NY State Senate Bill 2011-S4318

Senate Bill S4318

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Mar 12, 2012	advanced to third reading
Mar 07, 2012	2nd report cal.
Mar 06, 2012	1st report cal.309
Jan 04, 2012	referred to cities
Jun 24, 2011	committed to rules
Apr 11, 2011	advanced to third reading
Apr 06, 2011	2nd report cal.
Apr 05, 2011	1st report cal.314
Mar 29, 2011	referred to cities

Votes

- Mar 6, 2012 - Committee Vote
  S4318
  
  5
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 6, 2012
      
      aye (5)
      
      Avella
      
      DeFrancisco
      
      Grisanti
      
      Lanza
      
      Robach
      
      excused (1)
      
      Oppenheimer
  Apr 5, 2011 - Committee Vote
  S4318
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 5, 2011
      
      aye (6)
      
      Avella
      
      DeFrancisco
      
      Grisanti
      
      Lanza
      
      Oppenheimer
      
      Robach

co-Sponsors

2011-S4318 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Charter
Laws Affected:: Amd §2303, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3604
2015-2016: S4036

2011-S4318 (ACTIVE) - Summary

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

2011-S4318 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4318

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:
This New York City Program bill relates to docketing of decisions and
orders of the Administrative Tribunal of the New York City Taxi and
limousine Commission.

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:
This bill 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.

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
fines it is owed 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 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:
2010: Similar to S.8172 - Passed Senate/A.11467 - Referred to Cities.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
New York City would collect at least $5.75 Million in fines that went
undocketed because the law does not allow for collection against
licensees who surrender their license.


EFFECTIVE DATE:
Immediately.

2011-S4318 (ACTIVE) - Bill Text download pdf

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

                                  4318

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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 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 drivers of vehicles for hire
and  for  violations  relating to the operation of commuter van services
without authorization and the operation of unlicensed 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 within the state. Before a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05442-02-1

S. 4318                             2

judgment based upon a default may be so entered the commission or admin-
istrative tribunal shall have first notified  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  administra-
tive 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 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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Senate Bill S4318

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Sponsored By

Andrew J. Lanza