Bill Text: NY S08089 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the Move New York Fair Plan; creates a Move New York mobility fund, provides for outer bridges to be tolled in accordance with a specified ratio, provides for a taxi surcharge on certain vehicles, rescinds certain provisions of the tax law, establishes authority for the receipt and disbursement of realized funds; and directs the metropolitan transportation authority to contract with a certified public accounting firm for the conducting of an independent forensic audit of such authority.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2016-06-11 - REFERRED TO RULES [S08089 Detail]
Download: New_York-2015-S08089-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8089 IN SENATE June 11, 2016 ___________ Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to establishing the Move New York Fair Plan; to amend the state finance law, in relation to establishing the Move New York mobility fund; to amend the public authorities law, in relation to the collection and disbursement of the funds of such plan; to amend the executive law, in relation to diversion of metropolitan transportation authority funds; to amend the tax law, in relation to rescinding certain tax exemptions; and to amend the public authorities law, in relation to directing the metro- politan transportation authority to contract for the provision of an independent forensic audit of such authority; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 article 44-B to read as follows: 3 ARTICLE 44-B 4 MOVE NEW YORK FAIR PLAN 5 Section 1701. Definitions. 6 1702. Authorization and establishment of the Move New York Fair 7 Plan. 8 1703. Move New York toll swap. 9 1704. Violations and enforcement. 10 1705. Disposition of revenue and penalties. 11 1706. Rulemaking authority. 12 § 1701. Definitions. For the purposes of this article, the following 13 terms shall have the following meanings: 14 1. "City" means the city of New York. 15 2. "Department" means the department of transportation of the city of 16 New York. 17 3. "Electronic fee collection system" means a system of collecting 18 fees which is capable of charging an account holder the appropriate fee 19 by transmission of information from an electronic device in or on a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13366-16-6S. 8089 2 1 vehicle to a device sensor, which information is used to charge the 2 appropriate fee. 3 4. "Move New York mobility fund" means the fund of the same name 4 established in section ninety-seven-pppp of the state finance law. 5 5. "Move New York toll swap" means the imposition of tolls on current- 6 ly free crossings that lead into that area within the borough of Manhat- 7 tan south of but excluding 60th Street and the reduction of tolls on the 8 metropolitan transportation authority's existing seven tolled bridges 9 specified in subdivision four of section seventeen hundred three of this 10 article. 11 6. "Operation date" means the date determined by the department and 12 the Triborough bridge and tunnel authority for the beginning of the 13 operation and enforcement of the Move New York toll swap, but in no case 14 later than January first, two thousand nineteen. 15 7. "Owner" means any person, corporation, partnership, firm, agency, 16 association, lessor, or organization who at the time a vehicle is oper- 17 ated: (a) is the beneficial or equitable owner of such vehicle; (b) has 18 title to such vehicle; (c) is the registrant or co-registrant of such 19 vehicle which is registered with the department of motor vehicles of 20 this state or any other state, territory, district, province, nation or 21 other jurisdiction; (d) uses such vehicle in its vehicle renting and/or 22 leasing business; or (e) is an owner of such vehicle as defined by 23 section one hundred twenty-eight or subdivision (a) of section twenty- 24 one hundred one of this chapter. 25 8. "Parking violations bureau" means the parking violations bureau 26 created in the department pursuant to section 19-201 of the administra- 27 tive code of the city of New York. 28 9. "Vehicle-monitoring system" means a vehicle sensor installed at 29 newly tolled crossings, pursuant to this article, to work in conjunction 30 with photographic or other recording equipment which automatically 31 produces one or more photographs, one or more microphotographs, a vide- 32 otape, digital record or other recorded images of a vehicle entering or 33 exiting the perimeter established by such new tolls. 34 § 1702. Authorization and establishment of the Move New York Fair 35 Plan. 1. The New York city department of transportation and the metro- 36 politan transportation authority are hereby authorized and shall, 37 subject to the completion of any environmental review required by law or 38 regulation, establish and administer the provisions of this article to 39 be known as the Move New York Fair Plan subject to and conditional upon 40 the establishment and continuation of tolls by the Triborough bridge and 41 tunnel authority as set forth in this section. 42 2. The plan shall commence on the operation date as determined by 43 agreement between the department and the Triborough bridge and tunnel 44 authority. 45 3. Contracting and employment created through the implementation of 46 this plan shall be required to comply with article fifteen-A of the 47 executive law or the most current minority and women-owned business 48 contracting provisions. 49 § 1703. Move New York toll swap. 1. The department shall install and 50 operate an electronic fee collection system and a vehicle-monitoring 51 system or utilize any other technological means to effectuate the 52 provisions of this article at points of entry specified in paragraphs 53 (a) and (b) of this subdivision. The department shall determine the 54 appropriate placement of such systems so as to identify vehicles enter- 55 ing and exiting the perimeter created by the points specified by para- 56 graphs (a) and (b) of this subdivision so as to utilize the electronicS. 8089 3 1 fee collection and vehicle-monitoring system, provided that such systems 2 shall be technologically compatible with the analogous systems used by 3 the Triborough bridge and tunnel authority at the facilities identified 4 in paragraph (c) of this subdivision (such that the systems will be 5 interoperable and customers will utilize the same transponders or other 6 means of identification) and be placed at the following locations: 7 (a) at each intersection of East or West 60th Street with each north- 8 bound or southbound roadway that crosses East or West 60th Street in the 9 borough of Manhattan, including where 60th Street would intersect both 10 Franklin Delano Roosevelt Drive and Route 9A if it extended east to the 11 East River and west to the Hudson River, such that any vehicle traveling 12 in a northerly or southerly direction and passing over East or West 60th 13 Street, as described above, will be monitored and eligible for tolling; 14 (b) the Brooklyn Bridge, the Ed Koch Queensboro Bridge, the Manhattan 15 Bridge, and the Williamsburg Bridge; and 16 (c) the Brooklyn Battery Tunnel and the Queens Midtown Tunnel. 17 (d) Notwithstanding the opening paragraph of this subdivision, the 18 department shall not place such systems at the Lincoln Tunnel, the 19 Holland Tunnel or any other crossing not otherwise named in this subdi- 20 vision. 21 2. The cost of tolls at points of entry specified in paragraphs (a), 22 (b), and (c) of subdivision one of this section shall be uniform and 23 equal to those tolls established from time to time by the Triborough 24 bridge and tunnel authority at the locations specified in paragraph (c) 25 of subdivision one of this section. And in accordance with the passage 26 of this legislation, tolls shall be reduced at those locations specified 27 in paragraph (c) of subdivision one of this section by 9.75% percent at 28 the time the Move New York toll swap is implemented. Such tolls and all 29 other tolls at the facilities of the Triborough bridge and tunnel 30 authority may thereafter be adjusted from time to time as determined by 31 the Triborough bridge and tunnel authority, subject to legislative 32 approval, and in accordance with those procedures applicable to the 33 setting of tolls for authority facilities generally. 34 2-a. Notwithstanding the provisions of subdivision two of this 35 section, the toll charged for westbound vehicles utilizing the north- 36 bound exit of the Ed Koch Queensboro Bridge shall be fifty-five percent 37 of the cost charged at all other points of entry on such bridge. 38 3. Tolls collected at points of entry specified in paragraphs (a) and 39 (b) of subdivision one of this section shall, excepting revenue derived 40 from tolls on facilities operated by the Triborough bridge and tunnel 41 authority, be transferred into the Move New York mobility fund estab- 42 lished by section ninety-seven-pppp of the state finance law. All 43 revenue collected from the tolls at points of entry specified in para- 44 graph (c) of subdivision one of this section shall continue to be 45 collected and retained by the Triborough bridge and tunnel authority. 46 4. The tolls at the points of entry specified in paragraphs (a) and 47 (b) of subdivision one of this section shall be imposed as of the opera- 48 tion date, and maintained thereafter, only if, simultaneously, the then- 49 prevailing tolls at the following locations are lowered and maintained 50 thereafter by the Triborough bridge and tunnel authority in accordance 51 with the provisions of subdivision five of this section: 52 (a) Henry Hudson bridge; 53 (b) Triborough bridge; 54 (c) Whitestone bridge; 55 (d) Throgs Neck bridge; 56 (e) Cross Bay Veterans memorial bridge;S. 8089 4 1 (f) Marine parkway-Gil Hodges memorial bridge; and 2 (g) Verrazano bridge. 