Bill S7608-2013

Relates to the adjudication of toll collection violations

Relates to the adjudication of toll collection violations.

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  • May 15, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S7608

TITLE OF BILL: An act to amend the public authorities law, in relation to adjudication of toll collection violations

PURPOSE: To authorize the New York State Thruway Authority and the New York State Bridge Authority to establish an administrative tribunal to adjudicate the liability of owners for violation of toll collection regulations.

SUMMARY OF PROVISIONS:

Section 1. Adds three new subdivisions, 15, 16 and 17, to section 2985 of the public authorities law. Subdivision 15 authorizes and empowers a public authority that operates a toll highway, bridge or tunnel facility to impose an administrative fee or fees on an owner, operator or account holder that has violated toll collection regulations. Subdivision 16 allows any required notice to be sent, with consent, by electronic means of communication. Subdivision 17 authorizes the New York State Thruway Authority and the New York State Bridge Authority to adopt rules and regulations establishing an administrative tribunal to adjudicate the liability of vehicle owners for violation of toll collection regulations.

Section 2. Amends subdivision 10 of section 1209-a of the public authorities law to exclude penalties, evaded tolls and other charges collected and paid to the Triborough Bridge and Tunnel Authority from the requirement that such penalties be deposited in a transit crime fund established by such authority.

Section 3. Effective date.

JUSTIFICATION: This bill would strengthen the ability of the Thruway Authority and the Bridge Authority to effectively manage and enforce the collection of tolls throughout the State. Toll violators cost the tolling authorities tens of millions of dollars each year, and the current law is outdated and ineffective in enforcing against persistent violators. Some persistent violators owe in excess of $100,000 in tolls and fees.

Current law requires that violations of toll collection regulations be adjudicated through local courts, creating a burdensome process for the affected public authorities to go after offenders which often results in violators not facing consequences for their actions. Allowing the Thruway Authority and the Bridge Authority to establish administrative tribunals to adjudicate toll collection violations would greatly strengthen their ability to manage and enforce the collection of tolls at the facilities they operate.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7608 IN SENATE May 15, 2014 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to adjudication of toll collection violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2985 of the public authorities law is amended by adding three new subdivisions 15, 16 and 17 to read as follows: 15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY, BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS. 16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE OF ELECTRONIC NOTICE. 17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS- DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN- ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR- INGS VIA VIDEOCONFERENCING.
S 2. Subdivision 10 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: 10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in its discretion, to reduce the incidence of crimes and infractions on transit facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or the city of New York for such purposes. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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