Relates to theft of services for the use of a highway, parkway, bridge or tunnel.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Perkins
Excused (4): Espaillat, Hassell-Thomps, Kennedy, Smith
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.
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 Toll violators cost the tolling authorities tens of millions of dollars each year, and the current law is outdated and ineffective in enforcing against persistent violators.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: New bill.
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.
STATE OF NEW YORK ________________________________________________________________________ 7602 IN SENATE May 15, 2014 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to theft of services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts to obtain such service OR USE or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15274-01-4