senate Bill S32

Amended

Requires cash lanes be made available at certain toll barriers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 14 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 14 / Mar / 2013
    • PRINT NUMBER 32A
  • 29 / Apr / 2013
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 29 / Apr / 2013
    • PRINT NUMBER 32B
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Requires cash lanes be made available at certain toll barriers.

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Bill Details

See Assembly Version of this Bill:
A25
Versions:
S32
S32A
S32B
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Rpld §2985, add Art 9 Title 12-B §§2988 & 2989, Pub Auth L; add §16-d, Chap 774 of 1950

Sponsor Memo

BILL NUMBER:S32 REVISED 12/07/12

TITLE OF BILL:
An act
to amend the public authorities law and chapter 774 of
the laws of 1950 relating to agreeing with the state of New Jersey with
respect to rules and regulations governing traffic on vehicular
crossings operated by the port of New York
authority, in relation to requiring cash lanes to be made available at
certain toll barriers and to repeal section 2985 of the public
authorities law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
The provision of electronic
collection of tolls for certain highway bridge and/or tunnel
facilities offers significant benefits to the majority of the
motoring public, including increased customer convenience, road
congestion relief, cost reductions and enhanced traffic management,
but it could result in causing inconvenience, aggravating congestion,
increasing costs and lessening management control for motorists who
do not have electronic toll collection accounts. The proposed
legislation would insure at least one cash facility is available in
Cities of 1,000,000 or more to motorists without electronic toll
collection accounts.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law, provided, however,
that the commissioner of transportation is authorized and directed to
promulgate any rules and regulations necessary to implement the
provisions of this act on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   32

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN  ACT  to amend the public authorities law and chapter 774 of the laws
  of 1950 relating to agreeing with the state of New Jersey with respect
  to rules and regulations  governing  traffic  on  vehicular  crossings
  operated  by  the port of New York authority, in relation to requiring
  cash lanes to be made available at certain toll barriers and to repeal
  section 2985 of the public authorities law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2985 of the public authorities law is REPEALED.
  S  2.  Article  9 of the public authorities law is amended by adding a
new title 12-B to read as follows:
                                TITLE 12-B
                        TOLL AND FARE COLLECTION
SECTION 2988. OWNER LIABILITY FOR FAILURE OF  OPERATOR  TO  COMPLY  WITH
                TOLL COLLECTION REGULATIONS.
        2989. PLACEMENT  OF  ELECTRONIC  TOLL COLLECTION SYSTEM LANES AT
                TOLL BARRIERS LOCATED WITHIN A CITY HAVING A  POPULATION
                OF ONE MILLION OR MORE.
  S  2988.  OWNER  LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TOLL
COLLECTION REGULATIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
EVERY  PUBLIC  AUTHORITY  WHICH  OPERATES  A  TOLL HIGHWAY BRIDGE AND/OR
TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE  MONETARY
LIABILITY  ON  THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC  AUTHORITY
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  2.  THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED  WITH  THE
PERMISSION  OF  THE  OWNER,  EXPRESS  OR  IMPLIED,  IN VIOLATION OF TOLL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02953-01-3

