hb 0547

CHAPTER 247

HB 547-FN - FINAL VERSION

AN ACT authorizing participation in a regional electronic toll collection system.

SPONSORS: Rep. E. Smith, Ches 6; Rep. Alukonis, Hills 23; Rep. C. Bouchard, Merr 22; Rep. Rogers Johnson, Rock 25; Rep. Cloutier, Sull 8; Sen. Eaton, Dist 10; Sen. Gordon, Dist 2; Sen. D'Allesandro, Dist 20; Sen. Roberge, Dist 9

This bill authorizes participation in a regional electronic toll collection system with the Interagency Group.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT authorizing participation in a regional electronic toll collection system.

Be it Enacted by the Senate and House of Representatives in General Court convened:

247:1 New Subdivision; Regional Electronic Toll Collection Authorized. Amend RSA 237 by inserting after section 16 the following new subdivision:

III. "Electronic toll collection system" means a system for electronically transmitting information from a device on a vehicle to receiving equipment in a toll collection facility, which information is used to charge a valid account holder the appropriate toll or charge for use of the turnpike system.

IV. "E-Z Pass" means a regional system of electronic toll collection operated by the members of the E-Z Pass Interagency Group, or when the context requires, means the registered service mark "E-Z Pass."

V. "Interagency group" means the agencies of this or any other state that have mutually agreed to operate the E-Z Pass regional electronic toll collection system by use of similar practices, procedures, and toll collection equipment.

VI. "Vehicle" means every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

237:16-b Regional Electronic Toll Collection Authorized. The commissioner is hereby authorized to execute all documents and perform all other acts necessary to enter into and carry out the provisions of a regional electronic toll collection system agreement with the Interagency Group in order to increase the efficiency of turnpike operation and to improve traffic management in the state and region.

I. The commissioner shall represent the state as a member of the Interagency Group and shall participate in the determination of practices, policies, procedures, and in the selection of equipment and contractors used to provide consistent toll collections throughout the region in accordance with the terms of the Interagency Agreement for Operations, as the same may be amended from time to time.

II. Notwithstanding the variations in physical and operating characteristics of member agencies' toll collection equipment, it shall be the power and duty of the Interagency Group to assure that similar operating parameters and procedures are established to provide for consistent, safe E-Z Pass operation throughout the region.

III. This agreement shall be construed liberally to accomplish its purposes, but in the event a dispute arises, it shall be resolved in accordance with a provision establishing a procedure for the arbitration and resolution of disputes contained in the agreement.

237:16-d Rulemaking. The commissioner may adopt such rules as are necessary to enforce the terms of this agreement, which shall be exempt from the provisions of RSA 541-A and shall have the effect of law, and which shall provide for each of the member states or agencies to collect tolls and perform audits on behalf of the other member states or agencies. Nothing in this section shall be construed to authorize the adoption of rules which alter any existing or establish any new tolls, fees, penalties, or interest charges; provided, however, that the rules may include tolls, fees, penalties, or interest charges which are otherwise provided for by the laws of this state.

237:16-e Confidentiality of Records. Notwithstanding any other provision of law, all information received by the department that could serve to identify vehicles, vehicle owners, or vehicle occupants shall be for the exclusive use of the department for the sole purpose of discharging its duties under this section, and shall not be open to any other organization or person, nor be used in any court in any action or proceeding, unless the action or proceeding relates to the imposition of or indemnification for liability pursuant to this section. If the department makes such information available to another organization or person in the course of discharging its duties under this section, it shall be on the condition that the organization or person receiving such information is subject to the limitations set forth in this section.

237:16-f Immunity. Nothing in this subdivision shall be construed to constitute a waiver of the sovereign immunity of the state, or any other defense, right, immunity, or other protection under law, including any statutory provision, as a result of participation in this agreement.

247:2 Toll Criteria; Regional Electronic Toll Collection System. Amend RSA 237:11, V to read as follows:

V. In establishing tolls or charges pursuant to RSA 237:9, 24 or 40, the governor and council shall [~~continue to~~] discount or reduce the established tolls on any of the turnpikes in the system [~~and shall extend a discount to all classes of motor vehicles as defined in RSA 259:60~~] for those motor vehicles that participate in the regional electronic toll collection system.

247:3 Exemption from Tolls; Electronic Toll Collection Equipment. Amend RSA 237:12, II to read as follows:

II. The commissioner of the department of safety may request [~~tokens~~] electronic toll collection equipment from the department of transportation for unmarked vehicles of the New Hampshire state police and undercover vehicles of the department of justice not displaying permanent plates. Accounting procedures for such [~~tokens~~] electronic toll collection equipment shall be established by the commissioner of the department of transportation.

247:4 New Subparagraph; Administrative Procedure Act Exceptions; Regional Electronic Toll Collection Rules. Amend RSA 541-A:21, I by inserting after subparagraph (x) the following new subparagraph:

(y) RSA 237:16-d, relative to the E-Z Pass Interagency Agreement for Operations.