S T A T E   O F   N E W   Y O R K
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                                  4172

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. TITONE -- 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, THE OPPORTUNITY FOR APPLICANTS TO  VOLUN-
TARILY PARTICIPATE IN THE E-ZPASS PROGRAM AS PRESCRIBED BY THE AUTHORITY
OF  MOTOR VEHICLES. THE PURPOSE OF SUCH MEASURE IS TO FACILITATE PARTIC-
IPATION IN THE E-ZPASS PROGRAM, THEREFORE THE DEPARTMENT OF MOTOR  VEHI-
CLES  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,  ADMINIS-
TRATIVE SERVICE FEES ON ACCOUNTS OR EQUIPMENT, LIMITS ON TRANSFERABILITY
AND  E-ZPASS  ACCOUNT  REQUIREMENTS.  USE  OF  THE E-ZPASS SYSTEM MAY BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03997-01-3
              

A. 4172                             2

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.