S. 32                               2

COLLECTION REGULATIONS, AND SUCH VIOLATION IS EVIDENCED  BY  INFORMATION
OBTAINED  FROM  A  PHOTO-MONITORING  SYSTEM,  PROVIDED, HOWEVER, THAT NO
OWNER OF A VEHICLE SHALL BE LIABLE FOR A  PENALTY  IMPOSED  PURSUANT  TO
THIS  SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF A
VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE SAME INCIDENT.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "OWNER"  SHALL  MEAN  ANY
PERSON,  CORPORATION,  PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT  TO  THE
VEHICLE  IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO  SUCH  VEHICLE;  OR
(C)  IS  THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR  ANY  OTHER
STATE,  TERRITORY,  DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
(D) SUBJECT TO THE LIMITATIONS SET FORTH  IN  SUBDIVISION  TEN  OF  THIS
SECTION,  USES  SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSI-
NESS; AND INCLUDES (E) A PERSON ENTITLED TO THE USE AND POSSESSION OF  A
VEHICLE  SUBJECT  TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES
OF THIS SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TOLL COLLECTION  FACILITY
WHICH AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN VIOLATION OF TOLL COLLECTION REGULATIONS.
FOR  PURPOSES  OF  THIS  SECTION, THE TERM "TOLL COLLECTION REGULATIONS"
SHALL MEAN: THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY  PROVIDING
FOR AND REQUIRING THE PAYMENT OF TOLLS AND/OR CHARGES PRESCRIBED BY SUCH
PUBLIC  AUTHORITY  FOR THE USE OF BRIDGES, TUNNELS OR HIGHWAYS UNDER ITS
JURISDICTION OR THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY MAKING
IT UNLAWFUL TO REFUSE TO PAY OR TO EVADE OR  TO  ATTEMPT  TO  EVADE  THE
PAYMENT OF ALL OR PART OF ANY TOLL AND/OR CHARGE FOR THE USE OF BRIDGES,
TUNNELS OR HIGHWAYS UNDER THE JURISDICTION OF SUCH PUBLIC AUTHORITY. FOR
PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN,
UPON  OR BY WHICH A PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN
UPON A HIGHWAY, EXCEPT DEVICES USED EXCLUSIVELY UPON STATIONARY RAILS OR
TRACKS.
  4. A CERTIFICATE, SWORN TO OR AFFIRMED  BY  AN  AGENT  OF  THE  PUBLIC
AUTHORITY  WHICH  CHARGED  THAT  THE  VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDE-
OTAPE  OR  OTHER  RECORDED  IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN  AND  SHALL
BE  ADMISSIBLE IN ANY PROCEEDING CHARGING A VIOLATION OF TOLL COLLECTION
REGULATIONS, PROVIDED THAT ANY PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE
OR  OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE
FOR INSPECTION AND ADMISSION INTO EVIDENCE IN ANY PROCEEDING TO  ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
  5.  AN  OWNER  FOUND  LIABLE  FOR A VIOLATION OF TOLL COLLECTION REGU-
LATIONS PURSUANT TO THIS SECTION SHALL FOR A FIRST VIOLATION THEREOF  BE
LIABLE  FOR  A MONETARY PENALTY NOT TO EXCEED FIFTY DOLLARS OR TWO TIMES
THE TOLL EVADED WHICHEVER IS GREATER; FOR  A  SECOND  VIOLATION  THEREOF
BOTH  WITHIN  EIGHTEEN  MONTHS  BE  LIABLE FOR A MONETARY PENALTY NOT TO
EXCEED ONE HUNDRED DOLLARS OR FIVE TIMES THE TOLL  EVADED  WHICHEVER  IS
GREATER; FOR A THIRD OR SUBSEQUENT VIOLATION THEREOF ALL WITHIN EIGHTEEN
MONTHS  BE LIABLE FOR A MONETARY PENALTY NOT TO EXCEED ONE HUNDRED FIFTY
DOLLARS OR TEN TIMES THE TOLL EVADED WHICHEVER IS GREATER.
  6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE  BASED
UPON  A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
ITY PURSUANT TO THIS SECTION SHALL NOT BE  DEEMED  A  CONVICTION  AS  AN

S. 32                               3

OPERATOR  AND  SHALL  NOT  BE  MADE  PART OF THE MOTOR VEHICLE OPERATING
RECORD, FURNISHED PURSUANT TO SECTION THREE HUNDRED  FIFTY-FOUR  OF  THE
VEHICLE  AND  TRAFFIC  LAW,  OF  THE  PERSON UPON WHOM SUCH LIABILITY IS
IMPOSED  NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF
MOTOR VEHICLE INSURANCE COVERAGE.
  7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE  LIABLE  AS  AN  OWNER  FOR  A  VIOLATION  OF  TOLL
COLLECTION REGULATIONS. SUCH NOTICE SHALL BE MAILED NO LATER THAN THIRTY
DAYS  AFTER THE ALLEGED VIOLATION.  PERSONAL DELIVERY ON THE OWNER SHALL
NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE MAILING
OF THE NOTICE.
  (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO  BE  LIABLE  AS  AN  OWNER  FOR  A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER
OF THE VEHICLE INVOLVED IN  SUCH  VIOLATION,  THE  LOCATION  WHERE  SUCH
VIOLATION  TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDEN-
TIFICATION NUMBER OF THE  PHOTO-MONITORING  SYSTEM  WHICH  RECORDED  THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C)  THE  NOTICE  OF  LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE  MAY  CONTEST  THE
LIABILITY  ALLEGED  IN THE NOTICE.   SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER THE TOLL FACILITY WHERE THE VIOLATION
OF TOLL COLLECTION REGULATIONS OCCURRED.
  8. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY  THIS  SECTION
SHALL  BE BY THE ENTITY HAVING JURISDICTION OVER VIOLATIONS OF THE RULES
AND REGULATIONS OF THE PUBLIC AUTHORITY SERVING THE NOTICE OF  LIABILITY
OR  WHERE  AUTHORIZED  BY  AN ADMINISTRATIVE TRIBUNAL AND ALL VIOLATIONS
SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH  THE  VIOLATION  IS
ALLEGED  TO  HAVE  OCCURRED, OR IN NEW YORK CITY AND UPON THE CONSENT OF
BOTH PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY  IN  WHICH  THE  PUBLIC
AUTHORITY  OPERATES  OR  MAINTAINS A FACILITY, AND IN THE SAME MANNER AS
CHARGES OF OTHER REGULATORY  VIOLATIONS  OF  SUCH  PUBLIC  AUTHORITY  OR
PURSUANT TO THE RULES AND REGULATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS
THE CASE MAY BE.
  9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE  A  VALID  DEFENSE  TO  AN
ALLEGATION  OF  LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO  THE
TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. IF
AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY
TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED
TO THE POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO  AN
ALLEGATION  OF  LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
PURSUANT TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN  WITHIN
TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER. FOR PURPOSES OF
ASSERTING  THE  DEFENSE  PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
BE  SENT  BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY HAVING JURIS-
DICTION.

