S5870-2011 Actions

• Jan 23, 2012: referred to corporations, authorities and commissions
• Jan 23, 2012: DELIVERED TO ASSEMBLY
• Jan 23, 2012: PASSED SENATE
• Jan 18, 2012: ADVANCED TO THIRD READING
• Jan 10, 2012: 2ND REPORT CAL.
• Jan 9, 2012: 1ST REPORT CAL.28
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Aug 3, 2011: REFERRED TO RULES

S5870-2011 Meetings

S5870-2011 Calendars

S5870-2011 Votes

S5870-2011 Memo

BILL NUMBER:S5870

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the maximum civil
penalties and service by mail provisions of the transit adjudication
bureau of the New York city transit authority

PURPOSE:
This proposal increases the maximum allowable fine for
violations of New York City Transit's Rules of Conduct (the NYCT
Rules of Conduct) and for failure to appear at a scheduled Transit
Adjudication Board (TAB) hearing or not timely responding, and
authorizes service of various notices by first-class mail.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Public Authorities Law
("PAL") § 1204(5-a) to increase from $100 to $500 the
maximum civil fine for violation of NYCT's Rules of Conduct. Section
1 also authorizes TAB to increase from $50 to $100 the penalties for
those who violate NYCT's Rules of Conduct for failure to appear or
make a timely response before the TAB.

Section 2 of the bill would amend PAL § 1209-a(4)(b) to increase
civil penalties for transit infractions from $150 to $600 per
infraction.

Section 3 of the bill would amend PAL § 1209-a(7)(a) and (g) to
authorize service of notice of TAB hearing dates and orders, by first
class mail, rather than registered or certified mail.

Section 4 of the bill would amend PAL § 1209-a(8) to authorize service
of notices of TAB Appeals Board hearing dates by first-class mail,
rather than registered or certified mail.

Section 5 of the bill provides for an immediate effective date.

EXISTING LAW:
PAL §§ 1204.5-a and 1209-a(4)(b) limit the maximum fine for TAB
violations to $100, and up to an additional $50 in penalties when
respondents fail to adhere to required TAB procedures.

PAL §1209-a(5) requires that notices of violation of NYCT Rules of
Conduct be personally served. The pertinent provisions regarding
notices of TAB hearing dates, orders of adjournment, notices of
decisions and orders, and notices of appeals board appearances are
found in § 1209 a(7)(a), 7(g) and 8(d). Though all such notices are
strictly administrative, they must be sent by
registered or certified mail. By contrast, PAL § 1209-a(9)(c)
authorizes TAB to use first-class mail for notices of default and
notices of whether a judgment has been entered against a respondent.

JUSTIFICATION:
This bill will make Transit Adjudication Bureau (TAB) proceedings more
effective by increasing the deterrent effect of its sanctions and


easing the administrative and financial burden those proceedings
place on New York City Transit (NYCT).

TAB was established in 1984 to provide a civil alternative to the
Criminal Courts for the adjudication of infractions of NYCT's Rules
of Conduct. Since its inception, TAB has played a significant role in
reducing fare evasion, graffiti, disorderly conduct, littering, and
other unlawful activities that impact the safety, security and
comfort of NYCT riders. However, despite numerous fare increases and
an over 100 percent increase in the consumer price index between 1985
and 2007, the fine structure for violations of NYCT's Rules of
Conduct has remained unchanged since its inception.

This has hindered TAB's ability to provide an appropriate deterrent to
fare evasion. A recent report issued by the Metropolitan
Transportation Authority's (MTA) Subway Division estimated that 18.5
million people entered NYCT stations without paying in 2009, an
average of 50,684 a day. These fare evasions cost the MTA $31
million in revenue. Based on 2009 statistics, the Subway Division's
report estimated that a routine offender could expect to receive
citation once every six to 13 weeks, making it far more economical to
pay the $100 fine rather than the $162 cost to purchase six weekly
metro cards.

In order for NYCT's Rules of Conduct and TAB to provide an appropriate
deterrent effect, it is necessary to adjust the fine structure and
give the TAB the flexibility to keep pace with inflation.

In addition, NYCT began a select bus service (bus rapid transit) pilot
program in the early summer of 2008. There are two distinctive
features of bus rapid transit, both designed to reduce the time
needed for passengers to board. Customers will pre-pay and obtain a
proof of payment receipt which the will be required to maintain in
their possession for the duration of the trip.
And, they will be able to board the bus through both the front and
rear doors. These features create new challenges in preventing fare
evasion -- the ability to impose a far more substantial fine for fare
evasion would be a valuable deterrent and adjunct to any enforcement
effort.

This bill would also make TAB's proceedings more efficient and less
costly by lessening the burden placed on NYCT by notice requirements.

