Assembly Bill A8859

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8859
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   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:
   §  2855. Electronic method of payment; periodic charges. Notwithstand-
 ing 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 administrative 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 hold-
 er  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. NO
 FINE,  FEE OR ADMINISTRATIVE CHARGE FOR THE LATE PAYMENT OF A TOLL SHALL
 EXCEED TWENTY-FIVE PER CENTUM OF THE AMOUNT OF SUCH TOLL OWED.
   § 2. Subdivision 5 of section 2985 of the public authorities  law,  as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   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]
 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

 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  which-
 ever is greater].
   § 3. Subdivision 3 of section 2985-a of the public authorities law, as
 added  by section 2 of subpart B of part WW of chapter 56 of the laws of
 2024, is amended to read as follows:
   3. In the case of an owner who incurs an obligation to pay a toll  for
 the  first time in six months under the tolls by mail program at a cash-
 less tolling facility, a toll bill shall be  sent  within  ten  business
 days  after  the end of the initial billing cycle and of each subsequent
 billing cycle. In the case of all other owners incurring  an  obligation
 to  pay a toll at a cashless tolling facility, a toll bill shall be sent
 at the end of the next billing cycle. Toll bills shall be  sent  to  the
 owner  by  first  class mail, and may additionally be sent by electronic
 means of communication upon the affirmative consent of the owner, by  or
 on  behalf  of the public authority which operates such cashless tolling
 facility. The owner shall have thirty days from the  date  of  the  toll
 bill  to  pay  the  incurred  toll. The toll bill shall include: (i) the
 total amount of the incurred tolls due, (ii) the date by  which  payment
 of  the  incurred  tolls is due, (iii) any administrative fees, (iv) the
 address for receipt of payment and methods of payment for the toll,  (v)
 the  procedure  for  contesting any toll and the contact information for
 the relevant toll payer advocate office  and  customer  service  center,
 (vi)  information related to the failure to timely pay or respond to the
 notice of liability, in addition to the possibility that a judgment  can
 be  entered  for  repeat unpaid liabilities that could lead to a vehicle
 being towed or immobilized, (vii) a website address or hyperlink for the
 owner to  access  time-stamped  photographs  or  footage  of  each  toll
 incurred  by  electronic means, (viii) information related to the avail-
 ability of the toll payer advocate to discuss payment options, and  (ix)
 other  information required by law or by the public authority. Each toll
 bill shall identify the date, time, location, license plate number,  and
 jurisdiction  of the license plate for each toll that has been incurred.
 Each toll bill shall include an image of the license plate of the  vehi-
 cle  being  used or operated on the toll facility. If the owner fails to
 pay the initial toll bill, a second toll bill shall be sent in the  next
 billing  cycle,  which shall also indicate the overdue toll or tolls and
 any administrative or late fees due.  NO  FINE,  FEE  OR  ADMINISTRATIVE
 CHARGE  FOR  THE  LATE  PAYMENT  OF  A TOLL SHALL EXCEED TWENTY-FIVE PER
 CENTUM OF THE AMOUNT OF SUCH TOLL OWED.
   § 4. This act shall take effect immediately.