A09633 Summary:

BILL NOA09633B
 
SAME ASNo Same As
 
SPONSORRodriguez
 
COSPNSRBenedetto, Blake, Brennan, Crespo, Gottfried, Hevesi, Joyner, Linares, Mosley, Ortiz, Quart, Rosenthal, Sepulveda, Simon, Kavanagh, Robinson, Abinanti, Mayer, Wright, Titone, Seawright, Paulin, Cusick
 
MLTSPNSRBuchwald, Cancel, Galef, Hooper, Thiele
 
Add Art 44-B 1701 - 1706, amd 510 & 401, V & T L; add 97-pppp, St Fin L, add 1279-d, amd 2985, Pub Auth L; amd 1212-A, Tax L; amd 182, Exec L
 
Establishes the Move New York Fair Plan; creates a Move New York mobility fund, provides for outer bridges to be tolled in accordance with a specified ratio, provides for a taxi surcharge on certain vehicles, rescinds certain provisions of the tax law, establishes authority for the receipt and disbursement of realized funds.
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A09633 Actions:

BILL NOA09633B
 
03/23/2016referred to ways and means
05/19/2016amend and recommit to ways and means
05/19/2016print number 9633a
06/13/2016amend and recommit to ways and means
06/13/2016print number 9633b
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A09633 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9633--B
 
                   IN ASSEMBLY
 
                                     March 23, 2016
                                       ___________
 
        Introduced  by  M.  of  A. RODRIGUEZ, BENEDETTO, BLAKE, BRENNAN, CRESPO,
          GOTTFRIED, HEVESI, JOYNER, LINARES, MOSLEY, ORTIZ,  QUART,  ROSENTHAL,
          SEPULVEDA, SIMON, KAVANAGH, ROBINSON, ABINANTI, MAYER, WRIGHT, TITONE,
          SEAWRIGHT,  PAULIN, CUSICK -- Multi-Sponsored by -- M. of A. BUCHWALD,
          CANCEL, GALEF, HOOPER, THIELE -- read once and referred to the Commit-
          tee on Ways and Means -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to establishing
          the Move New York Fair Plan;  to  amend  the  state  finance  law,  in
          relation to establishing the Move New York mobility fund; to amend the
          public authorities law, in relation to the collection and disbursement
          of  the funds of such plan; to amend the executive law, in relation to
          diversion of metropolitan transportation authority funds; and to amend
          the tax law, in relation to rescinding certain tax exemptions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  article 44-B to read as follows:
     3                                ARTICLE 44-B
     4                           MOVE NEW YORK FAIR PLAN
     5  Section 1701. Definitions.
     6          1702. Authorization and establishment of the Move New York  Fair
     7                  Plan.
     8          1703. Move New York toll swap.
     9          1704. Violations and enforcement.
    10          1705. Disposition of revenue and penalties.
    11          1706. Rulemaking authority.
    12    § 1701. Definitions.   For the purposes of this article, the following
    13  terms shall have the following meanings:
    14    1. "City" means the city of New York.
    15    2. "Department" means the department of transportation of the city  of
    16  New York.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13366-18-6

        A. 9633--B                          2
 
     1    3.  "Electronic  fee  collection  system" means a system of collecting
     2  fees which is capable of charging an account holder the appropriate  fee
     3  by  transmission  of  information  from  an electronic device in or on a
     4  vehicle to a device sensor, which information  is  used  to  charge  the
     5  appropriate fee.
     6    4.  "Move  New  York  mobility  fund"  means the fund of the same name
     7  established in section ninety-seven-pppp of the state finance law.
     8    5. "Move New York toll swap" means the imposition of tolls on current-
     9  ly free crossings that lead into that area within the borough of Manhat-
    10  tan south of but excluding 60th Street and the reduction of tolls on the
    11  metropolitan transportation authority's existing  seven  tolled  bridges
    12  specified in subdivision four of section seventeen hundred three of this
    13  article.
    14    6.  "Operation  date"  means the date determined by the department and
    15  the Triborough bridge and tunnel authority  for  the  beginning  of  the
    16  operation and enforcement of the Move New York toll swap, but in no case
    17  later than January first, two thousand nineteen.
    18    7.  "Owner"  means any person, corporation, partnership, firm, agency,
    19  association, lessor, or organization who at the time a vehicle is  oper-
    20  ated:  (a) is the beneficial or equitable owner of such vehicle; (b) has
    21  title to such vehicle; (c) is the registrant or  co-registrant  of  such
    22  vehicle  which  is  registered  with the department of motor vehicles of
    23  this state or any other state, territory, district, province, nation  or
    24  other  jurisdiction; (d) uses such vehicle in its vehicle renting and/or
    25  leasing business; or (e) is an owner  of  such  vehicle  as  defined  by
    26  section  one  hundred twenty-eight or subdivision (a) of section twenty-
    27  one hundred one of this chapter.
    28    8. "Parking violations bureau" means  the  parking  violations  bureau
    29  created  in the department pursuant to section 19-201 of the administra-
    30  tive code of the city of New York.
    31    9. "Vehicle-monitoring system" means a  vehicle  sensor  installed  at
    32  newly tolled crossings, pursuant to this article, to work in conjunction
    33  with  photographic  or  other  recording  equipment  which automatically
    34  produces one or more photographs, one or more microphotographs, a  vide-
    35  otape,  digital record or other recorded images of a vehicle entering or
    36  exiting the perimeter established by such new tolls.
    37    § 1702. Authorization and establishment of  the  Move  New  York  Fair
    38  Plan.   1. The New York city department of transportation and the metro-
    39  politan  transportation  authority  are  hereby  authorized  and  shall,
    40  subject to the completion of any environmental review required by law or
    41  regulation,  establish  and administer the provisions of this article to
    42  be known as the Move New York Fair Plan subject to and conditional  upon
    43  the establishment and continuation of tolls by the Triborough bridge and
    44  tunnel authority as set forth in this section.
    45    2.  The  plan  shall  commence  on the operation date as determined by
    46  agreement between the department and the Triborough  bridge  and  tunnel
    47  authority.
    48    3.  Contracting  and  employment created through the implementation of
    49  this plan shall be required to comply  with  article  fifteen-A  of  the
    50  executive  law  or  the  most  current minority and women-owned business
    51  contracting provisions.
    52    § 1703. Move New York toll swap.  1. The department shall install  and
    53  operate  an  electronic  fee  collection system and a vehicle-monitoring
    54  system or utilize  any  other  technological  means  to  effectuate  the
    55  provisions  of  this  article at points of entry specified in paragraphs
    56  (a) and (b) of this subdivision.  The  department  shall  determine  the

        A. 9633--B                          3
 
     1  appropriate  placement of such systems so as to identify vehicles enter-
     2  ing and exiting the perimeter created by the points specified  by  para-
     3  graphs  (a)  and (b) of this subdivision so as to utilize the electronic
     4  fee collection and vehicle-monitoring system, provided that such systems
     5  shall  be  technologically compatible with the analogous systems used by
     6  the Triborough bridge and tunnel authority at the facilities  identified
     7  in  paragraph  (c)  of  this  subdivision (such that the systems will be
     8  interoperable and customers will utilize the same transponders or  other
     9  means of identification) and be placed at the following locations:
    10    (a)  at each intersection of East or West 60th Street with each north-
    11  bound or southbound roadway that crosses East or West 60th Street in the
    12  borough of Manhattan, including where 60th Street would  intersect  both
    13  Franklin  Delano Roosevelt Drive and Route 9A if it extended east to the
    14  East River and west to the Hudson River, such that any vehicle traveling
    15  in a northerly or southerly direction and passing over East or West 60th
    16  Street, as described above, will be monitored and eligible for tolling;
    17    (b) the Brooklyn Bridge, the Ed Koch Queensboro Bridge, the  Manhattan
    18  Bridge, and the Williamsburg Bridge; and
    19    (c) the Brooklyn Battery Tunnel and the Queens Midtown Tunnel.
    20    (d)  Notwithstanding  the  opening  paragraph of this subdivision, the
    21  department shall not place such  systems  at  the  Lincoln  Tunnel,  the
    22  Holland  Tunnel or any other crossing not otherwise named in this subdi-
    23  vision.
    24    2. The cost of tolls at points of entry specified in  paragraphs  (a),
    25  (b),  and  (c)  of  subdivision one of this section shall be uniform and
    26  equal to those tolls established from time to  time  by  the  Triborough
    27  bridge  and tunnel authority at the locations specified in paragraph (c)
    28  of subdivision one of this section.  Such tolls and all other  tolls  at
    29  the  facilities of the Triborough bridge and tunnel authority may there-
    30  after be adjusted from time to time  as  determined  by  the  Triborough
    31  bridge  and  tunnel  authority  in its sole discretion and in accordance
    32  with those procedures applicable to the setting of tolls  for  authority
    33  facilities generally.
    34    2-a.  Notwithstanding  the  provisions  of  subdivision  two  of  this
    35  section, the toll charged for westbound vehicles  utilizing  the  north-
    36  bound  exit of the Ed Koch Queensboro Bridge shall be fifty-five percent
    37  of the cost charged at all other points of entry on such bridge.
    38    3. Tolls collected at points of entry specified in paragraphs (a)  and
    39  (b)  of subdivision one of this section shall, excepting revenue derived
    40  from tolls on facilities operated by the Triborough  bridge  and  tunnel
    41  authority,  be  transferred  into the Move New York mobility fund estab-
    42  lished by section ninety-seven-pppp of  the  state  finance  law.    All
    43  revenue  collected  from the tolls at points of entry specified in para-
    44  graph (c) of subdivision one  of  this  section  shall  continue  to  be
    45  collected and retained by the Triborough bridge and tunnel authority.
    46    4.  The  tolls  at the points of entry specified in paragraphs (a) and
    47  (b) of subdivision one of this section shall be imposed as of the opera-
    48  tion date, and maintained thereafter, only if, simultaneously, the then-
    49  prevailing tolls at the following locations are lowered  and  maintained
    50  thereafter  by  the Triborough bridge and tunnel authority in accordance
    51  with the provisions of subdivision five of this section:
    52    (a) Henry Hudson bridge;
    53    (b) Triborough bridge;
    54    (c) Whitestone bridge;
    55    (d) Throgs Neck bridge;
    56    (e) Cross Bay Veterans memorial bridge;