3 5. The price of the tolls at the point of entry specified by: 4 (a) Paragraph (a) of subdivision four of this section shall be uniform 5 and not more than twenty-eight percent of the electronic direct-pay 6 rate, or fifty-six percent of the cost of the pay-by-mail rate, that 7 would be charged to a vehicle at the tolls at the points of entry speci- 8 fied in paragraphs (a), (b) and (c) of subdivision one of this section; 9 (b) Paragraphs (b), (c), (d) and (g) of subdivision four of this 10 section shall be uniform and not more than fifty-five percent of the 11 electronic direct-pay rate, or sixty percent of the cost of the toll-by- 12 mail rate, that would be charged to a vehicle at the tolls at the points 13 of entry specified in paragraphs (a), (b) and (c) of subdivision one of 14 this section; and 15 (c) Paragraphs (e) and (f) of subdivision four of this section shall 16 be uniform and not more than twenty percent of the electronic direct-pay 17 rate, or thirty-four percent of the cost of the toll-by-mail rate, that 18 would be charged to a vehicle at the tolls at the points of entry speci- 19 fied in paragraphs (a), (b) and (c) of subdivision one of this section. 20 (d) For those bridges where a governor-approved resident toll discount 21 is currently in effect, such discount shall be made permanent, and any 22 resident rate for those same crossings shall be fifty percent of the 23 standard toll under this plan for those vehicles equipped with electron- 24 ic, onsite, direct payment technology. 25 6. In the event that the Triborough bridge and tunnel authority fails 26 to establish and maintain tolls at the facilities specified in para- 27 graphs (a) through (g) of subdivision four of this section at levels 28 consistent with the ratios established by subdivision five of this 29 section, then the authority to establish and maintain tolls at the 30 facilities specified in paragraphs (a) and (b) of subdivision one of 31 this section shall lapse and be of no force and effect. Vehicles regis- 32 tered in any borough that lacks subway service to the central business 33 district which are traveling to or from the central business district, 34 shall be limited to one toll per direction so long as the vehicle in 35 question is using E-ZPass or other form of instant, onsite payment and 36 that the second tolled facility the driver may cross is reached within 37 three hours of the first tolled facility in that direction being 38 crossed, where the tolled facilities in question are those specified in 39 paragraphs (a) and (b) of subdivision one and paragraph (g) of subdivi- 40 sion four of this section. 41 7. (a) The New York city taxi and limousine commission, pursuant to an 42 agreement to be entered into with the Move New York Highway and Transit 43 Authority, but in no case later than January first, two thousand nine- 44 teen shall be authorized to impose and shall impose a surcharge on all 45 taxis, black cars, liveries and for-hire vehicles licensed by the New 46 York city taxi and limousine commission picking up or discharging 47 passengers within the hail exclusionary zone as defined by the taxi and 48 limousine commission. 49 (b) Such charge shall be determined as follows: twelve cents per two 50 tenths of one mile traveled at a speed of six miles per hour or more 51 plus twenty cents per two tenths of one mile traveled at a speed of less 52 than six miles per hour, within the hail exclusionary zone as defined by 53 the taxi and limousine commission. The charges specified herein shall 54 vary according to subdivision ten of this section. Such charges may be 55 adjusted upward from time to time by the city taxi and limousine commis- 56 sion.S. 8089 5 1 (c) All charges under this subdivision shall be collected by the taxi 2 and limousine commission and remitted to the Move New York Highway and 3 Transit Authority on a quarterly basis. 4 (d) Notwithstanding any contrary provision of law, any for hire vehi- 5 cle or taxi subject to the surcharge specified by subdivision seven of 6 this section shall be exempt from the tolls specified in paragraphs (a), 7 (b) and (c) of subdivision one of this section. 8 8. (a) A commercial vehicle, as defined by the New York city traffic 9 rules, equipped with an operational commercial E-ZPass, shall only be 10 charged a single round trip toll per day notwithstanding the number of 11 times such vehicle may cross the perimeter of the tolls established by 12 this section. 13 (b) All vehicles and vehicle types or classes shall pay the new toll 14 crossings with the exception of emergency vehicles and New York city 15 government vehicles as may be provided pursuant to the rule making 16 authority of the Move New York Highway and Transit Authority Board. 17 9. It shall be a violation of this section for the owner of any vehi- 18 cle subject to a toll charge pursuant to this article or any surcharge 19 pursuant to subdivision seven of this section to fail to pay such toll 20 charge or surcharge to the department within thirty days after the end 21 of a day in which the vehicle has incurred such toll charge or surcharge 22 pursuant to this section or within fifteen days of receiving written 23 notice, whichever is later. 24 10. The department by agreement with the Move New York Highway and 25 Transit Authority and the Triborough bridge and tunnel authority is 26 hereby authorized to establish a demand-based pricing scheme whereby 27 tolls shall be higher during times of heavy traffic volume and lower 28 during times of lighter traffic volume, provided, however, that in all 29 cases revenue raised from the fees established by this section shall 30 meet the revenue that would have been raised if rates did not change 31 throughout the day, as provided for in this section of this article. 32 Nothing herein is intended nor shall it be construed to limit or modi- 33 fy the authority and power of the Triborough bridge and tunnel authority 34 to establish tolls at its own facilities. 35 § 1704. Violations and enforcement. 1. Notwithstanding any other 36 provision of law, violations of this article shall be adjudicated pursu- 37 ant to this section. The owner of a vehicle shall be liable for a penal- 38 ty imposed pursuant to this section if such vehicle was used or operated 39 with the permission of the owner, expressed or implied, in violation of 40 this article, and such violation is evidenced by information obtained 41 from a vehicle-monitoring system or other credible evidence. 42 2. A certificate, sworn to or affirmed by a technician employed or 43 contracted by the city, or a facsimile or electronic image thereof, 44 based upon inspection of photographs, microphotographs, videotape, 45 digital record, digital recording or other recorded images produced by a 46 vehicle-monitoring system shall be prima facie evidence of the facts 47 contained therein. Any photographs, microphotographs, videotape, digital 48 recording, digital record, or other recorded images evidencing such a 49 violation shall be available for inspection in any proceeding to adjudi- 50 cate the liability for such violation pursuant to this section. 51 3. Notwithstanding any other provision of law, an owner liable for a 52 violation of this article shall be liable for monetary penalties in 53 accordance with the following initial schedule: 54 (a) for failure to respond to written 55 notice within thirty days ....................... Fifty dollars 56 (b) for failure to respond to writtenS. 8089 6 1 notice within sixty days .................. One hundred dollars 2 (c) for failure to respond to written 3 notice within ninety or more days ... One hundred fifty dollars 4 The department of finance of the city of New York or the parking 5 violations bureau shall adjudicate liability imposed by this section. 6 4. An imposition of liability pursuant to this section shall not be 7 deemed a conviction as an operator and shall not be made part of the 8 operating record of the person upon whom such liability is imposed nor 9 shall it be used for insurance purposes in the provision of motor vehi- 10 cle insurance coverage. 11 5. A notice of liability shall be sent by first class mail to each 12 person alleged to be liable as an owner for a violation of this article. 13 Personal service on the owner shall not be required. A manual or auto- 14 matic record of mailing prepared in the ordinary course of business 15 shall be prima facie evidence of the facts contained therein. The notice 16 of liability shall contain the following information: 17 (a) the name and address of the person alleged to be liable as an 18 owner for a violation of this article; 19 (b) the registration number of the vehicle involved in such violation; 20 (c) the date, time, and location or locations where such violation 21 took place; 22 (d) the identification number of the vehicle-monitoring system or 23 other document locator number; 24 (e) information advising the person charged of the manner and time in 25 which he or she may contest the liability alleged in the notice; and 26 (f) a warning to advise the person charged that failure to contest in 27 the manner and time provided shall be deemed an admission of liability, 28 may subject the person to additional penalties, and that a default judg- 29 ment may be issued thereon. 30 6. If the evidence of the violation is derived from an official source 31 other than the vehicle-monitoring system, such as from an employee of 32 the police department of the city, the notice shall contain sufficient 33 information detailing the name and title of the city employee who 34 observed the violation in addition to the information described in 35 subdivision five of this section. 36 7. If an owner receives a notice of liability pursuant to this section 37 for any time period during which the vehicle was reported to the police 38 department as having been stolen, it shall be a valid defense to an 39 allegation of liability for a violation of this article that the vehicle 40 had been reported to the police as stolen prior to the time the 41 violation occurred and had not been recovered by such time. For purposes 42 of asserting the defense provided by this subdivision it shall be suffi- 43 cient that a certified copy of the police report on the stolen vehicle 44 be sent by first class mail to the department of finance or parking 45 violations bureau. 