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:
Section 1. Section 2 of chapter 774 of the laws of 1950, providing for
an agreement 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, is amended and a new section 2-a is added to
read as follows:
S 2. (A) No traffic shall be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges.
(B) THE TOLLS AND OTHER CHARGES PRESCRIBED FOR THE USE OF VEHICULAR
CROSSINGS THAT ARE BRIDGES DURING EACH CALENDAR YEAR SHALL NOT EXCEED
THE COSTS OF MAINTAINING AND OPERATING SUCH BRIDGES, AND THE PAYMENT OF,
WITH INTEREST UPON, AND AMORTIZATION OF BONDS AND OTHER SECURITIES OR
OBLIGATIONS ISSUED FOR THE PURPOSES OF SUCH BRIDGES, AND INCURRED BY THE
PORT AUTHORITY DURING SUCH CALENDAR YEAR. ALL SUCH TOLLS AND OTHER
CHARGES FOR THE USE OF PORT AUTHORITY BRIDGES SHALL BE DEPOSITED AND
CREDITED TO THE PORT AUTHORITY BRIDGE FUND. FURTHERMORE, IN ANY INSTANCE
IN WHICH THE AMOUNT OF FUNDS IN THE PORT AUTHORITY BRIDGE FUND EXCEEDS
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
ING PORT AUTHORITY BRIDGES, AND THE PAYMENT OF, WITH INTEREST UPON, AND
AMORTIZATION OF BONDS AND OTHER SECURITIES OR OBLIGATIONS ISSUED FOR THE
PURPOSES OF SUCH BRIDGES, THE TOLLS AND OTHER CHARGES IMPOSED FOR THE
USE OF PORT AUTHORITY BRIDGES SHALL BE REDUCED DURING SUBSEQUENT CALEN-
DAR YEARS SO AS TO REDUCE THE FUNDS IN THE PORT AUTHORITY FUND BELOW ONE
HUNDRED FIVE PERCENT OF THE ANNUAL PORT AUTHORITY BRIDGE COSTS.
S 2-A. (A) THE PORT AUTHORITY SHALL ESTABLISH A SEPARATE SPECIAL FUND
TO BE KNOWN AS THE "PORT AUTHORITY BRIDGE FUND".
(B) SUCH FUND SHALL CONSIST OF ALL REVENUE, TOLLS AND OTHER CHARGES
RECEIVED BY THE PORT AUTHORITY FOR THE USE OF VEHICULAR CROSSINGS THAT
ARE BRIDGES, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
(C) MONEYS IN THE PORT AUTHORITY BRIDGE FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
PORT AUTHORITY.
(D) THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE COSTS OF
MAINTAINING AND OPERATING THE PORT AUTHORITY BRIDGES, AND THE PAYMENT
OF, WITH INTEREST UPON, AND AMORTIZATION OF BONDS AND OTHER SECURITIES
OR OBLIGATIONS ISSUED FOR THE PURPOSES OF SUCH BRIDGES.
(E) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL STATUTES,
THE COMPTROLLER OF THE STATE OF NEW YORK AND THE COMPTROLLER OF THE
STATE OF NEW JERSEY AND THEIR LEGALLY AUTHORIZED REPRESENTATIVES ARE
HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO EXAMINE THE PORT
AUTHORITY BRIDGE FUND IN ACCORDANCE WITH CHAPTER SIX HUNDRED FORTY-EIGHT
OF THE LAWS OF NINETEEN HUNDRED TWENTY-NINE OF THE STATE OF NEW YORK AND
CHAPTER NINETY OF THE LAWS OF NINETEEN HUNDRED FIFTY OF THE STATE OF NEW
JERSEY.
S 2. The opening paragraph of section 11 of 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, as amended by chapter 807 of the laws of 1955, is amended
to read as follows:
The port authority is hereby authorized to make and enforce such rules
and regulations and, SUBJECT TO THE PROVISIONS OF SECTIONS TWO AND TWO-A
OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED
FIFTY OF THE STATE OF NEW YORK AND CHAPTER ONE HUNDRED NINETY-TWO OF THE
LAWS OF NINETEEN HUNDRED FIFTY OF THE STATE OF NEW JERSEY, to establish,
levy and collect such tolls and other charges in connection with any
vehicular bridges and tunnels which it may now or hereafter be author-
ized to own, construct, operate or control (including the said Holland
tunnel and the said Midtown Hudson tunnel), as it may deem necessary,
proper or desirable, which said tolls and charges shall be [at least]
sufficient to meet the expenses of the construction, operation and main-
tenance thereof, and to provide for the payment of, with interest upon,
and the amortization and retirement of bonds or other securities or
obligations issued or incurred for bridge or tunnel purposes. There
shall be allocated to the cost of the construction, operation and main-
tenance of such bridges and tunnels, such proportion of the general
expenses of the port authority as it shall deem properly chargeable
thereto.
S 3. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided that the
chairman of the port authority of New York and New Jersey shall notify
the legislative bill drafting commission upon the occurrence of the
A. 8813 3
enactment of the legislation provided for in 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 legislative law and
section 70-b of the public officers law.