        A. 9633--B                          4
 
     1    (f) Marine parkway-Gil Hodges memorial bridge; and
     2    (g) Verrazano bridge.
     3    5. The price of the tolls at the point of entry specified by:
     4    (a) Paragraph (a) of subdivision four of this section shall be uniform
     5  and  not  more  than  twenty-eight  percent of the electronic direct-pay
     6  rate, or fifty-six percent of the cost of  the  pay-by-mail  rate,  that
     7  would be charged to a vehicle at the tolls at the points of entry speci-
     8  fied in paragraphs (a), (b) and (c) of subdivision one of this section;
     9    (b)  Paragraphs  (b),  (c),  (d)  and  (g) of subdivision four of this
    10  section shall be uniform and not more than  fifty-five  percent  of  the
    11  electronic direct-pay rate, or sixty percent of the cost of the toll-by-
    12  mail rate, that would be charged to a vehicle at the tolls at the points
    13  of  entry specified in paragraphs (a), (b) and (c) of subdivision one of
    14  this section; and
    15    (c) Paragraphs (e) and (f) of subdivision four of this  section  shall
    16  be uniform and not more than twenty percent of the electronic direct-pay
    17  rate,  or thirty-four percent of the cost of the toll-by-mail rate, that
    18  would be charged to a vehicle at the tolls at the points of entry speci-
    19  fied in paragraphs (a), (b) and (c) of subdivision one of this section.
    20    (d) For those bridges where a governor-approved resident toll discount
    21  is currently in effect, the resident rate for those same crossings shall
    22  be fifty percent of the standard toll under this plan for those vehicles
    23  equipped with electronic, onsite, direct payment technology.  The  fifty
    24  percent  discount  shall remain in effect through December thirty-first,
    25  two thousand twenty-four. Thereafter, its renewal shall  be  subject  to
    26  approval  every  five  years  as part of the metropolitan transportation
    27  authority's capital program budget approval process.
    28    6. In the event that the Triborough bridge and tunnel authority  fails
    29  to  establish  and  maintain  tolls at the facilities specified in para-
    30  graphs (a) through (g) of subdivision four of  this  section  at  levels
    31  consistent  with  the  ratios  established  by  subdivision five of this
    32  section, then the authority to  establish  and  maintain  tolls  at  the
    33  facilities  specified  in  paragraphs  (a) and (b) of subdivision one of
    34  this section shall lapse and be of no force and effect. Vehicles  regis-
    35  tered  in  any borough that lacks subway service to the central business
    36  district which are traveling to or from the central  business  district,
    37  shall  be  limited  to  one toll per direction so long as the vehicle in
    38  question is using E-ZPass or other form of instant, onsite  payment  and
    39  that  the  second tolled facility the driver may cross is reached within
    40  two hours of the first tolled facility in that direction being  crossed,
    41  where  the  tolled  facilities  in question are those specified in para-
    42  graphs (a) and (b) of subdivision one and paragraph (g)  of  subdivision
    43  four of this section.
    44    7. (a) The New York city taxi and limousine commission, pursuant to an
    45  agreement  to be entered into with the Move New York Highway and Transit
    46  Authority, but in no case later than January first, two  thousand  nine-
    47  teen  shall  be authorized to impose and shall impose a surcharge on all
    48  taxis, black cars, liveries and for-hire vehicles licensed  by  the  New
    49  York  city  taxi  and  limousine  commission  picking  up or discharging
    50  passengers within the hail exclusionary zone as defined by the taxi  and
    51  limousine commission.
    52    (b)  Such  charge shall be determined as follows: twelve cents per two
    53  tenths of one mile traveled at a speed of six miles  per  hour  or  more
    54  plus twenty cents per two tenths of one mile traveled at a speed of less
    55  than six miles per hour, within the hail exclusionary zone as defined by
    56  the  taxi  and  limousine commission. The charges specified herein shall

        A. 9633--B                          5
 
     1  vary according to subdivision ten of this section. Such charges  may  be
     2  adjusted upward from time to time by the city taxi and limousine commis-
     3  sion.
     4    (c)  All charges under this subdivision shall be collected by the taxi
     5  and limousine commission and remitted to the Move New York  Highway  and
     6  Transit Authority on a quarterly basis.
     7    (d)  Notwithstanding any contrary provision of law, any for hire vehi-
     8  cle or taxi subject to the surcharge specified by subdivision  seven  of
     9  this section shall be exempt from the tolls specified in paragraphs (a),
    10  (b) and (c) of subdivision one of this section.
    11    8.  (a)  A commercial vehicle, as defined by the New York city traffic
    12  rules, equipped with an operational commercial E-ZPass,  shall  only  be
    13  charged  a  single round trip toll per day notwithstanding the number of
    14  times such vehicle may cross the perimeter of the tolls  established  by
    15  this section.
    16    (b)  All  vehicles and vehicle types or classes shall pay the new toll
    17  crossings with the exception of emergency vehicles  and  New  York  city
    18  government  vehicles  as  may  be  provided  pursuant to the rule making
    19  authority of the Move New York Highway and Transit Authority Board.
    20    9. It shall be a violation of this section for the owner of any  vehi-
    21  cle  subject  to a toll charge pursuant to this article or any surcharge
    22  pursuant to subdivision seven of this section to fail to pay  such  toll
    23  charge  or  surcharge to the department within thirty days after the end
    24  of a day in which the vehicle has incurred such toll charge or surcharge
    25  pursuant to this section or within fifteen  days  of  receiving  written
    26  notice, whichever is later.
    27    10.  The  department  by  agreement with the Move New York Highway and
    28  Transit Authority and the Triborough  bridge  and  tunnel  authority  is
    29  hereby  authorized  to  establish  a demand-based pricing scheme whereby
    30  tolls shall be higher during times of heavy  traffic  volume  and  lower
    31  during  times  of lighter traffic volume, provided, however, that in all
    32  cases revenue raised from the fees established  by  this  section  shall
    33  meet  or exceed the revenue that would have been raised if rates did not
    34  change throughout the day, as provided for in this section of this arti-
    35  cle.
    36    Nothing herein is intended nor shall it be construed to limit or modi-
    37  fy the authority and power of the Triborough bridge and tunnel authority
    38  to establish tolls at its own facilities in its sole discretion.
    39    § 1704. Violations and enforcement.    1.  Notwithstanding  any  other
    40  provision of law, violations of this article shall be adjudicated pursu-
    41  ant to this section. The owner of a vehicle shall be liable for a penal-
    42  ty imposed pursuant to this section if such vehicle was used or operated
    43  with  the permission of the owner, expressed or implied, in violation of
    44  this article, and such violation is evidenced  by  information  obtained
    45  from a vehicle-monitoring system or other credible evidence.
    46    2.  A  certificate,  sworn  to or affirmed by a technician employed or
    47  contracted by the city, or a  facsimile  or  electronic  image  thereof,
    48  based  upon  inspection  of  photographs,  microphotographs,  videotape,
    49  digital record, digital recording or other recorded images produced by a
    50  vehicle-monitoring system shall be prima facie  evidence  of  the  facts
    51  contained therein. Any photographs, microphotographs, videotape, digital
    52  recording,  digital  record,  or other recorded images evidencing such a
    53  violation shall be available for inspection in any proceeding to adjudi-
    54  cate the liability for such violation pursuant to this section.