S. 32                               4

  10. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION  SHALL  NOT
BE  LIABLE  FOR THE VIOLATION OF THE TOLL COLLECTION REGULATION PROVIDED
THAT HE OR SHE SENDS TO THE  PUBLIC  AUTHORITY  SERVING  THE  NOTICE  OF
LIABILITY AND TO THE COURT OR OTHER ENTITY HAVING JURISDICTION A COPY OF
THE  RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE
ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS  OF  THE  LESSEE
CLEARLY  LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIVING THE ORIGINAL NOTICE
OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN  SUCH  THIRTY  DAY
TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY
THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES WITH THE PROVISIONS OF THIS
SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE  OF  SUCH  VIOLATION
SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
SECTION AND SHALL BE SUBJECT TO LIABILITY  FOR  THE  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS,  PROVIDED  THAT  THE  PUBLIC  AUTHORITY MAILS A
NOTICE OF LIABILITY TO THE LESSEE WITHIN TEN DAYS AFTER  THE  COURT,  OR
OTHER  ENTITY HAVING JURISDICTION, DEEMS THE LESSEE TO BE THE OWNER. FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "LESSOR" SHALL MEAN  ANY  PERSON,
CORPORATION,  FIRM,  PARTNERSHIP,  AGENCY,  ASSOCIATION  OR ORGANIZATION
ENGAGED IN THE BUSINESS OF RENTING OR LEASING  VEHICLES  TO  ANY  LESSEE
UNDER A RENTAL AGREEMENT, LEASE OR OTHERWISE WHEREIN THE SAID LESSEE HAS
THE  EXCLUSIVE  USE OF SAID VEHICLE FOR ANY PERIOD OF TIME. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "LESSEE" SHALL  MEAN  ANY  PERSON,  CORPO-
RATION,  FIRM,  PARTNERSHIP,  AGENCY,  ASSOCIATION  OR ORGANIZATION THAT
RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE OR MORE VEHICLES  AND  HAS
EXCLUSIVE USE THEREOF FOR ANY PERIOD OF TIME.
  11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS SECTION IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY  FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  THAT  THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
LIABILITY PURSUANT TO THIS SECTION WAS NOT THE OWNER OF THE  VEHICLE  AT
THE  TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF
TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE  OPERA-
TOR  OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN
AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  12. "ELECTRONIC  TOLL  COLLECTION  SYSTEM"  SHALL  MEAN  A  SYSTEM  OF
COLLECTING  TOLLS  OR  CHARGES  WHICH  IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE  BY  TRANSMISSION  OF  INFORMATION
FROM  AN  ELECTRONIC  DEVICE  ON A MOTOR VEHICLE TO THE TOLL LANE, WHICH
INFORMATION IS USED TO  CHARGE  THE  ACCOUNT  THE  APPROPRIATE  TOLL  OR
CHARGE.  IN  ADOPTING  PROCEDURES  FOR  THE PREPARATION AND MAILING OF A
NOTICE OF LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION  OVER  THE
TOLL  FACILITY  SHALL  ADOPT  GUIDELINES  TO  ENSURE ADEQUATE AND TIMELY
NOTICE TO ALL ELECTRONIC  TOLL  COLLECTION  SYSTEM  ACCOUNT  HOLDERS  TO
INFORM  THEM  WHEN  THEIR  ACCOUNTS  ARE  DELINQUENT. AN OWNER WHO IS AN
ACCOUNT HOLDER UNDER THE ELECTRONIC TOLL COLLECTION SYSTEM SHALL NOT  BE
FOUND  LIABLE  FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORITY HAS
FIRST SENT A NOTICE OF  DELINQUENCY  TO  SUCH  ACCOUNT  HOLDER  AND  THE
ACCOUNT HOLDER WAS IN FACT DELINQUENT AT THE TIME OF THE VIOLATION.
  13.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF TOLL  COLLECTION  REGU-
LATIONS.
  14.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, ALL PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES  PREPARED  PURSUANT
TO  THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF A PUBLIC AUTHORITY IN
THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE OPEN  TO

