 defined in subdivision six of this section, the bureau shall advise such 49 person personally, or by [registered or certified] FIRST CLASS mail, of 50 the alternate hearing date on or by which he or she must appear to 51 answer the charge or allegation at a hearing. The form and content of 52 such notice of hearing shall be prescribed by the executive director, 53 and shall contain a warning to advise the person charged or alleged to 54 be liable that failure to appear on or by the alternate designated hear- 55 ing date, or any subsequent rescheduled or adjourned date, shall be S. 756 3 1 deemed for all purposes an admission of liability, and that a default 2 judgment may be rendered and penalties may be imposed. 3 (3) Whenever a person charged with a transit infraction or alleged to 4 be liable in accordance with the provisions of section [two thousand 5 nine] TWENTY-NINE hundred eighty-five of this chapter returnable to the 6 bureau appears at a hearing and obtains an adjournment of the hearing 7 pursuant to the rules of the bureau, the bureau shall advise such person 8 personally, or by [registered or certified] FIRST CLASS mail, of the 9 adjourned date on which he or she must appear to answer the charge or 10 allegation at a continued hearing. The form and content of such notice 11 of a continued hearing shall be prescribed by the executive director, 12 and shall contain a warning to advise the person charged or alleged to 13 be liable that failure to appear on the adjourned hearing date shall be 14 deemed for all purposes an admission of liability, and that a default 15 judgment may be rendered and penalties may be imposed. 16 g. After due consideration of the evidence and arguments, the hearing 17 officer shall determine whether the charges or allegations have been 18 established. No charge may be established except upon proof by clear and 19 convincing evidence except allegations of civil liability for violations 20 of triborough bridge and tunnel authority rules and regulations will be 21 established in accordance with the provisions of section [two thousand 22 nine] TWENTY-NINE hundred eighty-five of this chapter. Where the charges 23 have not been established, an order dismissing the charges or allega- 24 tions shall be entered. Where a determination is made that a charge or 25 allegation has been established or if an answer admitting the charge or 26 allegation has been received, the hearing officer shall set a penalty in 27 accordance with the penalty schedule established by the authority, or 28 for allegations of civil liability in accordance with the provisions of 29 section [two thousand nine] TWENTY-NINE hundred eighty-five of this 30 chapter and an appropriate order shall be entered in the records of the 31 bureau. The respondent shall be given notice of such entry in person or 32 by [certified] FIRST CLASS mail. This order shall constitute the final 33 determination of the hearing officer, and for purposes of review it 34 shall be deemed to incorporate any intermediate determinations made by 35 said officer in the course of the proceeding. When no appeal is filed 36 this order shall be the final order of the bureau. 37 S 4. Paragraph d of subdivision 8 of section 1209-a of the public 38 authorities law, as amended by chapter 379 of the laws of 1992, is 39 amended to read as follows: 40 d. Appeals shall be made without the appearance of the appellant and 41 appellant's attorney unless the presence of either or both are requested 42 by the appellant, appellant's attorney, appellant's parent or guardian 43 if appellant is a minor, or the appeals board. Within twenty days after 44 a request for an appearance, made by or for the appellant, appellant's 45 attorney or the board, the bureau shall advise the appellant, either 46 personally or by [registered or certified] FIRST CLASS mail, of the date 47 on which he or she shall appear. The appellant shall be notified in 48 writing of the decision of the appeals board. 49 S 5. This act shall take effect immediately.