46 8. (a) An owner who is a lessor of a vehicle to which a notice of 47 liability was issued pursuant to subdivision five of this section shall 48 not be liable for the violation of this article provided that: 49 (i) prior to the violation the lessor has filed with the department of 50 finance of the city of New York or the parking violations bureau and 51 paid the required filing fee in accordance with the provisions of 52 section two hundred thirty-nine of this chapter; and 53 (ii) within thirty-seven days after receiving notice from the depart- 54 ment of finance of the city of New York or the parking violations bureau 55 of the date and time of a liability, together with the other information 56 contained in the original notice of liability, the lessor submits to theS. 8089 7 1 department of finance of the city of New York or the parking violations 2 bureau the correct name and address of the lessee of the vehicle identi- 3 fied in the notice of liability at the time of such violation, together 4 with such other additional information contained in the rental lease or 5 other contract document, as may be reasonably required by the department 6 of finance of the city of New York or the parking violations bureau 7 pursuant to regulations that may be promulgated for such purpose. 8 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this 9 subdivision shall render the owner liable for the penalty prescribed in 10 this section. 11 (c) Where the lessor complies with the provisions of this subdivision, 12 the lessee of such vehicle on the date of such violation shall be deemed 13 to be the owner of such vehicle for purposes of this section, and such 14 lessee shall be subject to liability for a violation of this article and 15 shall be sent a notice of liability pursuant to subdivision four of this 16 section. 17 9. If the owner liable for a violation of this article was not the 18 operator of the vehicle at the time of the violation, the owner may 19 maintain an action for indemnification against the operator. 20 10. Notwithstanding any other provision of this section, no owner of a 21 vehicle shall be subject to a penalty imposed pursuant to this section 22 if the operator of such vehicle was operating such vehicle without the 23 consent of the owner at the time such operator committed a violation of 24 this article. For the purposes of this subdivision, there shall be a 25 presumption that the operator of such vehicle was operating such vehicle 26 with the consent of the owner at the time such operator committed a 27 violation of this article. 28 11. Nothing in this section shall be construed to limit the liability 29 of an operator of a vehicle for any violation of this article. 30 § 1705. Disposition of revenue and penalties. 1. All tolls, fees and 31 surcharges collected pursuant to this article shall at all times be the 32 property of the Move New York Highway and Transit Authority, except for 33 that portion allocable and paid to the Triborough bridge and transit 34 authority pursuant to subdivision five of section ninety-seven-pppp of 35 the state finance law, which shall be retained by the Triborough bridge 36 and tunnel authority, shall be deposited on a quarterly basis into the 37 Move New York mobility fund established by section ninety-seven-pppp of 38 the state finance law. 39 2. Notwithstanding any law to the contrary, all fines and penalties 40 collected by the Move New York Highway and Transit Authority for a 41 violation of this article pursuant to the provisions of section seven- 42 teen hundred four of this article shall at all times be the property of, 43 and shall be paid to, the authority and shall be deposited into the Move 44 New York mobility fund established by section ninety-seven-pppp of the 45 state finance law. 46 § 1706. Rulemaking authority. The metropolitan transportation authori- 47 ty, the Triborough bridge and tunnel authority, the Move New York High- 48 way and Transit Authority and any agencies of the city, including the 49 department of transportation, the department of finance and the parking 50 violations bureau, are empowered and authorized to promulgate any regu- 51 lations necessary or in aid of their powers and duties pursuant to this 52 article including adjustments in fees and penalties. 53 § 2. The state finance law is amended by adding a new section 97-pppp 54 to read as follows: 55 § 97-pppp. Move New York mobility fund. 1. There is hereby established 56 in the joint custody of the state comptroller and the Move New YorkS. 8089 8 1 Highway and Transit Authority, a special revenue fund to be known as the 2 "Move New York mobility fund". 3 2. Moneys in the Move New York mobility fund shall be kept separately 4 from and shall not be commingled with any other moneys in the joint or 5 sole custody of the state comptroller or metropolitan transportation 6 authority. 7 3. The fund shall consist of: (i) any tolls, fees and surcharges 8 collected pursuant to article forty-four-B of the vehicle and traffic 9 law, except tolls collected on facilities operated by the Triborough 10 bridge and tunnel authority; (ii) any penalties imposed pursuant to 11 article forty-four-B of the vehicle and traffic law, and administrative 12 fees imposed pursuant to subdivision fifteen of section twenty-nine 13 hundred eighty-five of the public authorities law; and (iii) any funds 14 realized by the rescission of the tax exemption for New York county 15 residents pursuant to section twelve hundred twelve-A of the tax law. 16 4. Moneys of the fund shall be disbursed without appropriation only 17 upon direction of the Move New York Highway and Transit Authority. 18 5. Moneys in the fund shall be disbursed in the following fashion and 19 order of priority on an annual basis: 20 (a) Sufficient funds to cover the lost revenues from: (i) reduced 21 tolls on the facilities identified in paragraphs (a) through (g) of 22 subdivision four of section seventeen hundred three of the vehicle and 23 traffic law calculated on an annual basis based on the historical 24 percentage (reflecting the three year period prior to the operation 25 date) share that such facilities contribute to all Triborough bridge and 26 tunnel authority revenues that are collected from all bridge and tunnel 27 crossings, and (ii) any toll exemptions to vehicles required by or 28 implemented pursuant to this article and determined by the Triborough 29 bridge and tunnel authority and verified by the comptroller on an annual 30 basis based upon actual experience. Such revenue make-up payment shall 31 be calculated on a quarterly basis and paid by the Move New York Highway 32 and Transit Authority from the Move New York mobility fund to the 33 Triborough bridge and tunnel authority within thirty days of the end of 34 each calendar quarter. 35 (b) Sufficient funds to the department to cover the amortized cost of 36 installing, maintaining and administering the tolls on the roadways and 37 bridges specified in paragraphs (a) and (b) of subdivision one of 38 section seventeen hundred three of the vehicle and traffic law. 39 (c) Up to the first three hundred million dollars to the New York city 40 department of transportation for actual and verifiable costs of main- 41 taining the bridges specified in subdivision one of section seventeen 42 hundred three of the vehicle and traffic law over a ten year period. 43 (d) Four hundred eighty-seven million dollars annually to the metro- 44 politan transportation authority, all or a portion of which may be used 45 to secure indebtedness of up to seven billion three hundred million 46 dollars by such authority. 47 (e) Seventy-five million dollars per year plus any funds allocated 48 under paragraph (c) of this subdivision that are not required for bridge 49 maintenance costs to the New York city department of transportation for 50 miscellaneous road and bridge maintenance and improvements. 51 (f) As provided in section nine of the chapter of the laws of two 52 thousand sixteen that added this section one hundred twenty-one million 53 dollars per year to the metropolitan transportation authority to imple- 54 ment transit access improvements throughout the five boroughs of New 55 York city.S. 8089 9 1 (g) Three hundred million dollars per year to secure indebtedness of 2 the metropolitan transportation authority of up to four billion five 3 hundred sixty-six million dollars to be utilized as the Transit Gap 4 Investment Fund-NYC to be used by the metropolitan transportation 5 authority, the New York city transit authority and the New York city 6 department of transportation in consultation with and approval by a 7 Transit Gap Investment Fund-NYC board which shall consist of the follow- 8 ing officials or, at the discretion of such officials, appointees who 9 shall represent such officials: the governor, the speaker of the assem- 10 bly, the temporary president of the senate, the mayor of the city of New 11 York, each borough president of the city of New York, the New York city 12 council speaker, and two representatives, one of whom shall be appointed 13 by the Hudson Valley delegation of the New York state legislature, and 14 one of whom shall be appointed by the Long Island delegation of the New 15 York state legislature. The board shall additionally include the 16 following ex officio, nonvoting members: the president of the transit 17 workers union, the chair of the New York city transit riders council of 18 the permanent citizens advisory council to the metropolitan transporta- 19 tion authority, the president of the regional planning association and a 20 representative from the transit riders advocacy community such represen- 21 tative being appointed by the temporary president of the senate. The 22 board shall, prior to voting on any spending proposals, hold at least 23 one public meeting at which an opportunity for public comment on such 24 proposals shall be provided. 