NY State Senate Bill 2017-S1167

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to transportation
Jan 06, 2017	referred to transportation

2017-S1167 (ACTIVE) - Details

See Assembly Version of this Bill:: A1611
Law Section:: Public Authorities Law
Laws Affected:: Desig §2985 to be Title 11-A, add Title Head, amd §§2985 & 1209-a, Pub Auth L; amd §240, V & T L; amd §§2, 16-a, 16-b & 16-c, Chap 774 of 1950
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7593
2015-2016: S2247, A7602

2017-S1167 (ACTIVE) - Summary

Relates to liability of vehicle owners for toll collection violations.

2017-S1167 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1167

 TITLE OF BILL :  An act to amend the public authorities law, the
vehicle and traffic law and chapter 774 of the laws of 1950, relating
to agreeing with the state of New Jersey with respect to rules and
regulations governing traffic on vehicular crossings operated by the
port of New York authority, in relation to liability of vehicle owners
for toll collection violations

 PURPOSE :

To increase the fines associated with violations of toll collection
regulations.

 SUMMARY OF PROVISIONS :

Section 1. Designates section 2985 of title 11 of article 9 of the
public authorities law as title 11-A with the heading "TOLL
COLLECTIONS".

Section 2. Amends subdivision 1 of section 2985 of the public
authorities law to provide that monetary liability for failure to
comply with toll collection regulations shall be imposed on the owner
of a vehicle only.

Section 3. Amends subdivision 5 of section 2985 of the public

authorities law to provide that a vehicle owner shall be liable for
the full amount of the assessed tolls and other charges and fees, in
addition to monetary penalties. This section also increases the
monetary penalties as follows: from $50 to $100 for a first violation;
from $100 to $200 for a second violation within an 18 month period;
and from $150 to $300 for a third and subsequent violation within an
18 month period.

Section 4. Amends paragraphs (a) and (b) of subdivision 7 of section
2985 of the public authorities law to provide that a notice of
liability shall be sent to the owner of a vehicle alleged to have
violated toll collection regulations no later than sixty days after
the alleged violation. This section also requires such notice to
additionally include the state of the vehicle's registration, the
locations, dates and times of the alleged violation, and the amount of
the assessed toll and other charges and fees.

Section 5. Amends subdivision 8 of section 2985 of the public
authorities law to require that one half the amount of the assessed
tolls, the full amount of other charges and fees and one-half of the
monetary penalty be paid to the public authority whose toll collection
regulations were violated, with the remaining half amount of the
assessed tolls deposited into the highway and bridge capital account
of the dedicated highway and bridge trust fund.

Section 6. Makes a technical amendment to subdivision 10 of section
2985.6 of the Public authorities law.

Section 7. Adds two new subdivisions 15 and 16 to section 2985 of the
public authorities law to authorize and empower a public authority
that operates a toll highway, bridge or tunnel facility to impose an
administrative fee or fees on an owner, an operator or an account
holder that has violated toll collection regulation, and to allow for
any required notices to be sent, with consent, by electronic means of
communication, respectively.

Section 8. Amends paragraph b of subdivision 2 of section 240 of the
vehicle and traffic law to impose a preponderance of evidence standard
upon proceedings relating to violations of toll collection
regulations.
Section 9. Adds a new subdivision 11 to section 1209-a of the public
authorities law to allow any for required notice to be sent, with
consent, by electronic means of communication.

Section 10. Amends section 2 of chapter 774 of the laws of 1950,
relating to the Port Authority of New York and New Jersey, to provide
that the obligation to pay tolls and other charges is incurred at the
time of entry into or use of the particular vehicular crossing.

Section 11. Makes technical amendments to section 16-a of chapter 774
of the laws of 1950, relating to the Port Authority of New York and
New Jersey.

Section 12. Amends subdivision d of section 16-b of chapter 774 of the
laws of 1950, relating to the Port Authority of New York and New
Jersey, to provide that: a notice of liability for a violation of toll
collection regulations shall be sent no later than sixty after the
alleged violation; such notices may be sent, with consent, by
electronic means of communication; and that such notice shall
additionally include the state of the vehicle's registration, the
locations, dates and times of the alleged violation, and the amount of
the assessed toll and other charges and fees.

Section 13. Amends section 16-c of chapter 774 of the laws of 1950,
relating to the Port Authority of New York and New Jersey, to provide
that a vehicle owner shall be liable for the full amount of the
assessed tolls and other charges and fees, in addition to monetary
penalties. This section also increases the monetary penalties as
follows: from $50 to $100 for a first violation; from $100 to $200 for
a second violation within an 18 month period; and from $150 to $300
for a third and subsequent violation within an 18 month period.

Section 14. Effective date.

