Senate Bill S4318

                            
                    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.