A 8859: Limits fines for the late payment or evasion of tolls charged by a public authority to twenty-five percent of the toll owed.

  
  STATE OF NEW YORK ________________________________________________________________________ 8859 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Section 2855 of the public authorities law, as added by 2 section 1 of part KK of chapter 59 of the laws of 2006, is amended to 3 read as follows: 4 § 2855. Electronic method of payment; periodic charges. Notwithstand- 5 ing the provisions of any law to the contrary, if any authority shall 6 offer any electronic method of payment for tolls, fares, fees, rentals, 7 or other charges, including but not limited to a system called E-ZPass, 8 such authority shall not impose any periodic administrative or other 9 charge for the privilege of using such electronic method of payment for 10 such charges. Nothing in this section shall be construed to prohibit any 11 authority from making any charge for extra services requested by a hold- 12 er of such electronic method of payment, any charge for lost or damaged 13 equipment, or for defaults, such as charges for dishonored checks. The 14 authority shall not enter any agreement with bondholders that would 15 require the imposition of administrative or other periodic charges 16 relating to electronic methods of payment prohibited by this section. No 17 fine, fee or administrative charge for the late payment of a toll shall 18 exceed twenty-five per centum of the amount of such toll owed. 19 § 2. Subdivision 5 of section 2985 of the public authorities law, as 20 added by chapter 379 of the laws of 1992, is amended to read as follows: 21 5. An owner found liable for a violation of toll collection regu- 22 lations pursuant to this section shall for a first violation thereof be 23 liable for a monetary penalty not to exceed [fifty dollars or two times] 24 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 1 second violation thereof both within eighteen months be liable for a 2 monetary penalty not to exceed one hundred dollars or five times the 3 toll evaded whichever is greater; for a third or subsequent violation 4 thereof all within eighteen months be liable for a monetary penalty not 5 to exceed one hundred fifty dollars or ten times the toll evaded which- 6 ever is greater]. 7 § 3. Subdivision 3 of section 2985-a of the public authorities law, as 8 added by section 2 of subpart B of part WW of chapter 56 of the laws of 9 2024, is amended to read as follows: 10 3. In the case of an owner who incurs an obligation to pay a toll for 11 the first time in six months under the tolls by mail program at a cash- 12 less tolling facility, a toll bill shall be sent within ten business 13 days after the end of the initial billing cycle and of each subsequent 14 billing cycle. In the case of all other owners incurring an obligation 15 to pay a toll at a cashless tolling facility, a toll bill shall be sent 16 at the end of the next billing cycle. Toll bills shall be sent to the 17 owner by first class mail, and may additionally be sent by electronic 18 means of communication upon the affirmative consent of the owner, by or 19 on behalf of the public authority which operates such cashless tolling 20 facility. The owner shall have thirty days from the date of the toll 21 bill to pay the incurred toll. The toll bill shall include: (i) the 22 total amount of the incurred tolls due, (ii) the date by which payment 23 of the incurred tolls is due, (iii) any administrative fees, (iv) the 24 address for receipt of payment and methods of payment for the toll, (v) 25 the procedure for contesting any toll and the contact information for 26 the relevant toll payer advocate office and customer service center, 27 (vi) information related to the failure to timely pay or respond to the 28 notice of liability, in addition to the possibility that a judgment can 29 be entered for repeat unpaid liabilities that could lead to a vehicle 30 being towed or immobilized, (vii) a website address or hyperlink for the 31 owner to access time-stamped photographs or footage of each toll 32 incurred by electronic means, (viii) information related to the avail- 33 ability of the toll payer advocate to discuss payment options, and (ix) 34 other information required by law or by the public authority. Each toll 35 bill shall identify the date, time, location, license plate number, and 36 jurisdiction of the license plate for each toll that has been incurred. 37 Each toll bill shall include an image of the license plate of the vehi- 38 cle being used or operated on the toll facility. If the owner fails to 39 pay the initial toll bill, a second toll bill shall be sent in the next 40 billing cycle, which shall also indicate the overdue toll or tolls and 41 any administrative or late fees due. No fine, fee or administrative 42 charge for the late payment of a toll shall exceed twenty-five per 43 centum of the amount of such toll owed. 44 § 4. This act shall take effect immediately.