25 (g-1) The metropolitan transportation authority, through the Transit 26 Gap Investment Fund-NYC board, shall dedicate three billion five hundred 27 million dollars to network expansion projects. In dedicating such funds, 28 the board shall consider the following expansion projects: citywide 29 ferry capital construction (seventy million dollars), Sheridan Express- 30 way conversion in the Bronx (seventy million dollars), Triboro RX 31 circumferential rapid transit (one billion dollars), bus rapid transit 32 on the North Shore of Staten Island (five hundred million dollars), bike 33 and pedestrian path widening at the Brooklyn Bridge (nineteen million 34 dollars), and construction of such paths on the Verrazano Bridge (fifty 35 million dollars), conversion of the Atlantic Avenue line of the Long 36 Island Rail Road to a subway operated by New York City Transit (seven 37 hundred fifty million dollars), initial work on Phase 2 of the Second 38 Avenue Subway (five hundred million dollars), Manhattan crosstown corri- 39 dor select bus service on 14th; 42nd; 57th and 96th streets (forty-six 40 million dollars), select bus service between 125th Street to LaGuardia 41 airport; on Webster Avenue in the Bronx; along the Southern Brooklyn 42 East-West corridor; along the Southern Bronx East-West corridor; along 43 Woodside Avenue in Queens; and along Utica Avenue in Brooklyn (eighty- 44 three million dollars), G train extension to Queens Plaza or Queensboro 45 Plaza with a new pedestrian transfer between the two facilities (four 46 hundred million dollars); free out of station transfers between the G 47 and JMZ lines at the Broadway and Hewes stations; and free out of 48 station transfers between the G and L lines at the Broadway and Lorimer 49 stations (two million dollars), free out of station transfers between 50 the 3 Line at Junius Street station and the L Line at Livonia Avenue 51 station (one million dollars), and a feasibility study for reactivation 52 of commuter rail service on the lower Montauk branch of the Long Island 53 Rail Road (two million dollars). 54 (g-2) The remaining billion dollars shall be allocated by the metro- 55 politan transportation authority and department of transportation of the 56 city of New York in the following amounts: three hundred million dollarsS. 8089 10 1 for the boroughs of Brooklyn and Queens, one hundred seventy-five 2 million for the boroughs of the Bronx and Manhattan, and fifty million 3 for the borough of Staten Island. Projects from funds dedicated pursu- 4 ant to this subdivision shall be used for hyperlocal transit accessibil- 5 ity projects including, but not limited to, new bus shelters, subway 6 station accessibility improvements and streetscape improvements consist- 7 ent with the New York city department of transportation's vision zero 8 goals. In every borough, each community board shall petition for its 9 priority projects, and the final list in every borough shall be approved 10 at the first borough board meeting subsequent to the establishment of 11 the board. Funds shall be distributed evenly between community boards 12 within a borough, within a ten percent margin differential. The minimum 13 project size shall be up to the discretion of the managing agency. 14 (g-3) The Transit Gap Investment Fund-NYC shall be annually audited 15 until all moneys within the fund are depleted by both the state comp- 16 troller and the comptroller of the city of New York. All moneys within 17 the fund shall be expended or allocated within five years of receiving 18 bonded revenues. 19 (h) Twenty-three million five hundred thousand dollars all or a 20 portion of which may be used to secure indebtedness of up to three 21 hundred fifty million dollars to establish the Transit Gap Investment 22 Fund-Hudson Valley for transit capital projects in the counties of West- 23 chester, Putnam, Dutchess, Orange, and Rockland, including, but not 24 limited to, transforming the Tappan Zee express bus service into a Bus 25 Rapid Transit line; supplementing existing county bus system operating 26 budgets with up to ten percent of additional funding; investing in tran- 27 sit-oriented development and increased parking capacity at select 28 Metro-North stations; and establishing new express routes from points 29 originating west of the Hudson River into Manhattan's Central Business 30 District. Funds provided by this subdivision shall be controlled by a 31 board consisting of the following officials, or their appointees: the 32 governor, the speaker of the assembly, the temporary president of the 33 senate, and five members appointed by the Hudson Valley delegation of 34 the New York state legislature (each of whom shall represent one of the 35 five counties) and one member jointly appointed by the five county exec- 36 utives. The board shall, prior to voting on any spending proposals, hold 37 at least one public meeting at which an opportunity for public comment 38 on such proposals shall be provided. 39 (i) Twenty-three million five hundred thousand dollars, all or a 40 portion of which may be used to secure indebtedness of up to three 41 hundred fifty million dollars to establish the Transit Gap Investment 42 Fund-Long Island to finance transit capital projects in the counties of 43 Nassau and Suffolk, including, but not limited to: supplementing exist- 44 ing county bus system operating budgets with up to ten percent of addi- 45 tional funding; investing in transit-oriented development and increased 46 parking capacity at Long Island Rail Road stations. Funds provided by 47 this subdivision shall be controlled by a board consisting of the 48 following officials, or their appointees: the governor, speaker of the 49 assembly, the temporary president of the senate, and two members 50 appointed by the Long Island delegation of the New York state legisla- 51 ture (each of whom shall represent one of the two counties) and the two 52 county executives. The board shall, prior to voting on any spending 53 proposals, hold at least one public meeting at which an opportunity for 54 public comment on such proposals shall be provided. 55 (j) Any sums remaining in the fund shall be allocated three quarters 56 to the metropolitan transportation authority and one quarter to the NewS. 8089 11 1 York city department of transportation to be utilized in both cases for 2 capital purposes only in the first year there is a surplus and every 3 year thereafter. 4 (k) In the event that there may be insufficient funds to be disbursed 5 pursuant to paragraphs (g), (h), and (i) of this subdivision, 86.5 6 percent of available funds shall be allocated to the Transit Gap Invest- 7 ment Fund-NYC, 6.75 percent of available funds shall be allocated to the 8 Transit Gap Investment Fund-Hudson Valley, and 6.75 Percent of available 9 funds shall be allocated to the Transit Gap Investment Fund-Long Island. 10 § 3. The public authorities law is amended by adding a new section 11 1279-d to read as follows: 12 § 1279-d. Move New York Highway and Transit Authority. 1. Creation of 13 authority. There is hereby created a public benefit corporation that 14 shall be known as the "Move New York highway and transit authority". 15 The authority shall be a body corporate and politic constituting a 16 public benefit corporation. The members of the board of the metropolitan 17 transportation authority shall serve, ex officio, as the members of the 18 board of the Move New York highway and transit authority. 19 2. Duties of the authority. The Move New York highway and transit 20 authority shall have the sole duty of: (a) receiving revenue pursuant to 21 article forty-four-B of the vehicle and traffic law administered by the 22 department of transportation of the city of New York, any fees or fines 23 for violations thereof, and any funds realized by the rescission of the 24 tax exemption for New York county residents pursuant to section twelve 25 hundred twelve-A of the tax law; (b) disbursing such funds pursuant to 26 subdivision four of section ninety-seven-pppp of the state finance law 27 and in accordance with subdivision five of such section; (c) issuing 28 bonds, notes and other obligations against revenue collected under para- 29 graph (a) of this subdivision; (d) furnishing an annual report on all 30 receipts and expenditures of the fund, and operation expenses of the 31 plan established by article forty-four-B of the vehicle and traffic law, 32 to be published on the website of the metropolitan transportation 33 authority and submitted to the governor, state legislature, and the 34 mayor and council of the city of New York; and (e) taking all necessary 35 or convenient measures to effectuate the provisions of this subdivision. 36 3. Powers of the authority. The authority shall possess all of the 37 powers of the metropolitan transportation authority as described in the 38 public authorities law as are necessary to fulfill these duties and 39 responsibilities. 40 4. Agreement of the state. The state does hereby pledge to and agree 41 with the metropolitan transportation authority and its subsidiaries, New 42 York city transit authority and its subsidiaries, and Triborough bridge 43 and tunnel authority, and the holders of any notes, bonds or other obli- 44 gations, including lease obligations, issued or incurred, not to impair 45 the ability of, or interfere with the rights and powers vested in, the 46 metropolitan transportation authority and its subsidiaries, New York 47 city transit authority and its subsidiaries, and Triborough bridge and 48 tunnel authority by this title to fulfill the terms of any agreements 49 made by any of them with the holders thereof, or in any way impair the 50 rights and remedies of such holders until such notes, bonds or other 51 obligations, including lease obligations, together with the interest 52 thereon, with interest on any unpaid installments of interest, and all 53 costs and expenses for which the metropolitan transportation authority 54 or its subsidiaries, New York city transit authority and its subsid- 55 iaries, and Triborough bridge and tunnel authority is liable in 56 connection with any action or proceeding by or on behalf of such hold-S. 8089 12 1 ers, are fully met and discharged. The metropolitan transportation 2 authority and its subsidiaries, New York city transit authority and its 3 subsidiaries, and Triborough bridge and tunnel authority are each 4 authorized to include this pledge and agreement of the state in any 5 agreement with the holders of such notes, bonds or other obligations, 6 including lease obligations. 