Relates to docketing of decisions and orders of the administrative tribunal of the New York City taxi and limousine commission.
Ayes (6): Lanza, DeFrancisco, Grisanti, Robach, Avella, Oppenheimer
Ayes (5): Lanza, DeFrancisco, Grisanti, Robach, Avella
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend the New York city charter, in relation to docketing of decisions and orders of the administrative tribunal of the New York city taxi and limousine commission
PURPOSE: This New York City Program bill relates to docketing of decisions and orders of the Administrative Tribunal of the New York City Taxi and limousine Commission.
SUMMARY OF PROVISIONS: The bill would amend subdivision c of section 2303 of the New York City Charter to allow the New York City Taxi and Limousine Commission to docket all decisions and orders of its Administrative Tribunal as if they were money judgments, without court proceedings.
EXISTING LAW: Only allows unpaid fines to be docketed as money judgments, without court proceedings, when they relate to unlicensed operators.
JUSTIFICATION: This bill would allow the TLC to docket unpaid fines as money judgments against licensed operators which could become liens against the real property of the respondents.
Existing law allows the Taxi and Limousine Commission (TLC) to docket unpaid fines issued by its Administrative Tribunal as money judgments, without court proceedings, when they relate to unlicensed individuals or entities that are engaged in activities regulated by the TLC. Those fines can become liens against real property of the respondents. However, the great majority of unpaid TLC fines, both in number and in total amount, are issued to licensed individuals or entities that subsequently evade payment by abandoning their licenses. Those fines can be collected only by means of prohibitively costly and time-consuming Civil Court proceedings. As a result, the respondents can ignore their obligation to pay, depriving the City of fines it is owed and the TLC of an effective enforcement mechanism.
By broadening the docketing authority of the TLC to all files issued by its Administrative Tribunal, the Legislature will enhance TLC's collection efforts and signal to the for-hire transportation industry in New York City that TLC requirements must be taken seriously.
LEGISLATIVE HISTORY: 2010: Similar to S.8172 - Passed Senate/A.11467 - Referred to Cities.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: New York City would collect at least $5.75 Million in fines that went undocketed because the law does not allow for collection against licensees who surrender their license.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4318 2011-2012 Regular Sessions IN SENATE March 29, 2011 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the New York city charter, in relation to docketing of decisions and orders of the administrative tribunal of the New York city taxi and limousine commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision c of section 2303 of the New York city charter, as amended by local law number 115 of the city of New York for the year 1993, paragraph 1 as amended by local law number 16 of the city of New York for the year 2008, is amended to read as follows: c. (1) The commission shall create an administrative tribunal to adju- dicate charges of violation of
[provisions of the administrative code and rules promulgated thereunder]THE LAWS, RULES AND REGULATIONS ENFORCED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION B OF THIS SECTION OR OF ANY OTHER LAW PROVIDING FOR ENFORCEMENT BY THE COMMISSION IN ACCORDANCE WITH THIS PARAGRAPH AND WITH RULES PROMULGATED BY THE COMMISSION. The commission shall have the power to enforce its tribunal's decisions and orders imposing civil penalties, not to exceed ten thousand dollars for each respondent, [for violations relating to unlicensed vehicles for hire and unlicensed drivers of vehicles for hire and for violations relating to the operation of commuter van services without authorization and the operation of unlicensed commuter vans and unlicensed drivers of commuter vans pursuant to chapter five of title nineteen of the administrative code]as if they were money judgments, without court proceedings, in the following manner: Any such decision or order of the commission's administrative tribunal imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the commission which may be entered in the civil court of New York or any other place provided for the entry of civil judgments within the state. Before aEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05442-02-1 S. 4318 2
judgment based upon a default may be so entered the commission or admin- istrative tribunal shall have first notified the respondent by first class mail in such form as the commission may direct: (i) of the default and order and the penalty imposed; (ii) that a judgment will be entered in the civil court of the city of New York or any other place provided by law for the entry of civil judgments within the state of New York; and (iii) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the commission or administra- tive tribunal within thirty days of the mailing of such notice. (2) The commission or tribunal shall not enter any decision or order pursuant to paragraph one of this subdivision unless the notice of violation shall have been served in the same manner as is prescribed for service of process by article three of the civil practice law and rules or article three of the business corporation law except that: (a) with respect to any notice of violation which alleges the opera- tion of
[an]A LICENSED OR unlicensed vehicle for hire the operator of such vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive such notice of violation and service made pursuant to this paragraph on such operator shall also be deemed to be lawful service upon such owner; or (b) with respect to any notice of violation which alleges the opera- tion of an AUTHORIZED OR unauthorized commuter van service or [an]A LICENSED OR unlicensed commuter van, the operator of the vehicle giving rise to such violation who is not the owner of such commuter van service or such commuter van, as applicable, but who uses or operates such vehi- cle with the permission, express or implied, of the owner of such commu- ter van service or such commuter van, as the case may be, shall be deemed to be the agent of the owner of such commuter van service or such commuter van, as the case may be, to receive such notice of violation. Service made pursuant to this paragraph on such operator shall be deemed to be lawful service upon the owner of such commuter van service or commuter van, as applicable; OR (C) WITH RESPECT TO ANY NOTICE OF VIOLATION WHICH ALLEGES THE OPERA- TION OF ANY OTHER LICENSED OR UNLICENSED ENTITY WHOSE ESTABLISHMENT AND OPERATION ARE GOVERNED BY RULES PROMULGATED BY THE COMMISSION, SERVICE MAY BE MADE PURSUANT TO THIS PARAGRAPH UPON A PERSON OF SUITABLE AGE AND DISCRETION EMPLOYED BY OR ACTING AS AN AGENT OF THE RESPONDENT AT THE RESPONDENT'S PLACE OF BUSINESS. S 2. This act shall take effect immediately.