Bill Text: NY S02196 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the adjudication of toll collection violations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S02196 Detail]
Download: New_York-2015-S02196-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2196 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ Introduced by Sen. CARLUCCI -- 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 adjudication of toll collection violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 2985 of the public authorities law is amended by 2 adding three new subdivisions 15, 16 and 17 to read as follows: 3 15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT 4 TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY, BRIDGE 5 OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN 6 ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER 7 THAT HAS VIOLATED TOLL COLLECTION REGULATIONS. 8 16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST 9 CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF 10 COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS 11 PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE 12 OF ELECTRONIC NOTICE. 13 17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE 14 AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN 15 ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR 16 VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE 17 WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS 18 OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION 19 OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS- 20 DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME 21 TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE 22 PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN 23 THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE 24 COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03426-01-5 S. 2196 2 1 ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR- 2 INGS VIA VIDEOCONFERENCING. 3 S 2. Subdivision 10 of section 1209-a of the public authorities law, 4 as amended by chapter 379 of the laws of 1992, is amended to read as 5 follows: 6 10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES 7 COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN 8 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-NINE HUNDRED 9 EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the 10 provisions of this section shall be paid to the authority to the credit 11 of a transit crime fund which the authority shall establish. Any sums in 12 this fund shall be used to pay for programs selected by the board of the 13 authority, in its discretion, to reduce the incidence of crimes and 14 infractions on transit facilities, or to improve the enforcement of laws 15 against such crimes and infractions. Such funds shall be in addition to 16 and not in substitution for any funds provided by the state or the city 17 of New York for such purposes. 18 S 3. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law.