S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5969

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. TITONE, TOBACCO -- read once and referred to the
  Committee on Transportation

AN ACT to amend the public authorities law,  in  relation  to  providing
  access to the E-ZPass program on applications for motor vehicle regis-
  trations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 362 of the public authorities law,  as  amended  by
chapter 766 of the laws of 1992, is amended to read as follows:
  S  362.  Assistance  by state officers, departments, boards, divisions
and commissions; ACCESS TO E-ZPASS PROGRAM.  (A) At the request  of  the
authority,  engineering  and  legal services for such authority shall be
performed by forces or officers of the department of transportation  and
the  department  of  law  respectively,  and  all  other state officers,
departments, boards, divisions and  commissions  shall  render  services
within  their  respective  functions.  At  the request of the authority,
services in connection with the collection of any charges  or  fees  for
the  use  of  the  thruway,  the New York state canal system or any part
thereof may be performed by the department of motor vehicles.
  (B) THE DEPARTMENT OF MOTOR VEHICLES SHALL INCLUDE ON ALL MOTOR  VEHI-
CLE  REGISTRATION APPLICATIONS AS FURNISHED BY THE COMMISSIONER OF MOTOR
VEHICLES, THE OPPORTUNITY FOR SUCH APPLICANTS TO VOLUNTARILY PARTICIPATE
IN THE E-ZPASS PROGRAM AS PRESCRIBED BY THE AUTHORITY OF MOTOR VEHICLES.
THE PURPOSE OF SUCH  MEASURE  IS  TO  FACILITATE  PARTICIPATION  IN  THE
E-ZPASS  PROGRAM,  THEREFORE  THE  DEPARTMENT  OF MOTOR VEHICLES AND THE
AUTHORITY SHALL ESTABLISH MEANS BY WHICH THE RELEVANT INFORMATION MAY BE
SHARED TO ACHIEVE SUCH PURPOSE. PARTICIPATION  IN  THE  E-ZPASS  PROGRAM
SHALL  BE SUBJECT TO THE PROCEDURES, TERMS, CONDITIONS AND AGREEMENTS AS
FROM TIME TO TIME MAY BE ISSUED BY THE AUTHORITY. SUCH TERMS, CONDITIONS
AND AGREEMENTS MAY INCLUDE MINIMUM DEPOSITS, ADMINISTRATIVE SERVICE FEES
ON ACCOUNTS OR EQUIPMENT, LIMITS ON TRANSFERABILITY, AND E-ZPASS ACCOUNT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06270-01-9
              

A. 5969                             2

REQUIREMENTS. USE OF THE E-ZPASS SYSTEM MAY BE CONDITIONED ON  CONTINUED
COMPLIANCE WITH REQUIREMENTS OF OTHER AGENCIES WHICH OPERATE THE E-ZPASS
SYSTEM.  UNAUTHORIZED  OR  IMPROPER  USE  OF AN E-ZPASS TAG OR DEDICATED
E-ZPASS  LANE  IS  PROHIBITED  AND MAY RESULT IN CANCELLATION OF E-ZPASS
ACCOUNT PRIVILEGE AND/OR THE IMPOSITION OF ADMINISTRATIVE FEES, COSTS OR
PENALTIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided, that the commissioner of motor vehicles is
immediately authorized and directed to promulgate, amend  and/or  repeal
any  rules and regulations necessary to implement the provisions of this
act on its effective date.