        A. 9633--B                          6
 
     1    3. Notwithstanding any other provision of law, an owner liable  for  a
     2  violation  of  this  article  shall  be liable for monetary penalties in
     3  accordance with the following initial schedule:
     4       (a) for failure to respond to written
     5           notice within thirty days ....................... Fifty dollars
     6       (b) for failure to respond to written
     7           notice within sixty days .................. One hundred dollars
     8       (c) for failure to respond to written
     9           notice within ninety or more days ... One hundred fifty dollars
    10    The  department  of  finance  of  the  city of New York or the parking
    11  violations bureau shall adjudicate liability imposed by this section.
    12    4. An imposition of liability pursuant to this section  shall  not  be
    13  deemed  a  conviction  as  an operator and shall not be made part of the
    14  operating record of the person upon whom such liability is  imposed  nor
    15  shall  it be used for insurance purposes in the provision of motor vehi-
    16  cle insurance coverage.
    17    5. A notice of liability shall be sent by first  class  mail  to  each
    18  person alleged to be liable as an owner for a violation of this article.
    19  Personal  service  on the owner shall not be required. A manual or auto-
    20  matic record of mailing prepared in  the  ordinary  course  of  business
    21  shall be prima facie evidence of the facts contained therein. The notice
    22  of liability shall contain the following information:
    23    (a)  the  name  and  address  of the person alleged to be liable as an
    24  owner for a violation of this article;
    25    (b) the registration number of the vehicle involved in such violation;
    26    (c) the date, time, and location or  locations  where  such  violation
    27  took place;
    28    (d)  the  identification  number  of  the vehicle-monitoring system or
    29  other document locator number;
    30    (e) information advising the person charged of the manner and time  in
    31  which he or she may contest the liability alleged in the notice; and
    32    (f)  a warning to advise the person charged that failure to contest in
    33  the manner and time provided shall be deemed an admission of  liability,
    34  may subject the person to additional penalties, and that a default judg-
    35  ment may be issued thereon.
    36    6. If the evidence of the violation is derived from an official source
    37  other  than  the  vehicle-monitoring system, such as from an employee of
    38  the police department of the city, the notice shall  contain  sufficient
    39  information  detailing  the  name  and  title  of  the city employee who
    40  observed the violation in  addition  to  the  information  described  in
    41  subdivision five of this section.
    42    7. If an owner receives a notice of liability pursuant to this section
    43  for  any time period during which the vehicle was reported to the police
    44  department as having been stolen, it shall be  a  valid  defense  to  an
    45  allegation of liability for a violation of this article that the vehicle
    46  had  been  reported  to  the  police  as  stolen  prior  to the time the
    47  violation occurred and had not been recovered by such time. For purposes
    48  of asserting the defense provided by this subdivision it shall be suffi-
    49  cient that a certified copy of the police report on the  stolen  vehicle
    50  be  sent  by  first  class  mail to the department of finance or parking
    51  violations bureau.
    52    8. (a) An owner who is a lessor of a vehicle  to  which  a  notice  of
    53  liability  was issued pursuant to subdivision five of this section shall
    54  not be liable for the violation of this article provided that:
    55    (i) prior to the violation the lessor has filed with the department of
    56  finance of the city of New York or the  parking  violations  bureau  and

        A. 9633--B                          7
 
     1  paid  the  required  filing  fee  in  accordance  with the provisions of
     2  section two hundred thirty-nine of this chapter; and
     3    (ii)  within thirty-seven days after receiving notice from the depart-
     4  ment of finance of the city of New York or the parking violations bureau
     5  of the date and time of a liability, together with the other information
     6  contained in the original notice of liability, the lessor submits to the
     7  department of finance of the city of New York or the parking  violations
     8  bureau the correct name and address of the lessee of the vehicle identi-
     9  fied  in the notice of liability at the time of such violation, together
    10  with such other additional information contained in the rental lease  or
    11  other contract document, as may be reasonably required by the department
    12  of  finance  of  the  city  of New York or the parking violations bureau
    13  pursuant to regulations that may be promulgated for such purpose.
    14    (b) Failure to comply with subparagraph (ii) of paragraph (a) of  this
    15  subdivision  shall render the owner liable for the penalty prescribed in
    16  this section.
    17    (c) Where the lessor complies with the provisions of this subdivision,
    18  the lessee of such vehicle on the date of such violation shall be deemed
    19  to be the owner of such vehicle for purposes of this section,  and  such
    20  lessee shall be subject to liability for a violation of this article and
    21  shall be sent a notice of liability pursuant to subdivision four of this
    22  section.
    23    9.  If  the  owner  liable for a violation of this article was not the
    24  operator of the vehicle at the time of  the  violation,  the  owner  may
    25  maintain an action for indemnification against the operator.
    26    10. Notwithstanding any other provision of this section, no owner of a
    27  vehicle  shall  be subject to a penalty imposed pursuant to this section
    28  if the operator of such vehicle was operating such vehicle  without  the
    29  consent  of the owner at the time such operator committed a violation of
    30  this article. For the purposes of this subdivision,  there  shall  be  a
    31  presumption that the operator of such vehicle was operating such vehicle
    32  with  the  consent  of  the  owner at the time such operator committed a
    33  violation of this article.
    34    11. Nothing in this section shall be construed to limit the  liability
    35  of an operator of a vehicle for any violation of this article.
    36    §  1705.  Disposition of revenue and penalties. 1. All tolls, fees and
    37  surcharges collected pursuant to this article shall at all times be  the
    38  property  of the Move New York Highway and Transit Authority, except for
    39  that portion allocable and paid to the  Triborough  bridge  and  transit
    40  authority  pursuant  to subdivision five of section ninety-seven-pppp of
    41  the state finance law, which shall be retained by the Triborough  bridge
    42  and  tunnel  authority, shall be deposited on a quarterly basis into the
    43  Move New York mobility fund established by section ninety-seven-pppp  of
    44  the state finance law.
    45    2.  Notwithstanding  any  law to the contrary, all fines and penalties
    46  collected by the Move New York  Highway  and  Transit  Authority  for  a
    47  violation  of  this article pursuant to the provisions of section seven-
    48  teen hundred four of this article shall at all times be the property of,
    49  and shall be paid to, the authority and shall be deposited into the Move
    50  New York mobility fund established by section ninety-seven-pppp  of  the
    51  state finance law.
    52    § 1706. Rulemaking authority. The metropolitan transportation authori-
    53  ty,  the Triborough bridge and tunnel authority, the Move New York High-
    54  way and Transit Authority and any agencies of the  city,  including  the
    55  department  of transportation, the department of finance and the parking
    56  violations bureau, are empowered and authorized to promulgate any  regu-

        A. 9633--B                          8
 
     1  lations  necessary or in aid of their powers and duties pursuant to this
     2  article including adjustments in fees and penalties.
     3    §  2. The state finance law is amended by adding a new section 97-pppp
     4  to read as follows:
     5    § 97-pppp. Move New York mobility fund. 1. There is hereby established
     6  in the joint custody of the state comptroller  and  the  Move  New  York
     7  Highway and Transit Authority, a special revenue fund to be known as the
     8  "Move New York mobility fund".
     9    2. Moneys in the Move New York mobility fund shall  be kept separately
    10  from  and  shall not be commingled with any other moneys in the joint or
    11  sole custody of the state  comptroller  or  metropolitan  transportation
    12  authority.
    13    3.  The  fund  shall  consist  of:  (i) any tolls, fees and surcharges
    14  collected pursuant to article forty-four-B of the  vehicle  and  traffic
    15  law,  except  tolls  collected  on facilities operated by the Triborough
    16  bridge and tunnel authority; (ii)  any  penalties  imposed  pursuant  to
    17  article  forty-four-B of the vehicle and traffic law, and administrative
    18  fees imposed pursuant to  subdivision  fifteen  of  section  twenty-nine
    19  hundred  eighty-five  of the public authorities law; and (iii) any funds
    20  realized by the rescission of the tax  exemption  for  New  York  county
    21  residents pursuant to section twelve hundred twelve-A of the tax law.
    22    4.  Moneys  of  the fund shall be disbursed without appropriation only
    23  upon direction of the Move New York Highway and Transit Authority.
    24    5. Moneys in the fund shall be disbursed in the following fashion  and
    25  order of priority on an annual basis:
    26    (a)  Sufficient  funds  to  cover  the lost revenues from: (i) reduced
    27  tolls on the facilities identified in  paragraphs  (a)  through  (g)  of
    28  subdivision  four  of section seventeen hundred three of the vehicle and
    29  traffic law calculated on  an  annual  basis  based  on  the  historical
    30  percentage  (reflecting  the  three  year  period prior to the operation
    31  date) share that such facilities contribute to all Triborough bridge and
    32  tunnel authority revenues that are collected from all bridge and  tunnel
    33  crossings,  and  (ii)  any  toll  exemptions  to vehicles required by or
    34  implemented pursuant to this article and determined  by  the  Triborough
    35  bridge and tunnel authority and verified by the comptroller on an annual
    36  basis  based  upon actual experience. Such revenue make-up payment shall
    37  be calculated on a quarterly basis and paid by the Move New York Highway
    38  and Transit Authority from the  Move  New  York  mobility  fund  to  the
    39  Triborough  bridge and tunnel authority within thirty days of the end of
    40  each calendar quarter.
    41    (b) Sufficient funds to the department to cover the amortized cost  of
    42  installing,  maintaining and administering the tolls on the roadways and
    43  bridges specified in paragraphs  (a)  and  (b)  of  subdivision  one  of
    44  section seventeen hundred three of the vehicle and traffic law.
    45    (c) Up to the first three hundred million dollars to the New York city
    46  department  of  transportation  for actual and verifiable costs of main-
    47  taining the bridges specified in subdivision one  of  section  seventeen
    48  hundred three of the vehicle and traffic law over a ten year period.
    49    (d)  Four  hundred eighty-seven million dollars annually to the metro-
    50  politan transportation authority, all or a portion of which may be  used
    51  to  secure  indebtedness  of  up  to seven billion three hundred million
    52  dollars by such authority.
    53    (e) Seventy-five million dollars per year  plus  any  funds  allocated
    54  under paragraph (c) of this subdivision that are not required for bridge
    55  maintenance  costs to the New York city department of transportation for
    56  miscellaneous road and bridge maintenance and improvements.

