BILL NUMBER:  S711

 TITLE OF BILL :  An act to amend the penal law, in relation to theft
of services

 PURPOSE :

To address the problem of toll evasion by clarifying that avoidance of
tolls on a toll road, bridge or tunnel constitutes theft of services.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 3 of section 165.15 of the penal law to
make clear that theft of public transportation services shall include
avoidance of tolls on a toll road, bridge or tunnel.

Section 2. Effective date.

 JUSTIFICATION :

Several public authorities in New York have implemented the electronic
toll collection system commonly referred to as E-ZPass. The E-ZPass
system has increased customer convenience while reducing travel time,
fuel consumption and potential back-ups at toll plazas for the Thruway
Authority and other public authorities.

              

While the benefits of E-ZPass are numerous, it does provide
opportunities for abuse. Those who are not E-ZPass subscribers can
evade tolls by driving through lanes designated for that purpose.
This legislation takes a comprehensive approach to addressing the
problem of toll evasion by clarifying the existing theft of services
offense to make clear that it also includes avoidance of paying tolls
on any road, bridge or tunnel that requires them.

This bill would strengthen the ability of New York's four authorities
that operate toll facilities-the Thruway Authority, the Metropolitan
Transportation Authority, the Bridge Authority, and the Port
Authority-to effectively manage and enforce the collection of tolls
throughout the State. Toll violators cost the tolling authorities tens
of millions of dollars each year, and the current law is outdated and
ineffective in enforcing against persistent violators.  Some
persistent violators owe in excess of $100,000 in tolls and fees.

 LEGISLATIVE HISTORY :

2015-16: S2018/A3587 - Passed Senate/codes
2014: S7602 - Passed Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.