NYCT must personally serve an initial notice of violation of NYCT
rules, the most important notice. Nothing in this bill changes that
requirement. This bill affects only how NYCT will serve later
administrative notices.

Under current law, TAB, like New York City's Parking Violations Bureau
and Environmental Control Board, already uses first-class mail for
some of these notices: notices of default and
notices of whether TAB has entered a judgment against a respondent.
But TAB is required to send other administrative notices by certified
or registered mail. TAB therefore annually sends out some 20,000
pieces of certified mail at a current cost of approximately $5.25 each.
Permitting TAB to serve these kinds of notices by first class mail
will save TAB approximately $100,000 annually in postage costs alone.


It makes little sense to require more expensive and sometimes less
reliable or less convenient certified or registered mail for the vast
majority of TAB notices, but allow first-class mail for other
important TAB notices.

In addition to savings in postage, this bill allows TAB to reduce the
administrative costs of processing its mail by approximately $6,000
annually. Since 1996, when the MTA began proposing this change, the
MTA would have realized approximately $1 million in savings if this
straight-forward, administrative-efficiency bill had been enacted
into law.

Not only is first-class mail less expensive than certified or
registered mail, but it is at least as effective, perhaps more so.
Many notices sent by certified mail are returned to TAB because the
respondent was not available at the time of home delivery, and did
not pick up the certified mail at the post office despite notices
left by the letter carrier. Indeed, TAB relies upon first class
delivery if it is unable to serve a notice by certified mail.
Furthermore, service by first-class mail will benefit recipients, who
will avoid the inconvenience of having to retrieve certified mail
from the post office.

LEGISLATIVE HISTORY:
2009-10: Similar legislation, S.3618 Referred to Transportation

FISCAL IMPLICATIONS:

The first-class mail portion of this bill will save the MTA an
estimated $100,000 annually, with an additional $6,000 in savings in
administrative costs.

The increased fines for TAB violations will likely result in
additional TAB revenues that should be partially offset by a reduced
number of violations based on the expected deterrent effect of the
increased fines.

EFFECTIVE DATE:
Immediately.

S5870-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5870
 2011-2012 Regular Sessions
 I N  SENATE
 August 3, 2011
 
 Introduced  by  Sens. FUSCHILLO, DILAN, GOLDEN -- read twice and ordered
 printed, and when printed to be committed to the Committee on Rules
 

AN ACT to amend the public authorities law, in relation to  the  maximum
 civil  penalties and service by mail provisions of 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 5-a of section 1204 of the public authorities
 law, as amended by chapter 931 of the laws of 1984, is amended  to  read
 as follows:

 5-a.  To make, amend and repeal rules governing the conduct and safety
 of the public as it may deem necessary, convenient or desirable for  the
 use  and  operation  of  the  transit facilities under its jurisdiction,
 including without limitation rules relating to the protection or mainte
 nance of such facilities, the conduct and  safety  of  the  public,  the
 payment of fares or other lawful charges for the use of such facilities,
 the  presentation  or  display of documentation permitting free passage,
 reduced fare passage or full fare passage on  such  facilities  and  the
 protection  of  the  revenue of the authority.  Violations of such rules
 shall be an offense punishable by a fine of  not  exceeding  twenty-five
 dollars or by imprisonment for not longer than ten days, or both, or may
 be  punishable  by  the  imposition  by  the transit adjudication bureau
 established pursuant to the provisions of this title of a civil  penalty
 in an amount for each violation not to exceed [one] FIVE hundred dollars
 (exclusive  of interest or costs assessed thereon), in accordance with a
 schedule of such penalties as may from time to time  be  established  by
 rules  of  the authority. Such schedule of penalties may provide for the
 imposition of additional penalties, not to exceed a total of [fifty] ONE
 HUNDRED dollars for each violation, upon the failure of a respondent  in
 any  proceeding  commenced  with  respect  to any such violation to make
 timely response  to  or  appearance  in  connection  with  a  notice  of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13312-01-1
 
       S. 5870                             2
 violation  of  such  rule or to any subsequent notice or order issued by
 the authority in such proceeding. There shall be no penalty or increment
 in fine by virtue of a respondent's timely exercise of his  right  to  a
 hearing or appeal. The rules may provide, in addition to any other sanc
 tions,  for  the  confiscation  of  tokens, tickets, cards or other fare
 media that have been forged, counterfeit, improperly altered  or  trans
 ferred, or otherwise used in a manner inconsistent with such rules.
 

S  2.  Paragraph  b  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] SIX
 hundred [fifty] dollars for any transit infraction within its  jurisdic
 tion, in accordance with a penalty schedule established by the authority
 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;
 

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.
 
       S. 5870                             3
 (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. This act shall take effect immediately.

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