 JUSTIFICATION :

This bill would strengthen the ability of New York's four authorities
that operate toll facilities-the Thruway Authority, the Metropolitan
Transportation Authority, the Bridge Authority, and the Port
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 provides for a progressive series of fines for those
accumulating toll collection offenses. However, none of the fine
money, not even the amount of the toll evaded, goes back to the
affected public authority. Providing one half of the monetary
penalties to the affected public authority will help to make the
public authority whole and offset the costs incurred in addressing
these types of violations. By increasing the existing fines, there
will be no impact on the entities that currently receive the fine
money. In addition, there is currently no mechanism in law for a
public authority to recover the actual toil lost due to toll evasion.
This bill would allow public authorities to recover these funds by
making restitution in these cases mandatory.

 LEGISLATIVE HISTORY :

2015-16: S2247/A7602 - Transportation/Corporations
2014: S7593 - Transportation Committee

 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.

2017-S1167 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1167
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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, the vehicle and traffic  law
   and  chapter  774  of  the laws of 1950, relating to agreeing with the
   state of New Jersey with respect to rules  and  regulations  governing
   traffic  on  vehicular  crossings  operated  by  the  port of New York
   authority, in  relation  to  liability  of  vehicle  owners  for  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  designated
 title 11-A and a new title heading is added to read as follows:
                              TOLL COLLECTIONS
   §  2.  Subdivision 1 of section 2985 of the public authorities law, as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   1. Notwithstanding any other provision of law, every public  authority
 which  operates  a  toll highway bridge and/or tunnel facility is hereby
 authorized and empowered to impose monetary liability on the owner of  a
 vehicle  for  failure  [of  an operator thereof] to comply with the toll
 collection regulations of such public authority in accordance  with  the
 provisions of this section.
   §  3.  Subdivision 5 of section 2985 of the public authorities law, as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   5. An owner found liable for a  violation  of  toll  collection  regu-
 lations  pursuant to this section shall for a first violation thereof be
 liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER  CHARGES  AND
 FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
 dollars  or two times the toll evaded whichever is greater; for a second
 violation thereof both within eighteen months be  liable  for  THE  FULL
 AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
 monetary  penalty  not to exceed [one] TWO hundred dollars or five times
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01954-01-7

 S. 1167                             2
 
 the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
 violation  thereof  all  within  eighteen  months be liable for THE FULL
 AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
 monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
 ten times the toll evaded whichever is greater.
   § 4. Paragraphs (a) and (b) of subdivision 7 of section  2985  of  the
 public authorities law, as added by chapter 379 of the laws of 1992, are
 amended to read as follows:
   (a)  A  notice  of liability shall be sent by first class mail to each
 person alleged to be  liable  as  an  owner  for  a  violation  of  toll
 collection regulations. Such notice shall be mailed no later than [thir-
 ty]  SIXTY  days  after  the alleged violation. Personal delivery on the
 owner shall not be required. A manual or  automatic  record  of  mailing
 prepared  in  the  ordinary  course  of  business  shall  be prima facie
 evidence of the mailing of the notice.
   (b) A notice of liability shall contain the name and  address  of  the
 person  alleged  to  be  liable  as  an  owner  for  a violation of toll
 collection regulations pursuant to this section, the registration number
 AND STATE OF REGISTRATION of the vehicle involved in such violation, the
 [location where such violation took place, the date and time] LOCATIONS,
 DATES AND TIMES of such violation, THE AMOUNT OF THE ASSESSED TOLLS  AND
 OTHER CHARGES AND FEES, and the identification number of the photo-moni-
 toring  system  which  recorded  the violation or other document locator
 number.
   § 5. Subdivision 8 of section 2985 of the public authorities  law,  as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   8.  Adjudication  of the liability imposed upon owners by this section
 shall be by the entity having jurisdiction over violations of the  rules
 and  regulations of the public authority serving the notice of liability
 or where authorized by an administrative  tribunal  and  all  violations
 shall  be  heard  and determined in the county in which the violation is
 alleged to have occurred, or in New York city and upon  the  consent  of
 both  parties,  in  any  county within New York city in which the public
 authority operates or maintains a facility, and in the  same  manner  as
 charges  of  other  regulatory  violations  of  such public authority or
 pursuant to the rules and regulations of such administrative tribunal as
 the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT  ADJUDICATES
 LIABILITY  FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
 TOLLS AND OTHER CHARGES AND FEES IN ADDITION  TO  THE  MONETARY  PENALTY
 OWED,  AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
 LATIONS WERE VIOLATED THE HALF AMOUNT OF THE ASSESSED TOLLS, FULL AMOUNT
 OF OTHER CHARGES AND FEES AND ONE-HALF  OF  THE  MONETARY  PENALTY,  AND
 DEPOSIT REMAINING HALF AMOUNT OF THE ASSESSED TOLLS INTO THE HIGHWAY AND
 BRIDGE  CAPITAL  ACCOUNT  OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND
 ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   § 6. Subdivision 10 of section 2985 of the public authorities law,  as
 amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
 follows:
   10. An owner who is a lessor of a vehicle to which a notice of liabil-
 ity was issued pursuant to subdivision seven of this section  shall  not
 be  liable  for the violation of the toll collection regulation provided
 that he or she sends to the  public  authority  serving  the  notice  of
 liability and to the court or other entity having jurisdiction a copy of
 the  rental, lease or other such contract document covering such vehicle
 on the date of the violation, with the name and address  of  the  lessee
 clearly  legible,  within  thirty  days  after  receiving [the original]