        A. 9633--B                          9
 
     1    (f) As provided in section nine of the chapter  of  the  laws  of  two
     2  thousand  sixteen that added this section one hundred twenty-one million
     3  dollars per year to the metropolitan transportation authority to  imple-
     4  ment  transit  access  improvements  throughout the five boroughs of New
     5  York city.
     6    (g)  Three  hundred million dollars per year to secure indebtedness of
     7  the metropolitan transportation authority of up  to  four  billion  five
     8  hundred  sixty-six  million  dollars  to  be utilized as the Transit Gap
     9  Investment Fund-NYC  to  be  used  by  the  metropolitan  transportation
    10  authority,  the  New  York  city transit authority and the New York city
    11  department of transportation in consultation  with  and  approval  by  a
    12  Transit Gap Investment Fund-NYC board which shall consist of the follow-
    13  ing  officials  or,  at the discretion of such officials, appointees who
    14  shall represent such officials: the governor, the speaker of the  assem-
    15  bly, the temporary president of the senate, the mayor of the city of New
    16  York,  each  borough president of the city of New York, and the New York
    17  city council speaker.  The board shall additionally include the  follow-
    18  ing  ex officio, nonvoting members: the president of the transit workers
    19  union, the chair of the New York city  transit  riders  council  of  the
    20  permanent  citizens  advisory council to the metropolitan transportation
    21  authority, the president of the regional planning association, a  repre-
    22  sentative  from  the  transit  riders advocacy community, such represen-
    23  tative being appointed by the temporary president of the senate, and two
    24  representatives, one of whom shall be appointed  by  the  Hudson  Valley
    25  delegation  of  the New York state legislature, and one of whom shall be
    26  appointed by the Long Island delegation of the New York  state  legisla-
    27  ture.  The  board shall, prior to voting on any spending proposals, hold
    28  at least one public meeting at which an opportunity for  public  comment
    29  on such proposals shall be provided.
    30    (g-1)  The  metropolitan transportation authority, through the Transit
    31  Gap Investment Fund-NYC board, shall dedicate three billion five hundred
    32  million dollars to network expansion projects. In dedicating such funds,
    33  the board shall consider the following  expansion  projects:    citywide
    34  ferry  capital construction (seventy million dollars), Sheridan Express-
    35  way conversion in  the  Bronx  (seventy  million  dollars),  Triboro  RX
    36  circumferential  rapid  transit (one billion dollars), bus rapid transit
    37  on the North Shore of Staten Island (five hundred million dollars), bike
    38  and pedestrian path widening at the Brooklyn  Bridge  (nineteen  million
    39  dollars),  and construction of such paths on the Verrazano Bridge (fifty
    40  million dollars), conversion of the Atlantic Avenue  line  of  the  Long
    41  Island  Rail  Road  to a subway operated by New York City Transit (seven
    42  hundred fifty million dollars), initial work on Phase 2  of  the  Second
    43  Avenue Subway (five hundred million dollars), Manhattan crosstown corri-
    44  dor  select  bus service on 14th; 42nd; 57th and 96th streets (forty-six
    45  million dollars), select bus service between 125th Street  to  LaGuardia
    46  airport;  on  Webster  Avenue  in the Bronx; along the Southern Brooklyn
    47  East-West corridor; along the Southern Bronx East-West  corridor;  along
    48  Woodside  Avenue  in Queens; and along Utica Avenue in Brooklyn (eighty-
    49  three million dollars), G train extension to Queens Plaza or  Queensboro
    50  Plaza  with  a  new pedestrian transfer between the two facilities (four
    51  hundred million dollars); free out of station transfers  between  the  G
    52  and  JMZ  lines  at  the  Broadway  and  Hewes stations; and free out of
    53  station transfers between the G and L lines at the Broadway and  Lorimer
    54  stations  (two  million  dollars), free out of station transfers between
    55  the 3 Line at Junius Street station and the L  Line  at  Livonia  Avenue
    56  station  (one million dollars), and a feasibility study for reactivation

        A. 9633--B                         10
 
     1  of commuter rail service on the lower Montauk branch of the Long  Island
     2  Rail Road (two million dollars).
     3    (g-2)  The  remaining billion dollars shall be allocated by the metro-
     4  politan transportation authority and department of transportation of the
     5  city of New York in the following amounts: three hundred million dollars
     6  for the boroughs  of  Brooklyn  and  Queens,  one  hundred  seventy-five
     7  million  for  the boroughs of the Bronx and Manhattan, and fifty million
     8  for the borough of Staten Island.  Projects from funds dedicated  pursu-
     9  ant to this subdivision shall be used for hyperlocal transit accessibil-
    10  ity  projects  including,  but  not limited to, new bus shelters, subway
    11  station accessibility improvements and streetscape improvements consist-
    12  ent with the New York city department of  transportation's  vision  zero
    13  goals.    In  every borough, each community board shall petition for its
    14  priority projects, and the final list in every borough shall be approved
    15  at the first borough board meeting subsequent to  the  establishment  of
    16  the  board.  Funds  shall be distributed evenly between community boards
    17  within a borough, within a ten percent margin differential.
    18    (g-3) The Transit Gap Investment Fund-NYC shall  be  annually  audited
    19  until  all  moneys  within the fund are depleted by both the state comp-
    20  troller and the comptroller of the city of New York. All  moneys  within
    21  the  fund  shall be expended or allocated within five years of receiving
    22  bonded revenues. The minimum project size shall be up to the  discretion
    23  of the managing agencies.
    24    (h)  Twenty-three  million  five  hundred  thousand  dollars  all or a
    25  portion of which may be used to  secure  indebtedness  of  up  to  three
    26  hundred  fifty  million  dollars to establish the Transit Gap Investment
    27  Fund-Hudson Valley for transit capital projects in the counties of West-
    28  chester, Putnam, Dutchess, Orange,  and  Rockland,  including,  but  not
    29  limited  to,  transforming the Tappan Zee express bus service into a Bus
    30  Rapid Transit line; supplementing existing county bus  system  operating
    31  budgets with up to ten percent of additional funding; investing in tran-
    32  sit-oriented  development  and  increased  parking  capacity  at  select
    33  Metro-North stations; and establishing new express  routes  from  points
    34  originating  west  of the Hudson River into Manhattan's Central Business
    35  District.  Funds provided by this subdivision shall be controlled  by  a
    36  board  consisting  of  the following officials, or their appointees: the
    37  governor, the speaker of the assembly, the temporary  president  of  the
    38  senate,  and  five  members appointed by the Hudson Valley delegation of
    39  the New York state legislature (each of whom shall represent one of  the
    40  five counties) and one member jointly appointed by the five county exec-
    41  utives. The board shall, prior to voting on any spending proposals, hold
    42  at  least  one public meeting at which an opportunity for public comment
    43  on such proposals shall be provided.
    44    (i) Twenty-three million five  hundred  thousand  dollars,  all  or  a
    45  portion  of  which  may  be  used  to secure indebtedness of up to three
    46  hundred fifty million dollars to establish the  Transit  Gap  Investment
    47  Fund-Long  Island to finance transit capital projects in the counties of
    48  Nassau and Suffolk, including, but not limited to: supplementing  exist-
    49  ing  county bus system operating budgets with up to ten percent of addi-
    50  tional funding; investing in transit-oriented development and  increased
    51  parking  capacity  at  Long Island Rail Road stations. Funds provided by
    52  this subdivision shall be  controlled  by  a  board  consisting  of  the
    53  following  officials,  or their appointees: the governor, speaker of the
    54  assembly, the  temporary  president  of  the  senate,  and  two  members
    55  appointed  by  the Long Island delegation of the New York state legisla-
    56  ture (each of whom shall represent one of the two counties) and the  two