S. 32                               5

THE  PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING PENDING
THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSITION OF OR
INDEMNIFICATION FOR LIABILITY  PURSUANT  TO  THIS  SECTION.  THE  PUBLIC
AUTHORITY  SHALL  NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY WAY, THE
NAMES AND ADDRESSES OF ELECTRONIC TOLL COLLECTION SYSTEM  ACCOUNT  HOLD-
ERS,  WITHOUT  SUCH ACCOUNT HOLDERS' CONSENT TO ANY ENTITY THAT WILL USE
SUCH INFORMATION FOR ANY COMMERCIAL PURPOSE PROVIDED THAT THE  FOREGOING
RESTRICTION  SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFOR-
MATION BETWEEN ANY ENTITIES WITH JURISDICTION OVER AND  OR  OPERATING  A
TOLL HIGHWAY BRIDGE AND/OR TUNNEL FACILITY.
  S  2989.  PLACEMENT OF ELECTRONIC TOLL COLLECTION SYSTEM LANES AT TOLL
BARRIERS LOCATED WITHIN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
MORE.  THE  COMMISSIONER  OF  TRANSPORTATION SHALL ESTABLISH, BY RULE OR
REGULATION, REQUIREMENTS FOR THE PLACEMENT OF AT LEAST ONE CASH LANE  TO
BE MADE AVAILABLE FOR THE COLLECTION OF TOLLS AND FARES WHERE ELECTRONIC
TOLL  COLLECTION  SYSTEMS,  AS  DEFINED  IN  SECTION TWENTY-NINE HUNDRED
EIGHTY-EIGHT OF THIS TITLE, HAVE BEEN DESIGNATED AT  THE  TOLL  BARRIERS
OPERATED  BY  EVERY  PUBLIC  AUTHORITY  WHICH  OPERATES  A TOLL HIGHWAY,
BRIDGE, TUNNEL OR OTHER THOROUGHFARE LOCATED  WITHIN  A  CITY  HAVING  A
POPULATION  OF  ONE  MILLION  OR  MORE. SUCH RULES AND REGULATIONS SHALL
SPECIFY THE GENERAL LOCATION OF THE ROADWAY LANES IN  WHICH  CASH  LANES
SHALL BE LOCATED.
  S  3.  Chapter  774 of the laws of 1950, relating to agreeing with the
state of New Jersey with respect  to  rules  and  regulations  governing
traffic on vehicular crossings operated by the port of New York authori-
ty, is amended by adding a new section 16-d to read as follows:
  S  16-D.  PLACEMENT  OF ELECTRONIC TOLL COLLECTION SYSTEM LANES WITHIN
THE CITY OF NEW YORK. THE COMMISSIONER OF TRANSPORTATION OF THE STATE OF
NEW YORK SHALL ESTABLISH, BY RULE OR REGULATION,  REQUIREMENTS  FOR  THE
PLACEMENT  OF  AT  LEAST  ONE  CASH  LANE  TO  BE MADE AVAILABLE FOR THE
COLLECTION OF TOLLS AND FARES WHERE ELECTRONIC TOLL COLLECTION  SYSTEMS,
AS DEFINED IN SECTION 16-B OF THIS ACT, HAVE BEEN DESIGNATED AT THE TOLL
BARRIERS  OPERATED  BY  THE  PORT AUTHORITY WITHIN THE CITY OF NEW YORK.
SUCH RULES AND REGULATIONS SHALL SPECIFY THE  GENERAL  LOCATION  OF  THE
ROADWAY LANES IN WHICH CASH LANES SHALL BE LOCATED.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law, provided, however, that the commissioner of
transportation is authorized and directed to promulgate  any  rules  and
regulations  necessary  to  implement  the  provisions of this act on or
before such effective date.

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