Senate Bill S504

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    504
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06317-01-9

 S. 504                              2
 
 ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT  OF  HEAR-
 INGS VIA VIDEOCONFERENCING.
   §  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 trans-
 it 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  authori-
 ty, 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.