 S. 1167                             3
 
 notice of liability. Failure to send such information within such thirty
 day  time  period  shall  render  the  lessor  liable  for  the  penalty
 prescribed   by  this  section.  Where  the  lessor  complies  with  the
 provisions  of  this subdivision, the lessee of such vehicle on the date
 of such violation shall be deemed to be the owner of  such  vehicle  for
 purposes  of  this  section  and  shall  be subject to liability for the
 violation of toll  collection  regulations,  provided  that  the  public
 authority  mails  a  notice  of  liability to the lessee within ten days
 after the court, or other entity having jurisdiction, deems  the  lessee
 to  be  the  owner.  For  purposes of this subdivision the term "lessor"
 shall mean any person, corporation, firm, partnership,  agency,  associ-
 ation  or  organization  engaged  in  the business of renting or leasing
 vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
 wherein  the  said  lessee has the exclusive use of said vehicle for any
 period of time. For purposes of  this  subdivision,  the  term  "lessee"
 shall  mean  any person, corporation, firm, partnership, agency, associ-
 ation or organization that rents, leases or contracts for the use of one
 or more vehicles and has exclusive use thereof for any period of time.
   § 7. Section 2985 of the public authorities law is amended  by  adding
 two new subdivisions 15 and 16 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 THE ORDINARY COURSE OF BUSINESS SHALL BE  ADEQUATE  EVIDENCE
 OF ELECTRONIC NOTICE.
   §  8.  Paragraph  b of subdivision 2 of section 240 of the vehicle and
 traffic law, as added by chapter 715 of the laws of 1972, is amended  to
 read as follows:
   b.  No  charge  may  be  established  except upon proof by substantial
 evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
 SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
 LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
 HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
 MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
 SUBMITTED.
   § 9. Section 1209-a of the public authorities law is amended by adding
 a new subdivision 11 to read as follows:
   11.  NOTICE.  ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
 TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
 BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC  MEANS  OF  COMMUNI-
 CATION.
   § 10. Section 2 of chapter 774 of the laws of 1950, relating to agree-
 ing  with  the state of New Jersey with respect to rules and regulations
 governing traffic on vehicular crossings operated by  the  port  of  New
 York authority, is amended to read as follows:
   §  2.  No  traffic  shall  be permitted in or upon vehicular crossings
 except upon the payment of such tolls and other charges as may from time
 to time be prescribed by the port authority. It is hereby declared to be
 unlawful for any person to refuse to pay, or to evade or to  attempt  to
 evade  the payment of such tolls or other charges. THE OBLIGATION TO PAY

