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.
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