        A. 9633--B                         11

     1  county  executives.    The  board shall, prior to voting on any spending
     2  proposals, hold at least one public meeting at which an opportunity  for
     3  public comment on such proposals shall be provided.
     4    (j)  Any  sums remaining in the fund shall be allocated three quarters
     5  to the metropolitan transportation authority and one quarter to the  New
     6  York  city department of transportation to be utilized in both cases for
     7  capital purposes only in the first year there is  a  surplus  and  every
     8  year thereafter.
     9    (k)  In the event that there may be insufficient funds to be disbursed
    10  pursuant to paragraphs (g), (h),  and  (i)  of  this  subdivision,  86.5
    11  percent of available funds shall be allocated to the Transit Gap Invest-
    12  ment Fund-NYC, 6.75 percent of available funds shall be allocated to the
    13  Transit Gap Investment Fund-Hudson Valley, and 6.75 Percent of available
    14  funds shall be allocated to the Transit Gap Investment Fund-Long Island.
    15    §  3.  The  public  authorities law is amended by adding a new section
    16  1279-d to read as follows:
    17    § 1279-d. Move New York Highway and Transit Authority. 1. Creation  of
    18  authority.  There  is  hereby  created a public benefit corporation that
    19  shall be known as the "Move New York  highway  and  transit  authority".
    20  The  authority  shall  be  a  body  corporate and politic constituting a
    21  public benefit corporation. The members of the board of the metropolitan
    22  transportation authority shall serve, ex officio, as the members of  the
    23  board of the Move New York highway and transit authority.
    24    2.  Duties  of  the authority.   The Move New York highway and transit
    25  authority shall have the sole duty of: (a) receiving revenue pursuant to
    26  article forty-four-B of the vehicle and traffic law administered by  the
    27  department  of transportation of the city of New York, any fees or fines
    28  for violations thereof, and any funds realized by the rescission of  the
    29  tax  exemption  for New York county residents pursuant to section twelve
    30  hundred twelve-A of the tax law; (b) disbursing such funds  pursuant  to
    31  subdivision  four  of section ninety-seven-pppp of the state finance law
    32  and in accordance with subdivision five of  such  section;  (c)  issuing
    33  bonds, notes and other obligations against revenue collected under para-
    34  graph  (a)  of  this subdivision; (d) furnishing an annual report on all
    35  receipts and expenditures of the fund, and  operation  expenses  of  the
    36  plan established by article forty-four-B of the vehicle and traffic law,
    37  to  be  published  on  the  website  of  the metropolitan transportation
    38  authority and submitted to the  governor,  state  legislature,  and  the
    39  mayor  and council of the city of New York; and (e) taking all necessary
    40  or convenient measures to effectuate the provisions of this subdivision.
    41    3. Powers of the authority. The authority shall  possess  all  of  the
    42  powers  of the metropolitan transportation authority as described in the
    43  public authorities law as are necessary  to  fulfill  these  duties  and
    44  responsibilities.
    45    4.  Agreement  of the state. The state does hereby pledge to and agree
    46  with the metropolitan transportation authority and its subsidiaries, New
    47  York city transit authority and its subsidiaries, and Triborough  bridge
    48  and tunnel authority, and the holders of any notes, bonds or other obli-
    49  gations,  including lease obligations, issued or incurred, not to impair
    50  the ability of, or interfere with the rights and powers vested  in,  the
    51  metropolitan  transportation  authority  and  its subsidiaries, New York
    52  city transit authority and its subsidiaries, and Triborough  bridge  and
    53  tunnel  authority  by  this title to fulfill the terms of any agreements
    54  made by any of them with the holders thereof, or in any way  impair  the
    55  rights  and  remedies  of  such holders until such notes, bonds or other
    56  obligations, including lease obligations,  together  with  the  interest

        A. 9633--B                         12
 
     1  thereon,  with  interest on any unpaid installments of interest, and all
     2  costs and expenses for which the metropolitan  transportation  authority
     3  or  its  subsidiaries,  New  York city transit authority and its subsid-
     4  iaries,  and  Triborough  bridge  and  tunnel  authority  is  liable  in
     5  connection with any action or proceeding by or on behalf of  such  hold-
     6  ers,  are  fully  met  and  discharged.  The metropolitan transportation
     7  authority and its subsidiaries, New York city transit authority and  its
     8  subsidiaries,  and  Triborough  bridge  and  tunnel  authority  are each
     9  authorized to include this pledge and agreement  of  the  state  in  any
    10  agreement  with  the  holders of such notes, bonds or other obligations,
    11  including lease obligations.
    12    5. Maintenance of effort. Such amount of revenue generated pursuant to
    13  article forty-four-B of the vehicle and traffic  law  will  be  used  to
    14  increase  the  level of funds that would otherwise be made available for
    15  purposes specified by section ninety-seven-pppp  of  the  state  finance
    16  law,  and  not to supplant the amount to be provided to the metropolitan
    17  transportation authority or the New York city transit authority  or  any
    18  of  their  subsidiaries  provided  by  state or local law, rule or regu-
    19  lation.
    20    6. Oversight authorities. The state comptroller shall  have  oversight
    21  over  the  Move New York Highway and Transportation Authority. The comp-
    22  troller of the city of New York  shall  have  oversight  over  the  four
    23  billion  five  hundred  sixty-six  million dollars to be utilized as the
    24  Transit Gap Investment Fund-NYC.
    25    § 4. Section 2985 of the public authorities law is amended  by  adding
    26  three new subdivisions 15, 16 and 17 to read as follows:
    27    15. In addition to any monetary liability that may be imposed pursuant
    28  to this section and article forty-four-B of the vehicle and traffic law,
    29  a public authority that operates a toll highway, bridge or tunnel facil-
    30  ity  is  hereby authorized and empowered to impose an administrative fee
    31  or fees on an owner, an operator or an account holder that has  violated
    32  toll collection regulations.
    33    16. Any notice required to be sent pursuant to this section or article
    34  forty-four-B  of  the  vehicle  and  traffic law by first class mail may
    35  instead be sent, with consent, by electronic means of  communication.  A
    36  manual or automatic record of electronic communications prepared in this
    37  ordinary  course  of  business  shall be adequate evidence of electronic
    38  notice.
    39    17. The Triborough bridge and tunnel authority, with  respect  to  its
    40  toll facilities and the Move New York Highway and Transit Authority with
    41  respect  to  new  toll facilities established by article forty-four-B of
    42  the vehicle and traffic law are authorized  to  adopt  rules  and  regu-
    43  lations  to  establish  an  administrative  tribunal  to  adjudicate the
    44  liability of owners for violation  of  toll  collection  regulations  as
    45  defined  in  and  in  accordance with the provisions of this section and
    46  article forty-four-B of the vehicle and traffic law and  the  applicable
    47  toll  regulations  of  such  authorities. Such tribunal shall have, with
    48  respect to violation of toll collection regulations of such authorities,
    49  non-exclusive jurisdiction over violations of the rules and  regulations
    50  which  may  from  time  to  time  be  established by such authorities in
    51  accordance with the provisions of this section and article  forty-four-B
    52  of the vehicle and traffic law. Violations shall be heard and determined
    53  in  the  county in which the violation is alleged to have occurred or in
    54  the county in which the public authority has  its  primary  or  regional
    55  administrative  offices  and  regulations may provide for the conduct of
    56  hearings via videoconferencing.

        A. 9633--B                         13
 
     1    § 5. Subdivision 4-d of section 510 of the vehicle and traffic law, as
     2  added by chapter 379 of the laws of 1992, is amended to read as follows:
     3    4-d. Suspension of registration for failure to answer or pay penalties
     4  with  respect to certain violations. Upon the receipt of a notification,
     5  in the manner and form prescribed by  the  commissioner,  from  a  court
     6  [or],  an  administrative  tribunal,  a  public  authority, or any other
     7  public entity imposing violations, that an  owner  of  a  motor  vehicle
     8  failed  to  appear  on  the  return  date  or  dates or a new subsequent
     9  adjourned date or dates or failed to pay any penalty imposed by a  court
    10  or  failed to comply with the rules and regulations of an administrative
    11  tribunal following entry of a final decision or decisions,  in  response
    12  to  five or more notices of liability or other process, issued within an
    13  eighteen month period from any and all jurisdictions charging such owner
    14  with a violation of toll collection regulations in accordance  with  the
    15  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    16  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    17  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    18  fifty,  or  other  comparable  law, the commissioner or his or her agent
    19  shall suspend the registration of the vehicle or  vehicles  involved  in
    20  the  violation  or the privilege of operation of any motor vehicle owned
    21  by the registrant. Such suspension shall take effect no less than thirty
    22  days from the date on which notice thereof is sent by  the  commissioner
    23  to  the  person  whose  registration or privilege is suspended and shall
    24  remain in effect until such registrant has appeared in response to  such
    25  notices  of  liability  or  has  paid  such penalty or in the case of an
    26  administrative tribunal, the registrant has complied with the rules  and
    27  regulations following the entry of a final decision or decisions.
    28    § 6. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    29  of  the  vehicle and traffic law, as amended by section 8 of chapter 222
    30  of the laws of 2015, is amended to read as follows:
    31    (i) If at the time of application for a registration or renewal there-
    32  of there is a certification from a  court,  parking  violations  bureau,
    33  traffic  and  parking  violations  agency  or administrative tribunal of
    34  appropriate jurisdiction that the registrant or  his  or  her  represen-
    35  tative  failed  to appear on the return date or any subsequent adjourned
    36  date or failed to comply with the rules and regulations of  an  adminis-
    37  trative  tribunal  following  entry of a final decision in response to a
    38  total of three or more summonses or  other  process  in  the  aggregate,
    39  issued  within  an eighteen month period, charging either that: (i) such
    40  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    41  cle  was operated for hire by the registrant or his or her agent without
    42  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    43  authority,  in  violation of any of the provisions of this chapter or of
    44  any law, ordinance, rule or regulation made by  a  local  authority;  or
    45  (ii) the registrant was liable in accordance with section eleven hundred
    46  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
    47  eleven-d of this chapter for a violation of subdivision (d)  of  section
    48  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    49  liable in accordance with section eleven hundred eleven-c of this  chap-
    50  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    51  section, or (iv) the registrant was liable in  accordance  with  section
    52  eleven  hundred  eighty-b of this chapter for a violation of subdivision
    53  (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
    54  registrant was liable in accordance with section eleven hundred eighty-c
    55  of  this  chapter  for  a violation of subdivision (c) or (d) of section
    56  eleven hundred eighty of this chapter; or (vi) the registrant was liable

