Bill Text: NY S07344 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the "toll payer protection act" to establish a New York toll payers' bill of rights; provides that any person, firm, corporation, or other entity who is charged with the payment of a cashless toll fee in the state of New York shall have the option to be notified by text message or electronic mail that such fee has been so charged, the entity to which such fee must be paid, and the date by when such fee must be paid; further provides for the establishment of a payment plan for the payment of a toll fee and any related penalties; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-15 - referred to corporations, authorities and commissions [S07344 Detail]
Download: New_York-2017-S07344-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7344--A IN SENATE January 8, 2018 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to enacting "the toll payer protection act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "the toll payer 2 protection act." 3 § 2. The general business law is amended by adding a new section 399- 4 zzzzz to read as follows: 5 § 399-zzzzz. Toll payer protection act. 1. Any person, firm, corpo- 6 ration, or other entity who is charged with the payment of a cashless 7 toll fee in the state of New York shall have the option to be notified 8 by text message or electronic mail that such fee has been so charged, 9 the entity to which such fee must be paid, and the date by when such fee 10 must be paid, no more than seventy-two hours following the time such fee 11 has been incurred, or no more than fourteen days if notified by mail. 12 The thruway authority shall create an online method by which any person 13 can register for text message alerts or electronic mail for a fee 14 notification. 15 2. Any person, firm, corporation, or other entity who is charged with 16 the payment of a toll fee in the state of New York shall be entitled to 17 dispute such fee and any related penalties incurred. The process for 18 such disputes shall be prominently posted on the New York state thruway 19 authority's website which shall include an option to initiate a toll 20 dispute online within one hundred twenty days after the effective date 21 of this section. 22 3. Any person, firm, corporation, or other entity who is charged with 23 the payment of a toll fee in the state of New York shall be entitled to 24 establish a payment plan for the payment of such fee and any related 25 penalties. The commissioner of motor vehicles shall promulgate rules EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14156-02-8S. 7344--A 2 1 and regulations for the establishment of such payment plan within one 2 hundred twenty days after the effective date of this section. 3 4. Any person, firm, corporation, or other entity who is charged with 4 the payment of a toll fee in the state of New York shall be entitled to 5 review records which directly prompted the issuance of such fee. Such 6 persons shall also be entitled to review records which prompted the 7 issuance of any late fees or charges. 8 5. Any toll fee that will be charged for the usage of any bridge, 9 tunnel, road, or any other entity shall be displayed conspicuously and 10 prominently on signage of a reasonable size in a manner reasonably 11 calculated to provide ample and adequate notice. In addition, any penal- 12 ties for non-payment or late payment of such fee shall be displayed in 13 the same manner. Signs alerting drivers to the availability of text 14 message and electronic mail notification of toll fees shall be displayed 15 in the same manner. 16 6. If the non-payment or late payment of a toll fee shall subject a 17 licenseholder's registration to suspension, the licenseholder shall be 18 entitled to notice by certified mail that such suspension may occur if 19 payment is not made thirty days before such suspension shall be effec- 20 tive. 21 7. No excessive fee shall be charged for non-payment or late payment 22 of a toll fee and if the aggregate amount of any such fees for non-pay- 23 ment or late payment of a toll fee charged to one vehicle registration 24 reaches one thousand dollars, the license holder shall be notified by 25 certified mail that such a fee has been reached. 26 8. No fees for late payment of a toll fee shall be assessed against a 27 vehicle registration if the bill for such toll fee was found to have not 28 been sent to the holder of such registration postmarked more than thir- 29 ty-one days after such toll fee has been incurred. 30 9. EZPass holders shall be charged the EZPass rate in the event the 31 EZPass holder crosses a toll when their EZPass account has insufficient 32 funds. 33 10. Any bill sent for any toll fee incurred shall itemize the date, 34 time, location, license plate number, and vehicle registration number 35 for which said toll fee was incurred. 36 11. All rest stops along the New York state thruway shall be required 37 to make EZPass available for purchase. 38 § 3. This act shall take effect on the one hundred twentieth day after 39 it shall have become a law.