7 5. Maintenance of effort. Such amount of revenue generated pursuant to 8 article forty-four-B of the vehicle and traffic law will be used to 9 increase the level of funds that would otherwise be made available for 10 purposes specified by section ninety-seven-pppp of the state finance 11 law, and not to supplant the amount to be provided to the metropolitan 12 transportation authority or the New York city transit authority or any 13 of their subsidiaries provided by state or local law, rule or regu- 14 lation. 15 § 4. Section 2985 of the public authorities law is amended by adding 16 three new subdivisions 15, 16 and 17 to read as follows: 17 15. In addition to any monetary liability that may be imposed pursuant 18 to this section and article forty-four-B of the vehicle and traffic law, 19 a public authority that operates a toll highway, bridge or tunnel facil- 20 ity is hereby authorized and empowered to impose an administrative fee 21 or fees on an owner, an operator or an account holder that has violated 22 toll collection regulations. 23 16. Any notice required to be sent pursuant to this section or article 24 forty-four-B of the vehicle and traffic law by first class mail may 25 instead be sent, with consent, by electronic means of communication. A 26 manual or automatic record of electronic communications prepared in this 27 ordinary course of business shall be adequate evidence of electronic 28 notice. 29 17. The Triborough bridge and tunnel authority, with respect to its 30 toll facilities and the Move New York Highway and Transit Authority with 31 respect to new toll facilities established by article forty-four-B of 32 the vehicle and traffic law are authorized to adopt rules and regu- 33 lations to establish an administrative tribunal to adjudicate the 34 liability of owners for violation of toll collection regulations as 35 defined in and in accordance with the provisions of this section and 36 article forty-four-B of the vehicle and traffic law and the applicable 37 toll regulations of such authorities. Such tribunal shall have, with 38 respect to violation of toll collection regulations of such authorities, 39 non-exclusive jurisdiction over violations of the rules and regulations 40 which may from time to time be established by such authorities in 41 accordance with the provisions of this section and article forty-four-B 42 of the vehicle and traffic law. Violations shall be heard and determined 43 in the county in which the violation is alleged to have occurred or in 44 the county in which the public authority has its primary or regional 45 administrative offices and regulations may provide for the conduct of 46 hearings via videoconferencing. 47 § 5. Subdivision 4-d of section 510 of the vehicle and traffic law, as 48 added by chapter 379 of the laws of 1992, is amended to read as follows: 49 4-d. Suspension of registration for failure to answer or pay penalties 50 with respect to certain violations. Upon the receipt of a notification, 51 in the manner and form prescribed by the commissioner, from a court 52 [or], an administrative tribunal, a public authority, or any other 53 public entity imposing violations, that an owner of a motor vehicle 54 failed to appear on the return date or dates or a new subsequent 55 adjourned date or dates or failed to pay any penalty imposed by a court 56 or failed to comply with the rules and regulations of an administrativeS. 8089 13 1 tribunal following entry of a final decision or decisions, in response 2 to five or more notices of liability or other process, issued within an 3 eighteen month period from any and all jurisdictions charging such owner 4 with a violation of toll collection regulations in accordance with the 5 provisions of section two thousand nine hundred eighty-five of the 6 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 7 chapter seven hundred seventy-four of the laws of nineteen hundred 8 fifty, or other comparable law, the commissioner or his or her agent 9 shall suspend the registration of the vehicle or vehicles involved in 10 the violation or the privilege of operation of any motor vehicle owned 11 by the registrant. Such suspension shall take effect no less than thirty 12 days from the date on which notice thereof is sent by the commissioner 13 to the person whose registration or privilege is suspended and shall 14 remain in effect until such registrant has appeared in response to such 15 notices of liability or has paid such penalty or in the case of an 16 administrative tribunal, the registrant has complied with the rules and 17 regulations following the entry of a final decision or decisions. 18 § 6. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 19 of the vehicle and traffic law, as amended by section 8 of chapter 222 20 of the laws of 2015, is amended to read as follows: 21 (i) If at the time of application for a registration or renewal there- 22 of there is a certification from a court, parking violations bureau, 23 traffic and parking violations agency or administrative tribunal of 24 appropriate jurisdiction that the registrant or his or her represen- 25 tative failed to appear on the return date or any subsequent adjourned 26 date or failed to comply with the rules and regulations of an adminis- 27 trative tribunal following entry of a final decision in response to a 28 total of three or more summonses or other process in the aggregate, 29 issued within an eighteen month period, charging either that: (i) such 30 motor vehicle was parked, stopped or standing, or that such motor vehi- 31 cle was operated for hire by the registrant or his or her agent without 32 being licensed as a motor vehicle for hire by the appropriate local 33 authority, in violation of any of the provisions of this chapter or of 34 any law, ordinance, rule or regulation made by a local authority; or 35 (ii) the registrant was liable in accordance with section eleven hundred 36 eleven-a, section eleven hundred eleven-b or section eleven hundred 37 eleven-d of this chapter for a violation of subdivision (d) of section 38 eleven hundred eleven of this chapter; or (iii) the registrant was 39 liable in accordance with section eleven hundred eleven-c of this chap- 40 ter for a violation of a bus lane restriction as defined in such 41 section, or (iv) the registrant was liable in accordance with section 42 eleven hundred eighty-b of this chapter for a violation of subdivision 43 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the 44 registrant was liable in accordance with section eleven hundred eighty-c 45 of this chapter for a violation of subdivision (c) or (d) of section 46 eleven hundred eighty of this chapter; or (vi) the registrant was liable 47 in accordance with section eleven hundred eleven-e of this chapter for a 48 violation of subdivision (d) of section eleven hundred eleven of this 49 chapter, or (vii) the registrant was liable in accordance with article 50 forty-four-B of this chapter, the commissioner or his or her agent shall 51 deny the registration or renewal application until the applicant 52 provides proof from the court, traffic and parking violations agency or 53 administrative tribunal wherein the charges are pending that an appear- 54 ance or answer has been made or in the case of an administrative tribu- 55 nal that he or she has complied with the rules and regulations of said 56 tribunal following entry of a final decision. Where an application isS. 8089 14 1 denied pursuant to this section, the commissioner may, in his or her 2 discretion, deny a registration or renewal application to any other 3 person for the same vehicle and may deny a registration or renewal 4 application for any other motor vehicle registered in the name of the 5 applicant where the commissioner has determined that such registrant's 6 intent has been to evade the purposes of this subdivision and where the 7 commissioner has reasonable grounds to believe that such registration or 8 renewal will have the effect of defeating the purposes of this subdivi- 9 sion. Such denial shall only remain in effect as long as the summonses 10 remain unanswered, or in the case of an administrative tribunal, the 11 registrant fails to comply with the rules and regulations following 12 entry of a final decision. 