        A. 9633--B                         14
 
     1  in accordance with section eleven hundred eleven-e of this chapter for a
     2  violation of subdivision (d) of section eleven hundred  eleven  of  this
     3  chapter,  or  (vii) the registrant was liable in accordance with article
     4  forty-four-B of this chapter, the commissioner or his or her agent shall
     5  deny  the  registration  or  renewal  application  until  the  applicant
     6  provides proof from the court, traffic and parking violations agency  or
     7  administrative  tribunal wherein the charges are pending that an appear-
     8  ance or answer has been made or in the case of an administrative  tribu-
     9  nal  that  he or she has complied with the rules and regulations of said
    10  tribunal following entry of a final decision. Where  an  application  is
    11  denied  pursuant  to  this  section, the commissioner may, in his or her
    12  discretion, deny a registration or  renewal  application  to  any  other
    13  person  for  the  same  vehicle  and  may deny a registration or renewal
    14  application for any other motor vehicle registered in the  name  of  the
    15  applicant  where  the commissioner has determined that such registrant's
    16  intent has been to evade the purposes of this subdivision and where  the
    17  commissioner has reasonable grounds to believe that such registration or
    18  renewal  will have the effect of defeating the purposes of this subdivi-
    19  sion. Such denial shall only remain in effect as long as  the  summonses
    20  remain  unanswered,  or  in  the case of an administrative tribunal, the
    21  registrant fails to comply with  the  rules  and  regulations  following
    22  entry of a final decision.
    23    §  6-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    24  and traffic law, as amended by section 8-a of chapter 222 of the laws of
    25  2015, is amended to read as follows:
    26    a. If at the time of application for a registration or renewal thereof
    27  there is a certification from a  court  or  administrative  tribunal  of
    28  appropriate  jurisdiction  that  the  registrant or his or her represen-
    29  tative failed to appear on the return date or any  subsequent  adjourned
    30  date  or  failed to comply with the rules and regulations of an adminis-
    31  trative tribunal following entry of a final decision in  response  to  a
    32  total  of  three  or  more  summonses or other process in the aggregate,
    33  issued within an eighteen month period, charging either that:  (i)  such
    34  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    35  cle was operated for hire by the registrant or his or her agent  without
    36  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    37  authority, in violation of any of the provisions of this chapter  or  of
    38  any  law,  ordinance,  rule  or regulation made by a local authority; or
    39  (ii) the registrant was liable in accordance with section eleven hundred
    40  eleven-b of this chapter for a violation of subdivision (d)  of  section
    41  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    42  liable in accordance with section eleven hundred eleven-c of this  chap-
    43  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    44  section; or (iv) the registrant was liable in  accordance  with  section
    45  eleven  hundred  eleven-d of this chapter for a violation of subdivision
    46  (d) of section eleven hundred eleven of this chapter or (v)  the  regis-
    47  trant  was  liable in accordance with section eleven hundred eighty-b of
    48  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    49  section eleven hundred eighty of this chapter; or (v) the registrant was
    50  liable in accordance with section eleven hundred eighty-c of this  chap-
    51  ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
    52  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    53  in accordance with section eleven hundred eleven-e of this chapter for a
    54  violation of subdivision (d) of section eleven hundred  eleven  of  this
    55  chapter,  or  (vii) the registrant was liable in accordance with article
    56  forty-four-B of this chapter, the commissioner or his or her agent shall

        A. 9633--B                         15
 
     1  deny  the  registration  or  renewal  application  until  the  applicant
     2  provides  proof  from  the  court or administrative tribunal wherein the
     3  charges are pending that an appearance or answer has been made or in the
     4  case  of an administrative tribunal that he or she has complied with the
     5  rules and regulations of said tribunal following entry of a final  deci-
     6  sion.  Where  an  application  is  denied  pursuant to this section, the
     7  commissioner may, in his or  her  discretion,  deny  a  registration  or
     8  renewal  application  to  any  other person for the same vehicle and may
     9  deny a registration or renewal application for any other  motor  vehicle
    10  registered  in  the  name  of  the  applicant where the commissioner has
    11  determined that such registrant's intent has been to evade the  purposes
    12  of this subdivision and where the commissioner has reasonable grounds to
    13  believe  that  such  registration  or  renewal  will  have the effect of
    14  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    15  remain  in  effect as long as the summonses remain unanswered, or in the
    16  case of an administrative tribunal, the registrant fails to comply  with
    17  the rules and regulations following entry of a final decision.
    18    §  6-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    19  and traffic law, as amended by section 8-b of chapter 222 of the laws of
    20  2015, is amended to read as follows:
    21    a. If at the time of application for a registration or renewal thereof
    22  there is a certification from a  court  or  administrative  tribunal  of
    23  appropriate  jurisdiction  that  the  registrant or his or her represen-
    24  tative failed to appear on the return date or any  subsequent  adjourned
    25  date  or  failed to comply with the rules and regulations of an adminis-
    26  trative tribunal following entry of a  final  decision  in  response  to
    27  three  or  more  summonses  or  other process, issued within an eighteen
    28  month period, charging that: (i) such motor vehicle was parked,  stopped
    29  or  standing,  or  that  such motor vehicle was operated for hire by the
    30  registrant or his or her agent without being licensed as a motor vehicle
    31  for hire by the appropriate local authority, in violation of any of  the
    32  provisions  of this chapter or of any law, ordinance, rule or regulation
    33  made by a local authority; or (ii) the registrant was liable in  accord-
    34  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
    35  violation of a bus lane restriction as defined in such section; or (iii)
    36  the registrant was liable in  accordance  with  section  eleven  hundred
    37  eleven-d  of  this chapter for a violation of subdivision (d) of section
    38  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    39  in accordance with section eleven hundred eighty-b of this chapter for a
    40  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    41  hundred  eighty of this chapter, or the registrant was liable in accord-
    42  ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
    43  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    44  hundred eighty of this chapter; or (v)  the  registrant  was  liable  in
    45  accordance  with  section  eleven hundred eleven-e of this chapter for a
    46  violation of subdivision (d) of section eleven hundred  eleven  of  this
    47  chapter,  or  (vi)  the registrant was liable in accordance with article
    48  forty-four-B of this chapter, the commissioner or his or her agent shall
    49  deny  the  registration  or  renewal  application  until  the  applicant
    50  provides  proof  from  the  court or administrative tribunal wherein the
    51  charges are pending that an appearance or answer has been made or in the
    52  case of an administrative tribunal that he or she has complied with  the
    53  rules  and regulations of said tribunal following entry of a final deci-
    54  sion. Where an application is  denied  pursuant  to  this  section,  the
    55  commissioner  may,  in  his  or  her  discretion, deny a registration or
    56  renewal application to any other person for the  same  vehicle  and  may

