Senate Bill S3518

                                
 
BILL NUMBER: S3518

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the penal law, in relation to theft of
services

 
PURPOSE:

To address the problem of toll evasion by clarifying that avoidance of
tolls on a toll road, bridge or tunnel constitutes theft of services.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 3 of section 165.15 of the penal law to
make clear that theft of public transportation services shall include
avoidance of tolls on a toll road, bridge or tunnel.

Section 2. Effective date.

 
JUSTIFICATION:
              

Several public authorities in New York have implemented the electronic
toll collection system commonly referred to as E-ZPass. The E-ZPass
system has increased customer convenience while reducing travel time,
fuel consumption and potential back-ups at toll plazas for the Thruway
Authority and other public authorities.

While the benefits of E-ZPass are numerous, it does provide opportu-
nities for abuse. Those who are not E-ZPass subscribers can evade tolls
by driving through lanes designated for that purpose. This legislation
takes a comprehensive approach to addressing the problem of toll evasion
by clarifying the existing theft of services offense to make clear that
it also includes avoidance of paying tolls on any road, bridge or tunnel
that requires them.

This bill would strengthen the ability of New York's four authorities
that operate toll facilities-the Thruway Authority, the Metropolitan
Transportation Authority, the Bridge Authority, and the Port Authority-
to effectively manage and enforce the collection of tolls throughout the
State. Toll violators cost the tolling authorities tens of millions of
dollars each year, and the current law is outdated and ineffective in
enforcing against persistent violators.  Some persistent violators owe
in excess of $100,000 in tolls and fees.

 
LEGISLATIVE HISTORY:

2017-18: S711/A1590 - PASSED SENATE/codes
2015-16: S2018/A3587 - Passed Senate/codes
2014: S7602 - Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.