 S. 1167                             4
 
 SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
 USE OF THE PARTICULAR VEHICULAR CROSSING.
   §  11.  Section  16-a  of chapter 774 of the laws of 1950, relating to
 agreeing with the state of New Jersey with respect to  rules  and  regu-
 lations governing traffic on vehicular crossings operated by the port of
 New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
 amended to read as follows:
   § 16-a. Owner liability for failure of operator to  comply  with  toll
 collection  regulations of the port authority. Notwithstanding any other
 provision of law and in accordance  with  the  provisions  of  [section]
 SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
 liable for failure of an  operator  thereof  to  comply  with  the  toll
 collection  regulations of the port authority of New York and New Jersey
 (hereinafter called port authority). The owner of  a  vehicle  shall  be
 liable  pursuant  to  this  section if such vehicle was used or operated
 with the permission of the owner, express or implied,  in  violation  of
 the  toll  collection  regulations  of  the  port  authority,  and  such
 violation is evidenced by information obtained from  a  photo-monitoring
 system,  provided,  however,  that no owner of a vehicle shall be liable
 where the operator of such vehicle has been convicted of a violation  of
 those toll collection regulations for the same incident.
   §  12.  Subdivision  d  of  section 16-b of chapter 774 of the laws of
 1950, relating to agreeing with the state of New Jersey with respect  to
 rules  and regulations governing traffic on vehicular crossings operated
 by the port of New York authority, as added by chapter 379 of  the  laws
 of 1992, is amended to read as follows:
   d.  (i)  A  notice  of liability shall be sent by first class mail OR,
 WITH CONSENT, BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to  each  person
 alleged  to  be  liable  as  an  owner  for a violation pursuant to this
 section of the toll collection regulations of the port  authority.  Such
 notice  shall  be  [mailed] SENT no later than [thirty] SIXTY days after
 the alleged violation. Personal delivery  on  the  owner  shall  not  be
 required.  A  manual or automatic record of [mailing] SENDING THE NOTICE
 prepared in the  ordinary  course  of  business  shall  be  prima  facie
 evidence of the [mailing] SENDING of the notice.
   (ii)  A  notice of liability shall contain the name and address of the
 person alleged to be liable as an owner for  a  violation  of  the  toll
 collection  regulations  of the port authority pursuant to this section,
 the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
 involved  in  such  violation,  the  [location where such violation took
 place, the date and time] LOCATIONS, DATES AND TIMES THAT FORM THE BASIS
 of such violation, THE AMOUNT OF THE ASSESSED TOLLS  AND  OTHER  CHARGES
 and  the  identification  number  of  the  photo-monitoring system which
 recorded the violation or other document locator number.
   (iii) The notice of liability shall contain information  advising  the
 person  charged  of  the manner and the time in which he may contest the
 liability alleged in the notice. Such notice  of  liability  shall  also
 contain  a warning to advise the persons charged that failure to contest
 in the manner and time provided shall be deemed an admission of  liabil-
 ity and that a default judgment may be entered thereon.
   (iv)  The  notice  of liability shall be prepared and [mailed] SENT by
 the port authority or its duly authorized agent.
   § 13. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
 agreeing  with  the  state of New Jersey with respect to rules and regu-
 lations governing traffic on vehicular crossings operated by the port of

 S. 1167                             5

 New York authority, as added by chapter 379 of  the  laws  of  1992,  is
 amended to read as follows:
   §  16-c.  Adjudication  of  liability.  Adjudication  of the liability
 imposed upon an owner by section 16-a of this act for a violation of the
 toll collection regulations of the port authority occurring  within  the
 territorial  limits of the state of New York shall be in accordance with
 the vehicle and traffic law of New York as set forth  in  sections  235,
 236, 237, 239, 240, 241, 401, 510 and 1809 of such law, or by such enti-
 ty  having  jurisdiction  over  violations  of the toll collection regu-
 lations of the port authority occurring within the territorial limits of
 the state of New York, provided that all violations shall be  heard  and
 determined  in  the  county  in  which  the violation is alleged to have
 occurred, or by consent of both parties, OR in any county in  the  state
 of  New York in which the port authority operates or maintains a facili-
 ty.  An owner found liable for a  violation  of  toll  collection  regu-
 lations  pursuant to this section shall for a first violation thereof be
 liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND  OTHER  CHARGES  AND
 FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
 dollars  or two times the toll evaded whichever is greater; for a second
 violation thereof both within eighteen months be  liable  for  THE  FULL
 AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
 monetary penalty not to exceed [one] TWO hundred dollars or  five  times
 the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
 violation thereof all within eighteen months  be  liable  for  THE  FULL
 AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
 monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
 ten  times the toll evaded whichever is greater.  THE HALF AMOUNT OF THE
 ASSESSED TOLLS, AND THE FULL AMOUNT OF OTHER CHARGES AND FEES  AND  ONE-
 HALF  OF  SUCH  MONETARY  PENALTIES  COLLECTED SHALL BE PAID TO THE PORT
 AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL
 BE RETAINED OR DISTRIBUTED BY THE TRIBUNAL OR  ENTITY  ADJUDICATING  THE
 VIOLATION IN ACCORDANCE WITH EXISTING LAW; AND THE REMAINING HALF AMOUNT
 OF  THE  ASSESSED  TOLLS  SHALL BE DEPOSITED INTO THE HIGHWAY AND BRIDGE
 CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
 LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   §  14.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.

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Senate Bill S1167

Sponsored By

Archive: Last Bill Status - Stricken

2017-S1167 (ACTIVE) - Details

2017-S1167 (ACTIVE) - Summary

2017-S1167 (ACTIVE) - Sponsor Memo

2017-S1167 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1167

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - Stricken

2017-S1167 (ACTIVE) - Details

2017-S1167 (ACTIVE) - Summary

2017-S1167 (ACTIVE) - Sponsor Memo

2017-S1167 (ACTIVE) - Bill Text download pdf

Comments