13 § 6-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 14 and traffic law, as amended by section 8-a of chapter 222 of the laws of 15 2015, is amended to read as follows: 16 a. If at the time of application for a registration or renewal thereof 17 there is a certification from a court or administrative tribunal of 18 appropriate jurisdiction that the registrant or his or her represen- 19 tative failed to appear on the return date or any subsequent adjourned 20 date or failed to comply with the rules and regulations of an adminis- 21 trative tribunal following entry of a final decision in response to a 22 total of three or more summonses or other process in the aggregate, 23 issued within an eighteen month period, charging either that: (i) such 24 motor vehicle was parked, stopped or standing, or that such motor vehi- 25 cle was operated for hire by the registrant or his or her agent without 26 being licensed as a motor vehicle for hire by the appropriate local 27 authority, in violation of any of the provisions of this chapter or of 28 any law, ordinance, rule or regulation made by a local authority; or 29 (ii) the registrant was liable in accordance with section eleven hundred 30 eleven-b of this chapter for a violation of subdivision (d) of section 31 eleven hundred eleven of this chapter; or (iii) the registrant was 32 liable in accordance with section eleven hundred eleven-c of this chap- 33 ter for a violation of a bus lane restriction as defined in such 34 section; or (iv) the registrant was liable in accordance with section 35 eleven hundred eleven-d of this chapter for a violation of subdivision 36 (d) of section eleven hundred eleven of this chapter or (v) the regis- 37 trant was liable in accordance with section eleven hundred eighty-b of 38 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 39 section eleven hundred eighty of this chapter; or (v) the registrant was 40 liable in accordance with section eleven hundred eighty-c of this chap- 41 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 42 eleven hundred eighty of this chapter; or (vi) the registrant was liable 43 in accordance with section eleven hundred eleven-e of this chapter for a 44 violation of subdivision (d) of section eleven hundred eleven of this 45 chapter, or (vii) the registrant was liable in accordance with article 46 forty-four-B of this chapter, the commissioner or his or her agent shall 47 deny the registration or renewal application until the applicant 48 provides proof from the court or administrative tribunal wherein the 49 charges are pending that an appearance or answer has been made or in the 50 case of an administrative tribunal that he or she has complied with the 51 rules and regulations of said tribunal following entry of a final deci- 52 sion. Where an application is denied pursuant to this section, the 53 commissioner may, in his or her discretion, deny a registration or 54 renewal application to any other person for the same vehicle and may 55 deny a registration or renewal application for any other motor vehicle 56 registered in the name of the applicant where the commissioner hasS. 8089 15 1 determined that such registrant's intent has been to evade the purposes 2 of this subdivision and where the commissioner has reasonable grounds to 3 believe that such registration or renewal will have the effect of 4 defeating the purposes of this subdivision. Such denial shall only 5 remain in effect as long as the summonses remain unanswered, or in the 6 case of an administrative tribunal, the registrant fails to comply with 7 the rules and regulations following entry of a final decision. 8 § 6-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 9 and traffic law, as amended by section 8-b of chapter 222 of the laws of 10 2015, is amended to read as follows: 11 a. If at the time of application for a registration or renewal thereof 12 there is a certification from a court or administrative tribunal of 13 appropriate jurisdiction that the registrant or his or her represen- 14 tative failed to appear on the return date or any subsequent adjourned 15 date or failed to comply with the rules and regulations of an adminis- 16 trative tribunal following entry of a final decision in response to 17 three or more summonses or other process, issued within an eighteen 18 month period, charging that: (i) such motor vehicle was parked, stopped 19 or standing, or that such motor vehicle was operated for hire by the 20 registrant or his or her agent without being licensed as a motor vehicle 21 for hire by the appropriate local authority, in violation of any of the 22 provisions of this chapter or of any law, ordinance, rule or regulation 23 made by a local authority; or (ii) the registrant was liable in accord- 24 ance with section eleven hundred eleven-c of this chapter for a 25 violation of a bus lane restriction as defined in such section; or (iii) 26 the registrant was liable in accordance with section eleven hundred 27 eleven-d of this chapter for a violation of subdivision (d) of section 28 eleven hundred eleven of this chapter; or (iv) the registrant was liable 29 in accordance with section eleven hundred eighty-b of this chapter for a 30 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 31 hundred eighty of this chapter, or the registrant was liable in accord- 32 ance with section eleven hundred eighty-c of this chapter for a 33 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 34 hundred eighty of this chapter; or (v) the registrant was liable in 35 accordance with section eleven hundred eleven-e of this chapter for a 36 violation of subdivision (d) of section eleven hundred eleven of this 37 chapter, or (vi) the registrant was liable in accordance with article 38 forty-four-B of this chapter, the commissioner or his or her agent shall 39 deny the registration or renewal application until the applicant 40 provides proof from the court or administrative tribunal wherein the 41 charges are pending that an appearance or answer has been made or in the 42 case of an administrative tribunal that he or she has complied with the 43 rules and regulations of said tribunal following entry of a final deci- 44 sion. Where an application is denied pursuant to this section, the 45 commissioner may, in his or her discretion, deny a registration or 46 renewal application to any other person for the same vehicle and may 47 deny a registration or renewal application for any other motor vehicle 48 registered in the name of the applicant where the commissioner has 49 determined that such registrant's intent has been to evade the purposes 50 of this subdivision and where the commissioner has reasonable grounds to 51 believe that such registration or renewal will have the effect of 52 defeating the purposes of this subdivision. Such denial shall only 53 remain in effect as long as the summonses remain unanswered, or in the 54 case of an administrative tribunal, the registrant fails to comply with 55 the rules and regulations following entry of a final decision.S. 8089 16 1 § 6-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 2 and traffic law, as amended by section 8-c of chapter 222 of the laws of 3 2015, is amended to read as follows: 4 a. If at the time of application for a registration or renewal thereof 5 there is a certification from a court or administrative tribunal of 6 appropriate jurisdiction that the registrant or his or her represen- 7 tative failed to appear on the return date or any subsequent adjourned 8 date or failed to comply with the rules and regulations of an adminis- 9 trative tribunal following entry of a final decision in response to 10 three or more summonses or other process, issued within an eighteen 11 month period, charging that: (i) such motor vehicle was parked, stopped 12 or standing, or that such motor vehicle was operated for hire by the 13 registrant or his or her agent without being licensed as a motor vehicle 14 for hire by the appropriate local authority, in violation of any of the 15 provisions of this chapter or of any law, ordinance, rule or regulation 16 made by a local authority; or (ii) the registrant was liable in accord- 17 ance with section eleven hundred eleven-d of this chapter for a 18 violation of subdivision (d) of section eleven hundred eleven of this 19 chapter; or (iii) the registrant was liable in accordance with section 20 eleven hundred eighty-b of this chapter for violations of subdivision 21 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 22 ter, or the registrant was liable in accordance with section eleven 23 hundred eighty-c of this chapter for violations of subdivision (b), (c), 24 (d), (f) or (g) of section eleven hundred eighty of this chapter; or 25 (iv) the registrant was liable in accordance with section eleven hundred 26 eleven-e of this chapter for a violation of subdivision (d) of section 27 eleven hundred eleven of this chapter, or (v) the registrant was liable 28 in accordance with article forty-four-B of this chapter, the commission- 29 er or his or her agent shall deny the registration or renewal applica- 30 tion until the applicant provides proof from the court or administrative 31 tribunal wherein the charges are pending that an appearance or answer 32 has been made or in the case of an administrative tribunal that he has 33 complied with the rules and regulations of said tribunal following entry 34 of a final decision. Where an application is denied pursuant to this 35 section, the commissioner may, in his or her discretion, deny a regis- 36 tration or renewal application to any other person for the same vehicle 37 and may deny a registration or renewal application for any other motor 38 vehicle registered in the name of the applicant where the commissioner 39 has determined that such registrant's intent has been to evade the 40 purposes of this subdivision and where the commissioner has reasonable 41 grounds to believe that such registration or renewal will have the 42 effect of defeating the purposes of this subdivision. Such denial shall 43 only remain in effect as long as the summonses remain unanswered, or in 44 the case of an administrative tribunal, the registrant fails to comply 45 with the rules and regulations following entry of a final decision. 