senate Bill S7608

2013-2014 Legislative Session

Relates to the adjudication of toll collection violations

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Archive: Last Bill Status - In Committee


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

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May 15, 2014 referred to transportation

S7608 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Amd ยงยง2985 & 1209-a, Pub Auth L

S7608 - Bill Texts

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Relates to the adjudication of toll collection violations.

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BILL NUMBER:S7608

TITLE OF BILL: An act to amend the public authorities law, in
relation to adjudication of toll collection violations

PURPOSE: To authorize the New York State Thruway Authority and the
New York State Bridge Authority to establish an administrative
tribunal to adjudicate the liability of owners for violation of toll
collection regulations.

SUMMARY OF PROVISIONS:

Section 1. Adds three new subdivisions, 15, 16 and 17, to section 2985
of the public authorities law. Subdivision 15 authorizes and empowers
a public authority that operates a toll highway, bridge or tunnel
facility to impose an administrative fee or fees on an owner, operator
or account holder that has violated toll collection regulations.
Subdivision 16 allows any required notice to be sent, with consent, by
electronic means of communication. Subdivision 17 authorizes the New
York State Thruway Authority and the New York State Bridge Authority
to adopt rules and regulations establishing an administrative tribunal
to adjudicate the liability of vehicle owners for violation of toll
collection regulations.

Section 2. Amends subdivision 10 of section 1209-a of the public
authorities law to exclude penalties, evaded tolls and other charges
collected and paid to the Triborough Bridge and Tunnel Authority from
the requirement that such penalties be deposited in a transit crime
fund established by such authority.

Section 3. Effective date.

JUSTIFICATION: This bill would strengthen the ability of the Thruway
Authority and the Bridge 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 requires that violations of toll collection regulations be
adjudicated through local courts, creating a burdensome process for
the affected public authorities to go after offenders which often
results in violators not facing consequences for their actions.
Allowing the Thruway Authority and the Bridge Authority to establish
administrative tribunals to adjudicate toll collection violations
would greatly strengthen their ability to manage and enforce the
collection of tolls at the facilities they operate.

LEGISLATIVE HISTORY: New bill.

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.


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

                                  7608

                            I N  S E N A T E

                              May 15, 2014
                               ___________

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, in relation to  adjudication
  of 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  amended  by
adding three new subdivisions 15, 16 and 17 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 THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE  EVIDENCE
OF ELECTRONIC NOTICE.
  17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY  ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH  THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO TIME BE ESTABLISHED  BY  SUCH  AUTHORITIES  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN  THE
COUNTY  IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT  OF  HEAR-
INGS VIA VIDEOCONFERENCING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15276-01-4

S. 7608                             2

  S  2.  Subdivision 10 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:
  10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
ACCORDANCE   WITH   THE   PROVISIONS   OF  SECTION  TWENTY-NINE  HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
provisions  of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce  the  incidence  of  crimes  and
infractions on transit facilities, or to improve the enforcement of laws
against  such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the  city
of New York for such purposes.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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