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A08859 Summary:

BILL NOA08859
 
SAME ASSAME AS S07969
 
SPONSORVanel
 
COSPNSRWalker, Hyndman, Zinerman
 
MLTSPNSR
 
Amd §§2855, 2985 & 2985-a, Pub Auth L
 
Limits fines for the late payment or evasion of tolls charged by a public authority to twenty-five percent of the toll owed.
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A08859 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8859
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2025
                                       ___________
 
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities  law,  in  relation  to  limiting
          fines  for  the  late  payment or evasion of tolls charged by a public
          authority

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2855  of the public authorities law, as added by
     2  section 1 of part KK of chapter 59 of the laws of 2006,  is  amended  to
     3  read as follows:
     4    §  2855. Electronic method of payment; periodic charges. Notwithstand-
     5  ing the provisions of any law to the contrary, if  any  authority  shall
     6  offer  any electronic method of payment for tolls, fares, fees, rentals,
     7  or other charges, including but not limited to a system called  E-ZPass,
     8  such  authority  shall  not  impose any periodic administrative or other
     9  charge for the privilege of using such electronic method of payment  for
    10  such charges. Nothing in this section shall be construed to prohibit any
    11  authority from making any charge for extra services requested by a hold-
    12  er  of such electronic method of payment, any charge for lost or damaged
    13  equipment, or for defaults, such as charges for dishonored  checks.  The
    14  authority  shall  not  enter  any  agreement with bondholders that would
    15  require the imposition  of  administrative  or  other  periodic  charges
    16  relating to electronic methods of payment prohibited by this section. No
    17  fine,  fee or administrative charge for the late payment of a toll shall
    18  exceed twenty-five per centum of the amount of such toll owed.
    19    § 2. Subdivision 5 of section 2985 of the public authorities  law,  as
    20  added by chapter 379 of the laws of 1992, is amended to read as follows:
    21    5.  An  owner  found  liable  for a violation of toll collection regu-
    22  lations pursuant to this section shall for a first violation thereof  be
    23  liable for a monetary penalty not to exceed [fifty dollars or two times]
    24  twenty-five  percent  of  the  toll  evaded [whichever is greater; for a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13086-01-5

        A. 8859                             2

     1  second violation thereof both within eighteen months  be  liable  for  a
     2  monetary  penalty  not  to  exceed one hundred dollars or five times the
     3  toll evaded whichever is greater; for a third  or  subsequent  violation
     4  thereof  all within eighteen months be liable for a monetary penalty not
     5  to exceed one hundred fifty dollars or ten times the toll evaded  which-
     6  ever is greater].
     7    § 3. Subdivision 3 of section 2985-a of the public authorities law, as
     8  added  by section 2 of subpart B of part WW of chapter 56 of the laws of
     9  2024, is amended to read as follows:
    10    3. In the case of an owner who incurs an obligation to pay a toll  for
    11  the  first time in six months under the tolls by mail program at a cash-
    12  less tolling facility, a toll bill shall be  sent  within  ten  business
    13  days  after  the end of the initial billing cycle and of each subsequent
    14  billing cycle. In the case of all other owners incurring  an  obligation
    15  to  pay a toll at a cashless tolling facility, a toll bill shall be sent
    16  at the end of the next billing cycle. Toll bills shall be  sent  to  the
    17  owner  by  first  class mail, and may additionally be sent by electronic
    18  means of communication upon the affirmative consent of the owner, by  or
    19  on  behalf  of the public authority which operates such cashless tolling
    20  facility. The owner shall have thirty days from the  date  of  the  toll
    21  bill  to  pay  the  incurred  toll. The toll bill shall include: (i) the
    22  total amount of the incurred tolls due, (ii) the date by  which  payment
    23  of  the  incurred  tolls is due, (iii) any administrative fees, (iv) the
    24  address for receipt of payment and methods of payment for the toll,  (v)
    25  the  procedure  for  contesting any toll and the contact information for
    26  the relevant toll payer advocate office  and  customer  service  center,
    27  (vi)  information related to the failure to timely pay or respond to the
    28  notice of liability, in addition to the possibility that a judgment  can
    29  be  entered  for  repeat unpaid liabilities that could lead to a vehicle
    30  being towed or immobilized, (vii) a website address or hyperlink for the
    31  owner to  access  time-stamped  photographs  or  footage  of  each  toll
    32  incurred  by  electronic means, (viii) information related to the avail-
    33  ability of the toll payer advocate to discuss payment options, and  (ix)
    34  other  information required by law or by the public authority. Each toll
    35  bill shall identify the date, time, location, license plate number,  and
    36  jurisdiction  of the license plate for each toll that has been incurred.
    37  Each toll bill shall include an image of the license plate of the  vehi-
    38  cle  being  used or operated on the toll facility. If the owner fails to
    39  pay the initial toll bill, a second toll bill shall be sent in the  next
    40  billing  cycle,  which shall also indicate the overdue toll or tolls and
    41  any administrative or late fees due.  No  fine,  fee  or  administrative
    42  charge  for  the  late  payment  of  a toll shall exceed twenty-five per
    43  centum of the amount of such toll owed.
    44    § 4. This act shall take effect immediately.
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