S T A T E O F N E W Y O R K
________________________________________________________________________
8639
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
___________
Introduced by M. of A. MAISEL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to electronic
payment of tolls, fares, fees, rentals and other charges to public
authorities; and to regulate the electronic payment of tolls, fares,
fees, rentals and other charges to the port authority of New York and
New Jersey
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2855 of the public authorities law, as added by
section 1 of part KK of chapter 59 of the laws of 2006, is amended to
read as follows:
S 2855. Electronic method of payment; periodic charges AND SURCHARGES.
1. Notwithstanding the provisions of any law to the contrary, if any
authority shall offer any electronic method of payment for tolls, fares,
fees, rentals, or other charges, including but not limited to a system
called E-ZPass, such authority shall not impose any periodic administra-
tive or other charge for the privilege of using such electronic method
of payment for such charges. Nothing in this section shall be construed
to prohibit any authority from making any charge for extra services
requested by a holder of such electronic method of payment, any charge
for lost or damaged equipment, or for defaults, such as charges for
dishonored checks. The authority shall not enter any agreement with
bondholders that would require the imposition of administrative or other
periodic charges relating to electronic methods of payment prohibited by
this [section] SUBDIVISION.
2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, IF ANY
AUTHORITY SHALL OFFER ANY ELECTRONIC METHOD OF PAYMENT FOR TOLLS, FARES,
FEES, RENTALS, OR OTHER CHARGES, INCLUDING BUT NOT LIMITED TO A SYSTEM
CALLED E-ZPASS, SUCH AUTHORITY SHALL NOT IMPOSE ANY SURCHARGE OR OTHER
ADDITIONAL CHARGE UPON OUT-OF-STATE RESIDENTS FOR THE PRIVILEGE OF USING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13350-01-1
A. 8639 2
SUCH ELECTRONIC METHOD OF PAYMENT. THE AUTHORITY SHALL NOT ENTER ANY
AGREEMENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF CHARGES
RELATING TO ELECTRONIC METHODS OF PAYMENT PROHIBITED BY THIS SUBDIVI-
SION.
S 2. (a) As used in this section, "authority" shall mean the port
authority of New York and New Jersey established pursuant to the inter-
state compact authorized by chapter 154 of the laws of 1921 of the state
of New York and chapter 151 of the laws of 1921 of the state of New
Jersey.
(b) Notwithstanding any provision of law to the contrary, if the
authority shall offer any electronic method of payment for tolls, fares,
fees, rentals, or other charges, including but not limited to a system
called E-ZPass, such authority shall not impose any surcharge or other
additional charge upon out-of-state residents for the privilege of using
such electronic method of payment. The authority shall not enter any
agreement with bondholders that would require the imposition of
surcharge or other periodic charges relating to electronic methods of
payment prohibited by this section.
S 3. This act shall take effect June 1, 2012 or the first of the
second calendar month next succeeding the date on which it shall have
become a law, whichever is later; provided, however, that section two of
this act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with section two of
this act, but if the state of New Jersey shall have already enacted such
legislation, section two of this act shall take effect immediately;
provided that the port authority of New York and New Jersey shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in section two of this act in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law; and provided
further that nothing in this act shall be construed to apply to any
action taken by an authority prior to the effective date of this act or
to mean that any act taken by an authority prior to such effective date
was outside of the legal powers of such authority.