S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7969
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13086-01-5
              

 S. 7969                             2
 
 TWENTY-FIVE PERCENT OF 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 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.