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A07683 Summary:

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A07683 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7683--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 22, 2015
                                       ___________
 
        Introduced  by  M. of A. ROZIC, BRENNAN -- read once and referred to the
          Committee on Corporations, Authorities and Commissions -- reported and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public authorities law, in relation to  jurisdiction
          over  violations  occurring  on  metropolitan transportation authority
          omnibuses by the transit adjudication bureau  of  the  New  York  city
          transit authority
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 1209-a of the  public  authorities
     2  law,  as  amended by chapter 379 of the laws of 1992, is amended to read
     3  as follows:
     4    3. Jurisdiction. The bureau shall have, with respect to acts or  inci-
     5  dents  in  or on the transit facilities of the authority committed by or
     6  involving persons who are sixteen years of age or over, or with  respect
     7  to  acts  or  incidents  occurring on omnibuses owned or operated by the
     8  metropolitan transportation authority or a subsidiary thereof, and  with
     9  respect  to  violation  of toll collection regulations of the triborough
    10  bridge and tunnel authority as described in section [two thousand  nine]
    11  twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
    12  tion  over  violations  of: (a) the rules which may from time to time be
    13  established by the authority under subdivision five-a of section  twelve
    14  hundred four of this chapter; (b) article one hundred thirty-nine of the
    15  health  code  of the city of New York, as it may be amended from time to
    16  time, relating to public transportation facilities;  [and]  (c)  article
    17  four  of  the  noise  control code of the city of New York, as it may be
    18  amended from time to time, insofar as it pertains to sound  reproduction
    19  devices; [and] (d) the rules and regulations which may from time to time
    20  be  established by the triborough bridge and tunnel authority in accord-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11155-02-5
        A. 7683--A                          2
 
     1  ance with the provisions of  section  [two  thousand  nine]  twenty-nine
     2  hundred eighty-five of this chapter; and (e) rules and regulations which
     3  may  from time to time be established by the metropolitan transportation
     4  authority  or  a subsidiary thereof in accordance with the provisions of
     5  section twelve hundred sixty-six of this chapter.   Matters  within  the
     6  jurisdiction  of  the  bureau  except  violations of the rules and regu-
     7  lations of the triborough bridge and tunnel authority shall be known for
     8  purposes of this section as transit infractions. Nothing herein shall be
     9  construed to divest jurisdiction from any court now having  jurisdiction
    10  over  any  criminal  charge  or  traffic  infraction relating to any act
    11  committed in a transit or toll facility, or to impair the ability  of  a
    12  police  officer  to  conduct  a  lawful  search of a person in a transit
    13  facility. The criminal court of the city of New York shall  continue  to
    14  have jurisdiction over any criminal charge or traffic infraction brought
    15  for  violation of the rules of the authority [or], the triborough bridge
    16  and tunnel authority or the metropolitan transportation authority  or  a
    17  subsidiary  thereof,  as  well as jurisdiction relating to any act which
    18  may constitute a crime or an offense under any law of the state  of  New
    19  York  or any municipality or political subdivision thereof and which may
    20  also constitute a violation of such rules. The bureau shall have concur-
    21  rent jurisdiction with the environmental control board and the  adminis-
    22  trative  tribunal  of  the  department  of  health  over  the  aforesaid
    23  provisions of the health code and noise control code of the city of  New
    24  York.
    25    §  2.  Paragraphs  b  and  i of subdivision 4 of section 1209-a of the
    26  public authorities law, as amended by chapter 379 of the laws  of  1992,
    27  are amended to read as follows:
    28    b.  To  impose  civil  penalties  not to exceed a total of one hundred
    29  fifty dollars for any transit infraction  within  its  jurisdiction,  in
    30  accordance  with  a penalty schedule established by the authority or the
    31  metropolitan transportation authority or a subsidiary thereof, as appli-
    32  cable, except that penalties for violations of the health  code  of  the
    33  city  of  New York shall be in accordance with the penalties established
    34  for such violations by the board of health of the city of New York,  and
    35  penalties for violations of the noise code of the city of New York shall
    36  be  in  accordance with the penalties established for such violations by
    37  law, and civil penalties for violations of the rules and regulations  of
    38  the  triborough  bridge and tunnel authority shall be in accordance with
    39  the penalties established for such violations by section  [two  thousand
    40  nine] twenty-nine hundred eighty-five of this chapter;
    41    i.  To  accept payment of penalties and to remit same to the authority
    42  or the metropolitan transportation authority or a subsidiary thereof, as
    43  applicable; and
    44    § 3. Subdivision 4 of section 1266 of the public authorities  law,  as
    45  amended  by  chapter  415  of  the  laws  of 1966, is amended to read as
    46  follows:
    47    4. The authority may establish and,  in  the  case  of  joint  service
    48  arrangements,  join  with  others in the establishment of such schedules
    49  and standards of operations and such other rules and regulations includ-
    50  ing but not limited to rules and regulations governing the  conduct  and
    51  safety  of  the public as it may deem necessary, convenient or desirable
    52  for the use and operation of any  transportation  facility  and  related
    53  services  operated  by  the  authority or under contract, lease or other
    54  arrangement, including joint service arrangements, with  the  authority.
    55  Such  rules  and  regulations  governing  the  conduct and safety of the
    56  public shall be filed  with  the  department  of  state  in  the  manner
        A. 7683--A                          3
 
     1  provided by section one hundred two of the executive law. In the case of
     2  any  conflict  between  any  such  rule  or  regulation of the authority
     3  governing the conduct or the safety of the public  and  any  local  law,
     4  ordinance,  rule or regulation, such rule or regulation of the authority
     5  shall prevail. Violation of any such rule or regulation of the authority
     6  governing the conduct or the safety of the public in or upon any facili-
     7  ty of the authority shall constitute an offense and shall be  punishable
     8  by  a fine not exceeding fifty dollars or imprisonment for not more than
     9  thirty days or both or may be punishable by the imposition  of  a  civil
    10  penalty  by  the transit adjudication bureau established pursuant to the
    11  provisions of title nine of this article.
    12    § 4. This act shall take effect immediately.