This bill has been amended

Bill S5452A-2015

Relates to service by mail provisions of, and jurisdiction over violations occurring on MTA omnibuses by the transit adjudication bureau of the New York city transit authority

Relates to jurisdiction over violations occurring on metropolitan transportation authority omnibuses by the transit adjudication bureau of the New York city transit authority.

Details

Actions

  • Jun 2, 2015: ADVANCED TO THIRD READING
  • Jun 1, 2015: 2ND REPORT CAL.
  • Jun 1, 2015: AMENDED (T) 5452A
  • May 28, 2015: 1ST REPORT CAL.1026
  • May 14, 2015: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S5452A

TITLE OF BILL: An act to amend the public authorities law, in relation to service by mail provisions of, and jurisdiction over violations occurring on metropolitan transportation authority omnibuses by the transit adjudication bureau of the New York city transit authority

PURPOSE: This bill gives authority to the Bureau of the New York City Transit Authority relating to violations occurring on MTA omnibuses.

SPECIFIC PROVISIONS:

Section 1 amends the Public Authorities law by giving provisions of jurisdiction relating to violations on omnibuses to the Bureau of the New York City Transit Authority,

Sections 2 and 3 state violations and penalties Section 4 gives provisions for appeal of violations

Section 5 amends the Public Authorities law by adding the punishment of a civil penalty by the bureau.

Section 6 gives effective date.

