NY State Senate Bill 2009-S3618

Senate Bill S3618

2009-2010 Legislative Session

Increases maximum civil penalties authorized to be imposed for violations of the rules of the New York city transit authority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

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
Jan 06, 2010	referred to transportation
Mar 25, 2009	referred to transportation

2009-S3618 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1204 & 1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5870
2013-2014: S756

2009-S3618 (ACTIVE) - Summary

Increases maximum civil penalties authorized to be imposed for violations of the rules of the New York city transit authority; provides that the notice of violation of any such rule shall be mailed by first class mail, rather than by registered or certified mail.

2009-S3618 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3618

 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 OF BILL :

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 authorities 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 $250 the maximum civil fine for
violation of the NYCT's Rules of Conduct. Section 1 also authorizes
TAB to increase from $50 to $70 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 $320 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.

 LEGISLATIVE HISTORY :

The part of the proposal that will increase the fines for TAB
violations is new.

MTA has been proposing allowing service by first class mail since 1996
recently introduced bills are:
2005-2006: S.8225
2003-2004: A.8984A/S.5668
2001-2002: A.8961/S.5023

 STATEMENT IN SUPPORT :

This bill will make TAB proceedings more effective, by increasing the
deterrent effect of its sanctions, and easing the administrative and
financial burden those proceedings place on NYCT.

TAB was established in 1984 to provide a civil alternative to the
Criminal Courts for the adjudication of infractions of the 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. The fine structure for violations
of the NYCT's Rules of Conduct has remained unchanged since its
inception" At the same time, the Bureau of Labor Statistics reports an
increase in the Consumer Price Index for the New York City region of
more than 100 percent between 1985 and 2007. In order for the NYCT's
Rules of Conduct and TAB to continue to maintain their deterrent
effect, it is necessary to adjust the fine structure 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 as it would lessen the burden placed on NYCT by notice
requirements.

NYCT must personally serve an initial notice of violation ~fN.YCT
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 $525 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.

 BUDGET IMPLICATIONS :

The first-class mail portion of this bill will save the MTA an
estimated $100,000 annually.

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 :
This bill would take effect immediately.

2009-S3618 (ACTIVE) - Bill Text download pdf

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

                                  3618

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by Sen. DILAN -- (at request of the Metropolitan Transporta-
  tion Authority) -- 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  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] TWO hundred FIFTY
dollars (exclusive of interest or costs assessed thereon), in accordance
with a schedule of such penalties as may from time  to  time  be  estab-
lished by rules of the authority. Such schedule of penalties may provide
for  the  imposition  of  additional penalties, not to exceed a total of
[fifty] SEVENTY dollars for  each  violation,  upon  the  failure  of  a
respondent  in  any  proceeding  commenced  with  respect  to  any  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09378-02-9

S. 3618                             2

violation to make timely response to or appearance in connection with  a
notice  of  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 sanctions, for the confiscation of tokens, tickets, cards or other
fare  media  that  have  been forged, counterfeit, improperly altered or
transferred, 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]  THREE
hundred  [fifty]  TWENTY  dollars  for any transit infraction within its
jurisdiction, 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

S. 3618                             3

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. This act shall take effect immediately.

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