        A. 9633--B                         16
 
     1  deny  a  registration or renewal application for any other motor vehicle
     2  registered in the name of  the  applicant  where  the  commissioner  has
     3  determined  that such registrant's intent has been to evade the purposes
     4  of this subdivision and where the commissioner has reasonable grounds to
     5  believe  that  such  registration  or  renewal  will  have the effect of
     6  defeating the purposes of  this  subdivision.  Such  denial  shall  only
     7  remain  in  effect as long as the summonses remain unanswered, or in the
     8  case of an administrative tribunal, the registrant fails to comply  with
     9  the rules and regulations following entry of a final decision.
    10    §  6-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    11  and traffic law, as amended by section 8-c of chapter 222 of the laws of
    12  2015, is amended to read as follows:
    13    a. If at the time of application for a registration or renewal thereof
    14  there is a certification from a  court  or  administrative  tribunal  of
    15  appropriate  jurisdiction  that  the  registrant or his or her represen-
    16  tative failed to appear on the return date or any  subsequent  adjourned
    17  date  or  failed to comply with the rules and regulations of an adminis-
    18  trative tribunal following entry of a  final  decision  in  response  to
    19  three  or  more  summonses  or  other process, issued within an eighteen
    20  month period, charging that: (i) such motor vehicle was parked,  stopped
    21  or  standing,  or  that  such motor vehicle was operated for hire by the
    22  registrant or his or her agent without being licensed as a motor vehicle
    23  for hire by the appropriate local authority, in violation of any of  the
    24  provisions  of this chapter or of any law, ordinance, rule or regulation
    25  made by a local authority; or (ii) the registrant was liable in  accord-
    26  ance  with  section  eleven  hundred  eleven-d  of  this  chapter  for a
    27  violation of subdivision (d) of section eleven hundred  eleven  of  this
    28  chapter;  or  (iii) the registrant was liable in accordance with section
    29  eleven hundred eighty-b of this chapter for  violations  of  subdivision
    30  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    31  ter,  or  the  registrant  was  liable in accordance with section eleven
    32  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    33  (d), (f) or (g) of section eleven hundred eighty  of  this  chapter;  or
    34  (iv) the registrant was liable in accordance with section eleven hundred
    35  eleven-e  of  this chapter for a violation of subdivision (d) of section
    36  eleven hundred eleven of this chapter, or (v) the registrant was  liable
    37  in accordance with article forty-four-B of this chapter, the commission-
    38  er  or  his or her agent shall deny the registration or renewal applica-
    39  tion until the applicant provides proof from the court or administrative
    40  tribunal wherein the charges are pending that an  appearance  or  answer
    41  has  been  made or in the case of an administrative tribunal that he has
    42  complied with the rules and regulations of said tribunal following entry
    43  of a final decision. Where an application is  denied  pursuant  to  this
    44  section,  the  commissioner may, in his or her discretion, deny a regis-
    45  tration or renewal application to any other person for the same  vehicle
    46  and  may  deny a registration or renewal application for any other motor
    47  vehicle registered in the name of the applicant where  the  commissioner
    48  has  determined  that  such  registrant's  intent  has been to evade the
    49  purposes of this subdivision and where the commissioner  has  reasonable
    50  grounds  to  believe  that  such  registration  or renewal will have the
    51  effect of defeating the purposes of this subdivision. Such denial  shall
    52  only  remain in effect as long as the summonses remain unanswered, or in
    53  the case of an administrative tribunal, the registrant fails  to  comply
    54  with the rules and regulations following entry of a final decision.

        A. 9633--B                         17
 
     1    §  6-d.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     2  and traffic law, as amended by section 8-d of chapter 222 of the laws of
     3  2015, is amended to read as follows:
     4    a. If at the time of application for a registration or renewal thereof
     5  there  is  a  certification  from  a court or administrative tribunal of
     6  appropriate jurisdiction that the registrant or  his  or  her  represen-
     7  tative  failed  to appear on the return date or any subsequent adjourned
     8  date or failed to comply with the rules and regulations of  an  adminis-
     9  trative  tribunal  following  entry  of  a final decision in response to
    10  three or more summonses or other  process,  issued  within  an  eighteen
    11  month  period,  charging  that such motor vehicle was parked, stopped or
    12  standing, or that such motor vehicle was operated for hire by the regis-
    13  trant or his agent without being licensed as a motor vehicle for hire by
    14  the appropriate local authority, in violation of any of  the  provisions
    15  of  this  chapter or of any law, ordinance, rule or regulation made by a
    16  local authority, or the registrant was liable in accordance with section
    17  eleven hundred eighty-c of this chapter for  violations  of  subdivision
    18  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    19  ter,  or  the  registrant  was  liable in accordance with section eleven
    20  hundred eleven-d of this chapter for a violation of subdivision  (d)  of
    21  section  eleven  hundred  eleven  of this chapter, or the registrant was
    22  liable in accordance with section eleven hundred eleven-e of this  chap-
    23  ter  for a violation of subdivision (d) of section eleven hundred eleven
    24  of this chapter, or the registrant was liable in accordance with article
    25  forty-four-B of this chapter, the commissioner or his or her agent shall
    26  deny  the  registration  or  renewal  application  until  the  applicant
    27  provides  proof  from  the  court or administrative tribunal wherein the
    28  charges are pending that an appearance or answer has been made or in the
    29  case of an administrative tribunal that he or she has complied with  the
    30  rules  and regulations of said tribunal following entry of a final deci-
    31  sion. Where an application is  denied  pursuant  to  this  section,  the
    32  commissioner  may,  in  his  or  her  discretion, deny a registration or
    33  renewal application to any other person for the  same  vehicle  and  may
    34  deny  a  registration or renewal application for any other motor vehicle
    35  registered in the name of  the  applicant  where  the  commissioner  has
    36  determined  that such registrant's intent has been to evade the purposes
    37  of this subdivision and where the commissioner has reasonable grounds to
    38  believe that such registration  or  renewal  will  have  the  effect  of
    39  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    40  remain in effect as long as the summonses remain unanswered, or  in  the
    41  case  of an administrative tribunal, the registrant fails to comply with
    42  the rules and regulations following entry of a final decision.
    43    § 6-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    44  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    45  2015, is amended to read as follows:
    46    a. If at the time of application for a registration or renewal thereof
    47  there  is  a  certification  from  a court or administrative tribunal of
    48  appropriate jurisdiction that the registrant or  his  or  her  represen-
    49  tative  failed  to appear on the return date or any subsequent adjourned
    50  date or failed to comply with the rules and regulations of  an  adminis-
    51  trative  tribunal  following  entry  of  a final decision in response to
    52  three or more summonses or other  process,  issued  within  an  eighteen
    53  month  period,  charging  that such motor vehicle was parked, stopped or
    54  standing, or that such motor vehicle was operated for hire by the regis-
    55  trant or his or her agent without being licensed as a motor vehicle  for
    56  hire  by  the  appropriate  local  authority, in violation of any of the

        A. 9633--B                         18
 
     1  provisions of this chapter or of any law, ordinance, rule or  regulation
     2  made  by  a  local authority, or the registrant was liable in accordance
     3  with section eleven hundred eleven-d of this chapter for a violation  of
     4  subdivision (d) of section eleven hundred eleven of this chapter, or the
     5  registrant was liable in accordance with section eleven hundred eleven-e
     6  of  this  chapter  for  a violation of subdivision (d) of section eleven
     7  hundred eleven of this chapter, or the registrant is liable  in  accord-
     8  ance  with article forty-four-B of this chapter, the commissioner or his
     9  or her agent shall deny the registration or  renewal  application  until
    10  the  applicant  provides proof from the court or administrative tribunal
    11  wherein the charges are pending that an appearance or  answer  has  been
    12  made  or  in the case of an administrative tribunal that he has complied
    13  with the rules and regulations of said tribunal  following  entry  of  a
    14  final  decision.    Where  an  application  is  denied  pursuant to this
    15  section, the commissioner may, in his or her discretion, deny  a  regis-
    16  tration  or renewal application to any other person for the same vehicle
    17  and may deny a registration or renewal application for any  other  motor
    18  vehicle  registered  in the name of the applicant where the commissioner
    19  has determined that such registrant's  intent  has  been  to  evade  the
    20  purposes  of  this subdivision and where the commissioner has reasonable
    21  grounds to believe that such  registration  or  renewal  will  have  the
    22  effect  of defeating the purposes of this subdivision. Such denial shall
    23  only remain in effect as long as the summonses remain unanswered, or  in
    24  the  case  of an administrative tribunal, the registrant fails to comply
    25  with the rules and regulations following entry of a final decision.
    26    § 6-f. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    27  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    28  2015, is amended to read as follows:
    29    a. If at the time of application for a registration or renewal thereof
    30  there  is  a  certification  from  a court or administrative tribunal of
    31  appropriate jurisdiction that the registrant or  his  or  her  represen-
    32  tative  failed  to appear on the return date or any subsequent adjourned
    33  date or failed to comply with the rules and regulations of  an  adminis-
    34  trative  tribunal  following  entry  of  a final decision in response to
    35  three or more summonses or other  process,  issued  within  an  eighteen
    36  month  period,  charging  that such motor vehicle was parked, stopped or
    37  standing, or that such motor vehicle was operated for hire by the regis-
    38  trant or his or her agent without being licensed as a motor vehicle  for
    39  hire  by  the  appropriate  local  authority, in violation of any of the
    40  provisions of this chapter or of any law, ordinance, rule or  regulation
    41  made  by  a  local authority, or the registrant was liable in accordance
    42  with section eleven hundred eleven-e of this chapter for a violation  of
    43  subdivision (d) of section eleven hundred eleven of this chapter, or the
    44  registrant  is  liable  in  accordance with article forty-four-B of this
    45  chapter, the commissioner or his or her agent shall deny  the  registra-
    46  tion  or renewal application until the applicant provides proof from the
    47  court or administrative tribunal wherein the charges are pending that an
    48  appearance or answer has been made or in the case of  an  administrative
    49  tribunal  that  he  has  complied with the rules and regulations of said
    50  tribunal following entry of a final decision. Where  an  application  is
    51  denied  pursuant  to  this  section, the commissioner may, in his or her
    52  discretion, deny a registration or  renewal  application  to  any  other
    53  person  for  the  same  vehicle  and  may deny a registration or renewal
    54  application for any other motor vehicle registered in the  name  of  the
    55  applicant  where  the commissioner has determined that such registrant's
    56  intent has been to evade the purposes of this subdivision and where  the

