Relates to docketing of decisions and orders of the administrative tribunal of the New York City taxi and limousine commission

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3604

Title of bill

An act to amend the New York city charter, in relation to docketing of decisions and orders of the administrative tribunal of the New York city taxi and limousine commission

Purpose

This New York City Program bill relates to docketing of deci- sions and orders of the Administrative Tribunal of the New York City Taxi and limousine Commission.

Summary of provisions

The bill would amend subdivision c of section 2303 of the New York City Charter to allow the New York City Taxi and Limousine Commission to docket all decisions and orders of its Adminis- trative Tribunal as if they were money judgments, without court proceedings.

Existing law

Only allows unpaid fines to be docketed as money judg- ments, without court proceedings, when they relate to unlicensed opera- tors.

Justification

This bill would allow the TLC to docket unpaid fines as money judgments against licensed operators which could become liens against the real property of the respondents.

Existing law allows the Taxi and Limousine Commission (TLC) to docket unpaid fines issued by its Administrative Tribunal as money judgments, without court proceedings, when they relate to unlicensed individuals or entities that are engaged in activities regulated by the TLC. Those fines can become liens against real property of the respondents. Howev- er, the great majority of unpaid TLC fines, both in number and in total amount, are issued to licensed individuals or entities that subsequently evade payment by abandoning their licenses. Those fines can be collected only by means of prohibitively costly and time-consuming Civil Court proceedings. As a result, the respondents can ignore their obligation to pay, depriving the City of fines it is owed and the TLC of an effective enforcement mechanism.

By broadening the docketing authority of the TLC to all files issued by its Administrative Tribunal, the Legislature will enhance TLC's collection efforts and signal to the for-hire transportation industry in New York City that TLC requirements must be taken seriously.

Legislative history

2012: S.4318 - Committed to Rules 2011: S.4318 - Committed to Rules 2010: Similar to S.8172 - Passed Senate/A.11467 - Referred to Cities.

Fiscal implications

None.

Local fiscal implications

New York City would collect at least $5.75 Million in fines that went undocketed because the law does not allow for collection against licensees who surrender their license.

Effective date

Immediately.