senate Bill S3071

Relates to docketing of decisions and orders of the administrative tribunal of the New York City taxi and limousine commission

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO CITIES
  • 04 / Jan / 2012
    • REFERRED TO CITIES

Summary

Relates to docketing of decisions and orders of the administrative tribunal of the New York City taxi and limousine commission.

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Bill Details

Versions:
S3071
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Amd ยง2303, NYC Chart
Versions Introduced in 2009-2010 Legislative Cycle:
S8172

Sponsor Memo

BILL NUMBER:S3071

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:

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.

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:

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
much-needed revenue 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 the
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:

S.8172/A.11467 - Passed Senate in 2010

FISCAL IMPLICATIONS:

None to New York State.


LOCAL FISCAL IMPLICATIONS:

At least $5.75 Million in fines went undocketed because the law does
not allow for collection against licensees who surrender their license.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3071

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 AND REGU-
LATIONS 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 driv-
ers of vehicles for hire and for violations relating to the operation of
commuter  van  services without authorization and the operation of unli-
censed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05442-01-1

S. 3071                             2

within  the  state.  Before  a  judgment  based upon a default may be so
entered the commission or administrative tribunal shall have first noti-
fied 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 administrative 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  AND  REGULATIONS 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.

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