S T A T E O F N E W Y O R K
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5452--A
Cal. No. 1026
2015-2016 Regular Sessions
I N S E N A T E
May 14, 2015
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation --
reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
AN ACT to amend the public authorities law, in relation to service by
mail provisions of, and jurisdiction over violations occurring on
metropolitan transportation authority omnibuses by 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 3 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:
3. Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit facilities of the authority committed by or
involving persons who are sixteen years of age or over, OR WITH RESPECT
TO ACTS OR INCIDENTS OCCURRING ON OMNIBUSES OWNED OR OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, and with
respect to violation of toll collection regulations of the triborough
bridge and tunnel authority as described in section [two thousand nine]
TWENTY-NINE hundred eighty-five of this chapter, non-exclusive jurisdic-
tion over violations of: (a) the rules which may from time to time be
established by the authority under subdivision five-a of section twelve
hundred four of this chapter; (b) article one hundred thirty-nine of the
health code of the city of New York, as it may be amended from time to
time, relating to public transportation facilities; [and] (c) article
four of the noise control code of the city of New York, as it may be
amended from time to time, insofar as it pertains to sound reproduction
devices; [and] (d) the rules and regulations which may from time to time
be established by the triborough bridge and tunnel authority in accord-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11076-03-5
S. 5452--A 2
ance with the provisions of section [two thousand nine] TWENTY-NINE
hundred eighty-five of this chapter, AND (E) RULES AND REGULATIONS WHICH
MAY FROM TIME TO TIME BE ESTABLISHED BY THE METROPOLITAN TRANSPORTATION
AUTHORITY OR A SUBSIDIARY THEREOF IN ACCORDANCE WITH THE PROVISIONS OF
SECTION TWELVE HUNDRED SIXTY-SIX OF THIS CHAPTER. Matters within the
jurisdiction of the bureau except violations of the rules and regu-
lations of the triborough bridge and tunnel authority shall be known for
purposes of this section as transit infractions. Nothing herein shall be
construed to divest jurisdiction from any court now having jurisdiction
over any criminal charge or traffic infraction relating to any act
committed in a transit or toll facility, or to impair the ability of a
police officer to conduct a lawful search of a person in a transit
facility. The criminal court of the city of New York shall continue to
have jurisdiction over any criminal charge or traffic infraction brought
for violation of the rules of the authority [or], the triborough bridge
and tunnel authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
SUBSIDIARY THEREOF, as well as jurisdiction relating to any act which
may constitute a crime or an offense under any law of the state of New
York or any municipality or political subdivision thereof and which may
also constitute a violation of such rules. The bureau shall have concur-
rent jurisdiction with the environmental control board and the adminis-
trative tribunal of the department of health over the aforesaid
provisions of the health code and noise control code of the city of New
York.
S 2. Paragraphs b and i 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 hundred
fifty dollars for any transit infraction within its jurisdiction, in
accordance with a penalty schedule established by the authority OR THE
METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, AS APPLI-
CABLE, 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;
i. To accept payment of penalties and to remit same to the authority
OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF, AS
APPLICABLE; and
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
S. 5452--A 3
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
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. 5452--A 4
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. Subdivision 4 of section 1266 of the public authorities law, as
amended by chapter 415 of the laws of 1966, is amended to read as
follows:
4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct and
safety of the public as it may deem necessary, convenient or desirable
for the use and operation of any transportation facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.
Such rules and regulations governing the conduct and safety of the
public shall be filed with the department of state in the manner
provided by section one hundred two of the executive law. In the case of
any conflict between any such rule or regulation of the authority
governing the conduct or the safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
governing the conduct or the safety of the public in or upon any facili-
ty of the authority shall constitute an offense and shall be punishable
by a fine not exceeding fifty dollars or imprisonment for not more than
thirty days or both OR MAY BE PUNISHABLE BY THE IMPOSITION OF A CIVIL
PENALTY BY THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSUANT TO THE
PROVISIONS OF TITLE NINE OF THIS ARTICLE.
S 6. This act shall take effect immediately.