46 § 6-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 47 and traffic law, as amended by section 8-d of chapter 222 of the laws of 48 2015, is amended to read as follows: 49 a. If at the time of application for a registration or renewal thereof 50 there is a certification from a court or administrative tribunal of 51 appropriate jurisdiction that the registrant or his or her represen- 52 tative failed to appear on the return date or any subsequent adjourned 53 date or failed to comply with the rules and regulations of an adminis- 54 trative tribunal following entry of a final decision in response to 55 three or more summonses or other process, issued within an eighteen 56 month period, charging that such motor vehicle was parked, stopped orS. 8089 17 1 standing, or that such motor vehicle was operated for hire by the regis- 2 trant or his agent without being licensed as a motor vehicle for hire by 3 the appropriate local authority, in violation of any of the provisions 4 of this chapter or of any law, ordinance, rule or regulation made by a 5 local authority, or the registrant was liable in accordance with section 6 eleven hundred eighty-c of this chapter for violations of subdivision 7 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 8 ter, or the registrant was liable in accordance with section eleven 9 hundred eleven-d of this chapter for a violation of subdivision (d) of 10 section eleven hundred eleven of this chapter, or the registrant was 11 liable in accordance with section eleven hundred eleven-e of this chap- 12 ter for a violation of subdivision (d) of section eleven hundred eleven 13 of this chapter, or the registrant was liable in accordance with article 14 forty-four-B of this chapter, the commissioner or his or her agent shall 15 deny the registration or renewal application until the applicant 16 provides proof from the court or administrative tribunal wherein the 17 charges are pending that an appearance or answer has been made or in the 18 case of an administrative tribunal that he or she has complied with the 19 rules and regulations of said tribunal following entry of a final deci- 20 sion. Where an application is denied pursuant to this section, the 21 commissioner may, in his or her discretion, deny a registration or 22 renewal application to any other person for the same vehicle and may 23 deny a registration or renewal application for any other motor vehicle 24 registered in the name of the applicant where the commissioner has 25 determined that such registrant's intent has been to evade the purposes 26 of this subdivision and where the commissioner has reasonable grounds to 27 believe that such registration or renewal will have the effect of 28 defeating the purposes of this subdivision. Such denial shall only 29 remain in effect as long as the summonses remain unanswered, or in the 30 case of an administrative tribunal, the registrant fails to comply with 31 the rules and regulations following entry of a final decision. 32 § 6-e. Paragraph a of subdivision 5-a of section 401 of the vehicle 33 and traffic law, as amended by section 8-e of chapter 222 of the laws of 34 2015, is amended to read as follows: 35 a. If at the time of application for a registration or renewal thereof 36 there is a certification from a court or administrative tribunal of 37 appropriate jurisdiction that the registrant or his or her represen- 38 tative failed to appear on the return date or any subsequent adjourned 39 date or failed to comply with the rules and regulations of an adminis- 40 trative tribunal following entry of a final decision in response to 41 three or more summonses or other process, issued within an eighteen 42 month period, charging that such motor vehicle was parked, stopped or 43 standing, or that such motor vehicle was operated for hire by the regis- 44 trant or his or her agent without being licensed as a motor vehicle for 45 hire by the appropriate local authority, in violation of any of the 46 provisions of this chapter or of any law, ordinance, rule or regulation 47 made by a local authority, or the registrant was liable in accordance 48 with section eleven hundred eleven-d of this chapter for a violation of 49 subdivision (d) of section eleven hundred eleven of this chapter, or the 50 registrant was liable in accordance with section eleven hundred eleven-e 51 of this chapter for a violation of subdivision (d) of section eleven 52 hundred eleven of this chapter, or the registrant is liable in accord- 53 ance with article forty-four-B of this chapter, the commissioner or his 54 or her agent shall deny the registration or renewal application until 55 the applicant provides proof from the court or administrative tribunal 56 wherein the charges are pending that an appearance or answer has beenS. 8089 18 1 made or in the case of an administrative tribunal that he has complied 2 with the rules and regulations of said tribunal following entry of a 3 final decision. Where an application is denied pursuant to this 4 section, the commissioner may, in his or her discretion, deny a regis- 5 tration or renewal application to any other person for the same vehicle 6 and may deny a registration or renewal application for any other motor 7 vehicle registered in the name of the applicant where the commissioner 8 has determined that such registrant's intent has been to evade the 9 purposes of this subdivision and where the commissioner has reasonable 10 grounds to believe that such registration or renewal will have the 11 effect of defeating the purposes of this subdivision. Such denial shall 12 only remain in effect as long as the summonses remain unanswered, or in 13 the case of an administrative tribunal, the registrant fails to comply 14 with the rules and regulations following entry of a final decision. 15 § 6-f. Paragraph a of subdivision 5-a of section 401 of the vehicle 16 and traffic law, as amended by section 8-f of chapter 222 of the laws of 17 2015, is amended to read as follows: 18 a. If at the time of application for a registration or renewal thereof 19 there is a certification from a court or administrative tribunal of 20 appropriate jurisdiction that the registrant or his or her represen- 21 tative failed to appear on the return date or any subsequent adjourned 22 date or failed to comply with the rules and regulations of an adminis- 23 trative tribunal following entry of a final decision in response to 24 three or more summonses or other process, issued within an eighteen 25 month period, charging that such motor vehicle was parked, stopped or 26 standing, or that such motor vehicle was operated for hire by the regis- 27 trant or his or her agent without being licensed as a motor vehicle for 28 hire by the appropriate local authority, in violation of any of the 29 provisions of this chapter or of any law, ordinance, rule or regulation 30 made by a local authority, or the registrant was liable in accordance 31 with section eleven hundred eleven-e of this chapter for a violation of 32 subdivision (d) of section eleven hundred eleven of this chapter, or the 33 registrant is liable in accordance with article forty-four-B of this 34 chapter, the commissioner or his or her agent shall deny the registra- 35 tion or renewal application until the applicant provides proof from the 36 court or administrative tribunal wherein the charges are pending that an 37 appearance or answer has been made or in the case of an administrative 38 tribunal that he has complied with the rules and regulations of said 39 tribunal following entry of a final decision. Where an application is 40 denied pursuant to this section, the commissioner may, in his or her 41 discretion, deny a registration or renewal application to any other 42 person for the same vehicle and may deny a registration or renewal 43 application for any other motor vehicle registered in the name of the 44 applicant where the commissioner has determined that such registrant's 45 intent has been to evade the purposes of this subdivision and where the 46 commissioner has reasonable grounds to believe that such registration or 47 renewal will have the effect of defeating the purposes of this subdivi- 48 sion. Such denial shall only remain in effect as long as the summonses 49 remain unanswered, or in the case of an administrative tribunal, the 50 registrant fails to comply with the rules and regulations following 51 entry of a final decision. 52 § 6-g. Paragraph a of subdivision 5-a of section 401 of the vehicle 53 and traffic law, as separately amended by chapters 339 and 592 of the 54 laws of 1987, is amended to read as follows: 55 a. If at the time of application for a registration or renewal thereof 56 there is a certification from a court or administrative tribunal ofS. 8089 19 1 appropriate jurisdiction that the registrant or his representative 2 failed to appear on the return date or any subsequent adjourned date or 3 failed to comply with the rules and regulations of an administrative 4 tribunal following entry of a final decision in response to three or 5 more summonses or other process, issued within an eighteen month period, 6 charging that such motor vehicle was parked, stopped or standing, or 7 that such motor vehicle was operated for hire by the registrant or his 8 agent without being licensed as a motor vehicle for hire by the appro- 9 priate local authority, in violation of any of the provisions of this 10 chapter or of any law, ordinance, rule or regulation made by a local 11 authority, or the registrant is liable in accordance with article 12 forty-four-B of this chapter, the commissioner or his agent shall deny 13 the registration or renewal application until the applicant provides 14 proof from the court or administrative tribunal wherein the charges are 15 pending that an appearance or answer has been made or in the case of an 16 administrative tribunal that he has complied with the rules and regu- 17 lations of said tribunal following entry of a final decision. Where an 18 application is denied pursuant to this section, the commissioner may, in 19 his discretion, deny a registration or renewal application to any other 20 person for the same vehicle and may deny a registration or renewal 21 application for any other motor vehicle registered in the name of the 22 applicant where the commissioner has determined that such registrant's 23 intent has been to evade the purposes of this subdivision and where the 24 commissioner has reasonable grounds to believe that such registration or 25 renewal will have the effect of defeating the purposes of this subdivi- 26 sion. Such denial shall only remain in effect as long as the summonses 27 remain unanswered, or in the case of an administrative tribunal, the 28 registrant fails to comply with the rules and regulations following 29 entry of a final decision. 