Bill Text: NY A04080 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits public authorities which offer electronic payment to impose any additional surcharge upon out-of-state residents.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-01-30 - referred to corporations, authorities and commissions [A04080 Detail]

Download: New_York-2013-A04080-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4080
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN  ACT  to  amend the public authorities law, in relation to electronic
         payment of tolls, fares, fees, rentals and  other  charges  to  public
         authorities;  and  to regulate the electronic payment of tolls, fares,
         fees, rentals and other charges to the port authority of New York  and
         New Jersey
         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    S 2855. Electronic method of payment; periodic charges AND SURCHARGES.
    5  1. Notwithstanding the provisions of any law to  the  contrary,  if  any
    6  authority shall offer any electronic method of payment for tolls, fares,
    7  fees,  rentals,  or other charges, including but not limited to a system
    8  called E-ZPass, such authority shall not impose any periodic administra-
    9  tive or other charge for the privilege of using such  electronic  method
   10  of  payment for such charges. Nothing in this section shall be construed
   11  to prohibit any authority from making  any  charge  for  extra  services
   12  requested  by  a holder of such electronic method of payment, any charge
   13  for lost or damaged equipment, or for  defaults,  such  as  charges  for
   14  dishonored  checks.  The  authority  shall  not enter any agreement with
   15  bondholders that would require the imposition of administrative or other
   16  periodic charges relating to electronic methods of payment prohibited by
   17  this [section] SUBDIVISION.
   18    2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY,  IF  ANY
   19  AUTHORITY SHALL OFFER ANY ELECTRONIC METHOD OF PAYMENT FOR TOLLS, FARES,
   20  FEES,  RENTALS,  OR OTHER CHARGES, INCLUDING BUT NOT LIMITED TO A SYSTEM
   21  CALLED E-ZPASS, SUCH AUTHORITY SHALL NOT IMPOSE ANY SURCHARGE  OR  OTHER
   22  ADDITIONAL CHARGE UPON OUT-OF-STATE RESIDENTS FOR THE PRIVILEGE OF USING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07771-01-3
       A. 4080                             2
    1  SUCH  ELECTRONIC  METHOD  OF  PAYMENT. THE AUTHORITY SHALL NOT ENTER ANY
    2  AGREEMENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF  CHARGES
    3  RELATING  TO  ELECTRONIC  METHODS OF PAYMENT PROHIBITED BY THIS SUBDIVI-
    4  SION.
    5    S  2.  (a)  As  used  in this section, "authority" shall mean the port
    6  authority of New York and New Jersey established pursuant to the  inter-
    7  state compact authorized by chapter 154 of the laws of 1921 of the state
    8  of  New  York  and  chapter  151 of the laws of 1921 of the state of New
    9  Jersey.
   10    (b) Notwithstanding any provision of  law  to  the  contrary,  if  the
   11  authority shall offer any electronic method of payment for tolls, fares,
   12  fees,  rentals,  or other charges, including but not limited to a system
   13  called E-ZPass, such authority shall not impose any surcharge  or  other
   14  additional charge upon out-of-state residents for the privilege of using
   15  such  electronic  method  of  payment. The authority shall not enter any
   16  agreement  with  bondholders  that  would  require  the  imposition   of
   17  surcharge  or  other  periodic charges relating to electronic methods of
   18  payment prohibited by this section.
   19    S 3. This act shall take effect June 1,  2014  or  the  first  of  the
   20  second  calendar  month  next succeeding the date on which it shall have
   21  become a law, whichever is later; provided, however, that section two of
   22  this act shall take effect upon the enactment into law by the  state  of
   23  New Jersey of legislation having an identical effect with section two of
   24  this act, but if the state of New Jersey shall have already enacted such
   25  legislation,  section  two  of  this  act shall take effect immediately;
   26  provided that the port authority of New York and New Jersey shall notify
   27  the legislative bill drafting commission  upon  the  occurrence  of  the
   28  enactment  of the legislation provided for in section two of this act in
   29  order that the commission may maintain an accurate and timely  effective
   30  data  base  of the official text of the laws of the state of New York in
   31  furtherance of effectuating the provisions of section 44 of the legisla-
   32  tive law and section 70-b of  the  public  officers  law;  and  provided
   33  further  that  nothing  in  this  act shall be construed to apply to any
   34  action taken by an authority prior to the effective date of this act  or
   35  to  mean that any act taken by an authority prior to such effective date
   36  was outside of the legal powers of such authority.