JUSTIFICATION: This bill will gives specific provisions for violations on omnibuses that were not available before.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5452--A Cal. No. 1026 2015-2016 Regular Sessions IN SENATE May 14, 2015 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the public authorities law, in relation to service by mail provisions of, and jurisdiction over violations occurring on metropolitan transportation authority omnibuses by the transit adjudi- cation bureau of the New York city transit authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 3. Jurisdiction. The bureau shall have, with respect to acts or inci- dents in or on the transit facilities of the authority committed by or involving persons who are sixteen years of age or over, OR WITH RESPECT TO ACTS OR INCIDENTS OCCURRING ON OMNIBUSES OWNED OR OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, and with respect to violation of toll collection regulations of the triborough bridge and tunnel authority as described in section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter, non-exclusive jurisdic- tion over violations of: (a) the rules which may from time to time be established by the authority under subdivision five-a of section twelve hundred four of this chapter; (b) article one hundred thirty-nine of the health code of the city of New York, as it may be amended from time to time, relating to public transportation facilities; [and] (c) article four of the noise control code of the city of New York, as it may be amended from time to time, insofar as it pertains to sound reproduction devices; [and] (d) the rules and regulations which may from time to time be established by the triborough bridge and tunnel authority in accord-
ance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter, AND (E) RULES AND REGULATIONS WHICH MAY FROM TIME TO TIME BE ESTABLISHED BY THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS CHAPTER. Matters within the jurisdiction of the bureau except violations of the rules and regu- lations of the triborough bridge and tunnel authority shall be known for purposes of this section as transit infractions. Nothing herein shall be construed to divest jurisdiction from any court now having jurisdiction over any criminal charge or traffic infraction relating to any act committed in a transit or toll facility, or to impair the ability of a police officer to conduct a lawful search of a person in a transit facility. The criminal court of the city of New York shall continue to have jurisdiction over any criminal charge or traffic infraction brought for violation of the rules of the authority [or], the triborough bridge and tunnel authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, as well as jurisdiction relating to any act which may constitute a crime or an offense under any law of the state of New York or any municipality or political subdivision thereof and which may also constitute a violation of such rules. The bureau shall have concur- rent jurisdiction with the environmental control board and the adminis- trative tribunal of the department of health over the aforesaid provisions of the health code and noise control code of the city of New York. S 2. Paragraphs b and i of subdivision 4 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: b. To impose civil penalties not to exceed a total of one hundred fifty dollars for any transit infraction within its jurisdiction, in accordance with a penalty schedule established by the authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, AS APPLI- CABLE, except that penalties for violations of the health code of the city of New York shall be in accordance with the penalties established for such violations by the board of health of the city of New York, and penalties for violations of the noise code of the city of New York shall be in accordance with the penalties established for such violations by law, and civil penalties for violations of the rules and regulations of the triborough bridge and tunnel authority shall be in accordance with the penalties established for such violations by section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter; i. To accept payment of penalties and to remit same to the authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, AS APPLICABLE; and S 3. Paragraphs a and g of subdivision 7 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, are amended to read as follows: a. (1) A person charged with a transit infraction returnable to the bureau or a person alleged to be liable in accordance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty- five of this chapter who contests such allegation shall be advised of the date on or by which he or she must appear to answer the charge at a hearing. Notification of such hearing date shall be given either in the notice of violation or in a form, the content of which shall be prescribed by the executive director or in a manner prescribed in section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter. Any such notification shall contain a warning to advise the
person charged that failure to appear on or by the date designated, or any subsequent rescheduled or adjourned date, shall be deemed for all purposes, an admission of liability, and that a default judgment may be rendered and penalties may be imposed. Where notification is given in a manner other than in the notice of violation, the bureau shall deliver such notice to the person charged, either personally or by [registered or certified] FIRST CLASS mail. (2) Whenever a person charged with a transit infraction or alleged to be liable in accordance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter returnable to the bureau requests an alternate hearing date and is not then in default as defined in subdivision six of this section, the bureau shall advise such person personally, or by [registered or certified] FIRST CLASS mail, of the alternate hearing date on or by which he or she must appear to answer the charge or allegation at a hearing. The form and content of such notice of hearing shall be prescribed by the executive director, and shall contain a warning to advise the person charged or alleged to be liable that failure to appear on or by the alternate designated hear- ing date, or any subsequent rescheduled or adjourned date, shall be deemed for all purposes an admission of liability, and that a default judgment may be rendered and penalties may be imposed. (3) Whenever a person charged with a transit infraction or alleged to be liable in accordance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter returnable to the bureau appears at a hearing and obtains an adjournment of the hearing pursuant to the rules of the bureau, the bureau shall advise such person personally, or by [registered or certified] FIRST CLASS mail, of the adjourned date on which he or she must appear to answer the charge or allegation at a continued hearing. The form and content of such notice of a continued hearing shall be prescribed by the executive director, and shall contain a warning to advise the person charged or alleged to be liable that failure to appear on the adjourned hearing date shall be deemed for all purposes an admission of liability, and that a default judgment may be rendered and penalties may be imposed. g. After due consideration of the evidence and arguments, the hearing officer shall determine whether the charges or allegations have been established. No charge may be established except upon proof by clear and convincing evidence except allegations of civil liability for violations of triborough bridge and tunnel authority rules and regulations will be established in accordance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter. Where the charges have not been established, an order dismissing the charges or allega- tions shall be entered. Where a determination is made that a charge or allegation has been established or if an answer admitting the charge or allegation has been received, the hearing officer shall set a penalty in accordance with the penalty schedule established by the authority, or for allegations of civil liability in accordance with the provisions of section [two thousand nine] TWENTY-NINE hundred eighty-five of this chapter and an appropriate order shall be entered in the records of the bureau. The respondent shall be given notice of such entry in person or by [certified] FIRST CLASS mail. This order shall constitute the final determination of the hearing officer, and for purposes of review it shall be deemed to incorporate any intermediate determinations made by said officer in the course of the proceeding. When no appeal is filed this order shall be the final order of the bureau.
S 4. Paragraph d of subdivision 8 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: d. Appeals shall be made without the appearance of the appellant and appellant's attorney unless the presence of either or both are requested by the appellant, appellant's attorney, appellant's parent or guardian if appellant is a minor, or the appeals board. Within twenty days after a request for an appearance, made by or for the appellant, appellant's attorney or the board, the bureau shall advise the appellant, either personally or by [registered or certified] FIRST CLASS mail, of the date on which he or she shall appear. The appellant shall be notified in writing of the decision of the appeals board. S 5. Subdivision 4 of section 1266 of the public authorities law, as amended by chapter 415 of the laws of 1966, is amended to read as follows: 4. The authority may establish and, in the case of joint service arrangements, join with others in the establishment of such schedules and standards of operations and such other rules and regulations includ- ing but not limited to rules and regulations governing the conduct and safety of the public as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related services operated by the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. Such rules and regulations governing the conduct and safety of the public shall be filed with the department of state in the manner provided by section one hundred two of the executive law. In the case of any conflict between any such rule or regulation of the authority governing the conduct or the safety of the public and any local law, ordinance, rule or regulation, such rule or regulation of the authority shall prevail. Violation of any such rule or regulation of the authority governing the conduct or the safety of the public in or upon any facili- ty of the authority shall constitute an offense and shall be punishable by a fine not exceeding fifty dollars or imprisonment for not more than thirty days or both OR MAY BE PUNISHABLE BY THE IMPOSITION OF A CIVIL PENALTY BY THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSUANT TO THE PROVISIONS OF TITLE NINE OF THIS ARTICLE. S 6. This act shall take effect immediately.

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