30 § 7. The opening paragraph of paragraph 1 of subdivision (a) of 31 section 1212-A of the tax law, as amended by chapter 196 of the laws of 32 1995, is amended to read as follows: 33 a tax on receipts from every sale of the service of providing parking, 34 garaging or storing for motor vehicles by persons operating a garage 35 (other than a garage which is part of premises occupied solely as a 36 private one or two family dwelling), parking lot or other place of busi- 37 ness engaged in providing parking, garaging or storing for motor vehi- 38 cles, in any county within such city with a population density in excess 39 of fifty thousand persons per square mile, at the rate of eight per 40 centum, on receipts from every sale of such services[, except receipts41from the sale of such services to an individual resident of such county42when such services are rendered on a monthly or longer-term basis at the43principal location for the parking, garaging or storing of a motor vehi-44cle owned or leased (but only in the case of a lease for a term of one45year or more) by such individual resident]. The population of a county 46 shall be determined by reference to the latest federal census. 47 § 8. Section 182 of the executive law, as amended by section 1 of part 48 J of chapter 56 of the laws of 2011, is amended to read as follows: 49 § 182. Diversion of funds dedicated to the metropolitan transportation 50 authority or the New York city transit authority and any of their 51 subsidiaries to the general fund of the state or to any other purpose, 52 is prohibited. 53 1. The director of the budget shall be prohibited from diverting 54 revenues derived from taxes and fees paid by the public into any fund 55 created by law including, but not limited to sections eighty-eight-a 56 [and], eighty-nine-c, ninety-two-ff and ninety-seven-pppp of the stateS. 8089 20 1 finance law and chapter twenty-five of the laws of two thousand nine for 2 the purpose of funding the metropolitan transportation authority or the 3 New York city transit authority and any of their subsidiaries into the 4 general fund of the state or into any other fund maintained for the 5 support of another governmental purpose. No diversion of funds can occur 6 contrary to this section by an administrative act of the director of the 7 budget or any other person in the executive branch [unless the governor8declares a fiscal emergency, and communicates such emergency to the9temporary president of the senate and speaker of the assembly, and a10statute is enacted into law authorizing a diversion that would otherwise11be prohibited by this section]. 12 2. If any diversion of funds occurs by passage of legislation during a 13 regular or extraordinary session of the legislature, the director of the 14 budget shall create and include with the budget or legislation diverting 15 funds, a diversion impact statement which shall include the following 16 information: 17 (a) The amount of the diversion from dedicated mass transit funds; 18 (b) The amount diverted from each fund; 19 (c) The amount diverted expressed as current monthly transit fares; 20 (d) The cumulative amount of diversion from dedicated mass transit 21 funds during the preceding five years; 22 (e) The date or dates when the diversion is to occur; and 23 (f) A detailed estimate of the impact of diversion from dedicated mass 24 transit funds will have on the level of public transportation system 25 service, maintenance, security, and the current capital program. 26 § 9. Notwithstanding any other law, rule, regulation to the contrary, 27 the metropolitan transportation authority shall, as a part of its 2015- 28 2019 capital program with funding provided pursuant to paragraph (f) of 29 subdivision 5 of section 97-pppp of the state finance law: 30 (a) increase the number and availability of express bus routes; 31 (b) reduce the cost of all express bus fares by one dollar; 32 (c) set the cost of all Long Island Rail Road and Metro-North Rail 33 Road trips taken wholly within New York with CityTicket to six dollars 34 during peak hours and four dollars during non-peak hours; 35 (d) provide for the availability of CityTicket on weekdays in addition 36 to weekends; 37 (e) provide for the availability of CityTicket for trips taken between 38 stations within New York city and Far Rockaway and all trips taken 39 between and including Fordham and Manhattan; and 40 (f) fund the freedom ticket proposal of the New York City Transit 41 Riders Council contained in such council's December 2015 report entitled 42 "Freedom Ticket: Southeast Queens Proof of Concept" and expand such 43 pilot program to extend through out New York City and include all 44 Express Bus routes and stations of the Metro-North and Long Island Rail 45 Roads located within New York City. 46 For the purposes of this section "CityTicket" shall mean the fare 47 option so denominated and provided by the metropolitan transportation 48 authority. 49 § 10. The public authorities law is amended by adding a new section 50 1265-c to read as follows: 51 § 1265-c. Independent forensic audit. 1. Notwithstanding any other 52 provision of law, the authority shall, within sixty days of the effec- 53 tive date of this section and at its own expense, contract with a certi- 54 fied public accounting firm for the provision of an independent, compre- 55 hensive, forensic audit of the authority. Such audit shall be performed 56 in accordance with generally accepted government auditing standards.S. 8089 21 1 Such audit shall be independent of and in addition to the independent 2 audit of the authority conducted pursuant to section twenty-eight 3 hundred two of this chapter. 4 2. The certified independent public accounting firm providing the 5 authority's independent, comprehensive, forensic audit shall be prohib- 6 ited from providing audit services if the lead (or coordinating) audit 7 partner (having primary responsibility for the audit), or the audit 8 partner responsible for reviewing the audit, has performed audit 9 services for the authority within any of the ten previous fiscal years 10 of the authority. 11 3. The certified independent accounting firm performing the audit 12 pursuant to this section shall be prohibited from performing any non-au- 13 dit services for the authority contemporaneously with the audit. 14 4. It shall be prohibited for the certified independent public 15 accounting firm to perform for the authority any audit service if the 16 chief executive officer, comptroller, chief financial officer, chief 17 accounting officer or any other person serving in an equivalent position 18 in the authority was an employee, consultant or independent contractor 19 of that certified independent public accounting firm and participated in 20 any capacity in the audit of the authority at any time in the past. 21 5. The certified independent public accounting firm contracted to 22 perform the independent comprehensive, forensic audit of the authority 23 shall, on or before January first, two thousand nineteen, report its 24 findings, conclusions and recommendations to the governor, the state 25 comptroller, the temporary president of the senate, the speaker of the 26 assembly, the chair and ranking minority member of the senate finance 27 committee, the chair and ranking minority member of the assembly ways 28 and means committee, the chairs and ranking minority members of the 29 senate and the assembly corporations, authorities and commissions 30 committees, and the chairs and ranking minority members of the senate 31 and the assembly transportation committees. 32 § 11. This act shall take effect immediately provided, however, that 33 section seven of this act shall take effect on the first of January next 34 succeeding the date on which it shall have become a law; and provided 35 further: 36 (a) the amendments to subparagraph (i) of paragraph a of subdivision 37 5-a of section 401 of the vehicle and traffic law made by section six of 38 this act shall not affect the expiration of such paragraph and shall be 39 deemed to expire therewith, when upon such date the provisions of 40 section six-a of this act shall take effect; 41 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 42 the vehicle and traffic law made by section six-a of this act shall not 43 affect the expiration of such paragraph and shall be deemed to expire 44 therewith, when upon such date the provisions of section six-b of this 45 act shall take effect; 46 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 47 the vehicle and traffic law made by section six-b of this act shall not 48 affect the expiration of such paragraph and shall be deemed to expire 49 therewith, when upon such date the provisions of section six-c of this 50 act shall take effect; 51 (d) the amendments to paragraph a of subdivision 5-a of section 401 of 52 the vehicle and traffic law made by section six-c of this act shall not 53 affect the expiration of such paragraph and shall be deemed to expire 54 therewith, when upon such date the provisions of section six-d of this 55 act shall take effect;S. 8089 22 1 (e) the amendments to paragraph a of subdivision 5-a of section 401 of 2 the vehicle and traffic law made by section six-d of this act shall not 3 affect the expiration of such paragraph and shall be deemed to expire 4 therewith, when upon such date the provisions of section six-e of this 5 act shall take effect; 6 (f) the amendments to paragraph a of subdivision 5-a of section 401 of 7 the vehicle and traffic law made by section six-e of this act shall not 8 affect the expiration of such paragraph and shall be deemed to expire 9 therewith, when upon such date the provisions of section six-f of this 10 act shall take effect; 11 (g) the amendments to paragraph a of subdivision 5-a of section 401 of 12 the vehicle and traffic law made by section six-f of this act shall not 13 affect the expiration of such paragraph and shall be deemed to expire 14 therewith, when upon such date the provisions of section six-g of this 15 act shall take effect; and 16 (h) section ten of this act shall expire and be deemed repealed Janu- 17 ary 2, 2019.
