BILL NO A08813
SAME AS SAME AS S06031
SPONSOR Cusick (MS)
COSPNSR Titone, Malliotakis, Tobacco
MLTSPNSR
Amd S2, add S2-a, Chap 774 of 1950; amd S11, Chap 47 of 1931
Requires the tolls for the bridges of the port authority of New York and New
Jersey to be adjusted to only cover the expenses of operating and financing
such bridges; directs that revenue from such tolls be deposited into a separate
port authority bridge fund.
S T A T E O F N E W Y O R K
________________________________________________________________________
8813
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CUSICK, TITONE, MALLIOTAKIS, TOBACCO -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
AN ACT to amend chapter 774 of the laws of 1950, providing for an agree-
ment with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port
of New York authority, and chapter 47 of the laws of 1931, declaring
the policy of the states of New York and New Jersey in regard to
certain vehicular bridges and tunnels within the port of New York
district, in relation to limiting the tolls imposed for the use of
bridges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of chapter 774 of the laws of 1950, providing for
2 an agreement with the state of New Jersey with respect to rules and
3 regulations governing traffic on vehicular crossings operated by the
4 port of New York authority, is amended and a new section 2-a is added to
5 read as follows:
6 S 2. (A) No traffic shall be permitted in or upon vehicular crossings
7 except upon the payment of such tolls and other charges as may from time
8 to time be prescribed by the port authority. It is hereby declared to be
9 unlawful for any person to refuse to pay, or to evade or to attempt to
10 evade the payment of such tolls or other charges.
11 (B) THE TOLLS AND OTHER CHARGES PRESCRIBED FOR THE USE OF VEHICULAR
12 CROSSINGS THAT ARE BRIDGES DURING EACH CALENDAR YEAR SHALL NOT EXCEED
13 THE COSTS OF MAINTAINING AND OPERATING SUCH BRIDGES, AND THE PAYMENT OF,
14 WITH INTEREST UPON, AND AMORTIZATION OF BONDS AND OTHER SECURITIES OR
15 OBLIGATIONS ISSUED FOR THE PURPOSES OF SUCH BRIDGES, AND INCURRED BY THE
16 PORT AUTHORITY DURING SUCH CALENDAR YEAR. ALL SUCH TOLLS AND OTHER
17 CHARGES FOR THE USE OF PORT AUTHORITY BRIDGES SHALL BE DEPOSITED AND
18 CREDITED TO THE PORT AUTHORITY BRIDGE FUND. FURTHERMORE, IN ANY INSTANCE
19 IN WHICH THE AMOUNT OF FUNDS IN THE PORT AUTHORITY BRIDGE FUND EXCEEDS
20 ONE HUNDRED FIVE PERCENT OF THE ANNUAL COSTS OF MAINTAINING AND OPERAT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13621-01-1
A. 8813 2
1 ING PORT AUTHORITY BRIDGES, AND THE PAYMENT OF, WITH INTEREST UPON, AND
2 AMORTIZATION OF BONDS AND OTHER SECURITIES OR OBLIGATIONS ISSUED FOR THE
3 PURPOSES OF SUCH BRIDGES, THE TOLLS AND OTHER CHARGES IMPOSED FOR THE
4 USE OF PORT AUTHORITY BRIDGES SHALL BE REDUCED DURING SUBSEQUENT CALEN-
5 DAR YEARS SO AS TO REDUCE THE FUNDS IN THE PORT AUTHORITY FUND BELOW ONE
6 HUNDRED FIVE PERCENT OF THE ANNUAL PORT AUTHORITY BRIDGE COSTS.
7 S 2-A. (A) THE PORT AUTHORITY SHALL ESTABLISH A SEPARATE SPECIAL FUND
8 TO BE KNOWN AS THE "PORT AUTHORITY BRIDGE FUND".
9 (B) SUCH FUND SHALL CONSIST OF ALL REVENUE, TOLLS AND OTHER CHARGES
10 RECEIVED BY THE PORT AUTHORITY FOR THE USE OF VEHICULAR CROSSINGS THAT
11 ARE BRIDGES, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED
12 THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
13 (C) MONEYS IN THE PORT AUTHORITY BRIDGE FUND SHALL BE KEPT SEPARATE
14 AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
15 PORT AUTHORITY.
16 (D) THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE COSTS OF
17 MAINTAINING AND OPERATING THE PORT AUTHORITY BRIDGES, AND THE PAYMENT
18 OF, WITH INTEREST UPON, AND AMORTIZATION OF BONDS AND OTHER SECURITIES
19 OR OBLIGATIONS ISSUED FOR THE PURPOSES OF SUCH BRIDGES.
20 (E) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL STATUTES,
21 THE COMPTROLLER OF THE STATE OF NEW YORK AND THE COMPTROLLER OF THE
22 STATE OF NEW JERSEY AND THEIR LEGALLY AUTHORIZED REPRESENTATIVES ARE
23 HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO EXAMINE THE PORT
24 AUTHORITY BRIDGE FUND IN ACCORDANCE WITH CHAPTER SIX HUNDRED FORTY-EIGHT
25 OF THE LAWS OF NINETEEN HUNDRED TWENTY-NINE OF THE STATE OF NEW YORK AND
26 CHAPTER NINETY OF THE LAWS OF NINETEEN HUNDRED FIFTY OF THE STATE OF NEW
27 JERSEY.
28 S 2. The opening paragraph of section 11 of chapter 47 of the laws of
29 1931, declaring the policy of the states of New York and New Jersey in
30 regard to certain vehicular bridges and tunnels within the port of New
31 York district, as amended by chapter 807 of the laws of 1955, is amended
32 to read as follows:
33 The port authority is hereby authorized to make and enforce such rules
34 and regulations and, SUBJECT TO THE PROVISIONS OF SECTIONS TWO AND TWO-A
35 OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED
36 FIFTY OF THE STATE OF NEW YORK AND CHAPTER ONE HUNDRED NINETY-TWO OF THE
37 LAWS OF NINETEEN HUNDRED FIFTY OF THE STATE OF NEW JERSEY, to establish,
38 levy and collect such tolls and other charges in connection with any
39 vehicular bridges and tunnels which it may now or hereafter be author-
40 ized to own, construct, operate or control (including the said Holland
41 tunnel and the said Midtown Hudson tunnel), as it may deem necessary,
42 proper or desirable, which said tolls and charges shall be [at least]
43 sufficient to meet the expenses of the construction, operation and main-
44 tenance thereof, and to provide for the payment of, with interest upon,
45 and the amortization and retirement of bonds or other securities or
46 obligations issued or incurred for bridge or tunnel purposes. There
47 shall be allocated to the cost of the construction, operation and main-
48 tenance of such bridges and tunnels, such proportion of the general
49 expenses of the port authority as it shall deem properly chargeable
50 thereto.
51 S 3. This act shall take effect upon the enactment into law by the
52 state of New Jersey of legislation having an identical effect with this
53 act, but if the state of New Jersey shall have already enacted such
54 legislation, this act shall take effect immediately; provided that the
55 chairman of the port authority of New York and New Jersey shall notify
56 the legislative bill drafting commission upon the occurrence of the
A. 8813 3
1 enactment of the legislation provided for in this act in order that the
2 commission may maintain an accurate and timely effective data base of
3 the official text of the laws of the state of New York in furtherance of
4 effectuating the provisions of section 44 of the legislative law and
5 section 70-b of the public officers law.