        A. 9633--B                         19
 
     1  commissioner has reasonable grounds to believe that such registration or
     2  renewal  will have the effect of defeating the purposes of this subdivi-
     3  sion. Such denial shall only remain in effect as long as  the  summonses
     4  remain  unanswered,  or  in  the case of an administrative tribunal, the
     5  registrant fails to comply with  the  rules  and  regulations  following
     6  entry of a final decision.
     7    §  6-g.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     8  and traffic law, as separately amended by chapters 339 and  592  of  the
     9  laws of 1987, is amended to read as follows:
    10    a. If at the time of application for a registration or renewal thereof
    11  there  is  a  certification  from  a court or administrative tribunal of
    12  appropriate jurisdiction  that  the  registrant  or  his  representative
    13  failed  to appear on the return date or any subsequent adjourned date or
    14  failed to comply with the rules and  regulations  of  an  administrative
    15  tribunal  following  entry  of  a final decision in response to three or
    16  more summonses or other process, issued within an eighteen month period,
    17  charging that such motor vehicle was parked,  stopped  or  standing,  or
    18  that  such  motor vehicle was operated for hire by the registrant or his
    19  agent without being licensed as a motor vehicle for hire by  the  appro-
    20  priate  local  authority,  in violation of any of the provisions of this
    21  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    22  authority,  or  the  registrant  is  liable  in  accordance with article
    23  forty-four-B of this chapter, the commissioner or his agent  shall  deny
    24  the  registration  or  renewal  application until the applicant provides
    25  proof from the court or administrative tribunal wherein the charges  are
    26  pending  that an appearance or answer has been made or in the case of an
    27  administrative tribunal that he has complied with the  rules  and  regu-
    28  lations  of  said tribunal following entry of a final decision. Where an
    29  application is denied pursuant to this section, the commissioner may, in
    30  his discretion, deny a registration or renewal application to any  other
    31  person  for  the  same  vehicle  and  may deny a registration or renewal
    32  application for any other motor vehicle registered in the  name  of  the
    33  applicant  where  the commissioner has determined that such registrant's
    34  intent has been to evade the purposes of this subdivision and where  the
    35  commissioner has reasonable grounds to believe that such registration or
    36  renewal  will have the effect of defeating the purposes of this subdivi-
    37  sion. Such denial shall only remain in effect as long as  the  summonses
    38  remain  unanswered,  or  in  the case of an administrative tribunal, the
    39  registrant fails to comply with  the  rules  and  regulations  following
    40  entry of a final decision.
    41    §  7.  The  opening  paragraph  of  paragraph  1 of subdivision (a) of
    42  section 1212-A of the tax law, as amended by chapter 196 of the laws  of
    43  1995, is amended to read as follows:
    44    a tax on receipts from every sale of the service of providing parking,
    45  garaging  or  storing  for  motor vehicles by persons operating a garage
    46  (other than a garage which is part of  premises  occupied  solely  as  a
    47  private one or two family dwelling), parking lot or other place of busi-
    48  ness  engaged  in providing parking, garaging or storing for motor vehi-
    49  cles, in any county within such city with a population density in excess
    50  of fifty thousand persons per square mile, at  the  rate  of  eight  per
    51  centum,  on  receipts from every sale of such services[, except receipts
    52  from the sale of such services to an individual resident of such  county
    53  when such services are rendered on a monthly or longer-term basis at the
    54  principal location for the parking, garaging or storing of a motor vehi-
    55  cle  owned  or leased (but only in the case of a lease for a term of one

        A. 9633--B                         20

     1  year or more) by such individual resident]. The population of  a  county
     2  shall be determined by reference to the latest federal census.
     3    § 8. Section 182 of the executive law, as amended by section 1 of part
     4  J of chapter 56 of the laws of 2011, is amended to read as follows:
     5    § 182. Diversion of funds dedicated to the metropolitan transportation
     6  authority  or  the  New  York  city  transit  authority and any of their
     7  subsidiaries to the general fund of the state or to any  other  purpose,
     8  is prohibited.
     9    1.  The  director  of  the  budget  shall be prohibited from diverting
    10  revenues derived from taxes and fees paid by the public  into  any  fund
    11  created  by  law  including,  but not limited to sections eighty-eight-a
    12  [and], eighty-nine-c, ninety-two-ff and ninety-seven-pppp of  the  state
    13  finance law and chapter twenty-five of the laws of two thousand nine for
    14  the  purpose of funding the metropolitan transportation authority or the
    15  New York city transit authority and any of their subsidiaries  into  the
    16  general  fund  of  the  state  or into any other fund maintained for the
    17  support of another governmental purpose. No diversion of funds can occur
    18  contrary to this section by an administrative act of the director of the
    19  budget or any other person in the executive branch [unless the  governor
    20  declares  a  fiscal  emergency,  and  communicates such emergency to the
    21  temporary president of the senate and speaker of  the  assembly,  and  a
    22  statute is enacted into law authorizing a diversion that would otherwise
    23  be prohibited by this section].
    24    2. If any diversion of funds occurs by passage of legislation during a
    25  regular or extraordinary session of the legislature, the director of the
    26  budget shall create and include with the budget or legislation diverting
    27  funds,  a  diversion  impact statement which shall include the following
    28  information:
    29    (a) The amount of the diversion from dedicated mass transit funds;
    30    (b) The amount diverted from each fund;
    31    (c) The amount diverted expressed as current monthly transit fares;
    32    (d) The cumulative amount of diversion  from  dedicated  mass  transit
    33  funds during the preceding five years;
    34    (e) The date or dates when the diversion is to occur; and
    35    (f) A detailed estimate of the impact of diversion from dedicated mass
    36  transit  funds  will  have  on the level of public transportation system
    37  service, maintenance, security, and the current capital program.
    38    § 9. Notwithstanding any other law, rule, regulation to the  contrary,
    39  the  metropolitan transportation authority shall, as a part of its 2015-
    40  2019 capital program with funding provided pursuant to paragraph (f)  of
    41  subdivision 5 of section 97-pppp of the state finance law:
    42    (a) increase the number and availability of express bus routes;
    43    (b) reduce the cost of all express bus fares by one dollar;
    44    (c)  set  the  cost  of all Long Island Rail Road and Metro-North Rail
    45  Road trips taken wholly within New York with CityTicket to  six  dollars
    46  during peak hours and four dollars during non-peak hours;
    47    (d) provide for the availability of CityTicket on weekdays in addition
    48  to weekends;
    49    (e) provide for the availability of CityTicket for trips taken between
    50  stations  within  New  York  city  and  Far Rockaway and all trips taken
    51  between and including Fordham and Manhattan; and
    52    (f) fund the freedom ticket proposal of  the  New  York  City  Transit
    53  Riders Council contained in such council's December 2015 report entitled
    54  "Freedom  Ticket:  Southeast  Queens  Proof  of Concept" and expand such
    55  pilot program to extend through  out  New  York  City  and  include  all

        A. 9633--B                         21
 
     1  Express  Bus routes and stations of the Metro-North and Long Island Rail
     2  Roads located within New York City.
     3    For  the  purposes  of  this  section "CityTicket" shall mean the fare
     4  option so denominated and provided by  the  metropolitan  transportation
     5  authority.
     6    §  10.  This act shall take effect immediately provided, however, that
     7  section seven of this act shall take effect on the first of January next
     8  succeeding the date on which it shall have become a  law;  and  provided
     9  further:
    10    (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
    11  5-a of section 401 of the vehicle and traffic law made by section six of
    12  this act shall not affect the expiration of such paragraph and shall  be
    13  deemed  to  expire  therewith,  when  upon  such  date the provisions of
    14  section six-a of this act shall take effect;
    15    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
    16  the vehicle and traffic law made by section six-a of this act shall  not
    17  affect  the  expiration  of such paragraph and shall be deemed to expire
    18  therewith, when upon such date the provisions of section six-b  of  this
    19  act shall take effect;
    20    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
    21  the  vehicle and traffic law made by section six-b of this act shall not
    22  affect the expiration of such paragraph and shall be  deemed  to  expire
    23  therewith,  when  upon such date the provisions of section six-c of this
    24  act shall take effect;
    25    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
    26  the vehicle and traffic law made by section six-c of this act shall  not
    27  affect  the  expiration  of such paragraph and shall be deemed to expire
    28  therewith, when upon such date the provisions of section six-d  of  this
    29  act shall take effect;
    30    (e) the amendments to paragraph a of subdivision 5-a of section 401 of
    31  the  vehicle and traffic law made by section six-d of this act shall not
    32  affect the expiration of such paragraph and shall be  deemed  to  expire
    33  therewith,  when  upon such date the provisions of section six-e of this
    34  act shall take effect;
    35    (f) the amendments to paragraph a of subdivision 5-a of section 401 of
    36  the vehicle and traffic law made by section six-e of this act shall  not
    37  affect  the  expiration  of such paragraph and shall be deemed to expire
    38  therewith, when upon such date the provisions of section six-f  of  this
    39  act shall take effect; and
    40    (g) the amendments to paragraph a of subdivision 5-a of section 401 of
    41  the  vehicle and traffic law made by section six-f of this act shall not
    42  affect the expiration of such paragraph and shall be  deemed  to  expire
    43  therewith,  when  upon such date the provisions of section six-g of this
    44  act shall take effect.
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