STATE OF NEW YORK ________________________________________________________________________ 5214--A 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. BURGOS, RIVERA -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to enacting the "toll payer protection act"; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "toll payer protection act". 3 § 2. Subdivisions 3, 4 and 5 of section 2985 of the public authorities 4 law, as added by chapter 379 of the laws of 1992, are amended and a new 5 subdivision 4-a is added to read as follows: 6 3. For purposes of this section, the [term] following terms shall have 7 the following meanings: 8 (a) "owner" shall mean any person, corporation, partnership, firm, 9 agency, association, lessor or organization who, [at the time of the 10 violation and] with respect to the vehicle identified in the notice of 11 liability: [(a)] (i) is the beneficial or equitable owner of such vehi- 12 cle; or [(b)] (ii) has title to such vehicle; or [(c)] (iii) is the 13 registrant or co-registrant of such vehicle which is registered with the 14 department of motor vehicles of this state or any other state, territo- 15 ry, district, province, nation or other jurisdiction; or [(d)] (iv) 16 subject to the limitations set forth in subdivision [ten] nine of this 17 section, uses such vehicle in its vehicle renting and/or leasing busi- 18 ness; and (v) includes [(e)] a person entitled to the use and possession 19 of a vehicle subject to a security interest in another person. [For 20 purposes of this section, the term] 21 (b) "photo-monitoring system" shall mean a vehicle sensor installed to 22 work in conjunction with a toll collection facility which automatically EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02773-05-3
A. 5214--A 2 1 produces one or more photographs, one or more microphotographs, a vide- 2 otape or other recorded images of each vehicle [at the time it is used 3 or operated in violation of toll collection regulations]. [For purposes 4 of this section, the term] 5 (c) "toll collection regulations" shall mean: those rules and regu- 6 lations of a public authority providing for and requiring the payment of 7 tolls and/or charges prescribed by such public authority for the use of 8 bridges, tunnels or highways under its jurisdiction or those rules and 9 regulations of a public authority making it unlawful to refuse to pay or 10 to evade or to attempt to evade the payment of all or part of any toll 11 and/or charge for the use of bridges, tunnels or highways under the 12 jurisdiction of such public authority. [For purposes of this section, 13 the term] 14 (d) "vehicle" shall mean every device in, upon or by which a person or 15 property is or may be transported or drawn upon a highway, except 16 devices used exclusively upon stationary rails or tracks. 17 (e) "violation" shall mean the failure of an owner to pay an assessed 18 toll associated with the third notice of liability pursuant to subdivi- 19 sion five of this section. 20 4. A certificate, sworn to or affirmed by an agent of the public 21 authority which charged that [the violation occurred] a liability for an 22 obligation to pay a toll has incurred, or a facsimile thereof, based 23 upon inspection of photographs, microphotographs, videotape or other 24 recorded images produced by a photo-monitoring system shall be prima 25 facie evidence of the facts contained therein and shall be admissible in 26 any proceeding charging a [violation of toll collection regulations] 27 liability for a toll, provided that any photographs, microphotographs, 28 videotape or other recorded images evidencing such [a violation] liabil- 29 ity for a toll shall be available for inspection and admission into 30 evidence in any proceeding to adjudicate the liability for such 31 [violation] toll. 32 4-a. In adopting procedures for the preparation and mailing of a 33 notice of liability pursuant to subdivision five of this section, the 34 public authority having jurisdiction over the toll facility shall adopt 35 guidelines to ensure adequate and timely notice to all electronic toll 36 collection system account holders to inform them when their accounts are 37 delinquent. 38 5. (a) The public authority shall, within thirty days of an owner 39 incurring an obligation to pay a toll, send a first notice of liability 40 by first-class mail to such owner. Such first notice of liability shall 41 include: (i) the date, time, location, license plate number and vehicle 42 registration for each toll incurred; (ii) the identification number of 43 the photo-monitoring system which recorded the imposition of the toll or 44 other document locator number; (iii) the total amount of the toll due; 45 (iv) the date by which the toll must be paid; (v) the address for 46 receipt of payment and methods of payment for the toll; (vi) the 47 procedure for contesting any toll; (vii) information related to the 48 failure to timely pay or respond to the notice of liability; (viii) the 49 time-stamped photographs or footage of each toll incurred; and (ix) any 50 other information required by law or by the authority. The owner shall 51 have thirty days from the date such first notice of liability was sent 52 to pay the assessed toll or appeal such liability. 53 (b) If an owner fails to pay the assessed toll associated with the 54 first notice of liability within thirty days of incurring an obligation 55 to pay a toll, the public authority shall send a second notice of 56 liability by first-class mail within thirty days of the date the owner
A. 5214--A 3 1 was required to respond to such first notice of liability. Such second 2 notice of liability may include a penalty for late payment, which shall 3 not exceed five dollars and shall include all of the information 4 required pursuant to paragraph (a) of this subdivision. The owner shall 5 have thirty days from the date such second notice of liability was sent 6 to pay the assessed toll and penalties, or appeal such liability. 7 (c) If an owner fails to pay the assessed toll associated with the 8 second notice of liability within thirty days of the mailing of such 9 second notice of liability established in paragraph (b) of this subdivi- 10 sion, the public authority shall send by first-class mail a third notice 11 of liability within thirty days of the date the owner was required to 12 respond to such second notice of liability. The third notice of liabil- 13 ity may include a penalty which shall be twenty-five dollars or two 14 times the toll evaded, whichever is greater and shall include all of the 15 information required pursuant to paragraph (a) of this subdivision. The 16 owner shall have thirty days from the date such third notice of liabil- 17 ity was sent to pay the assessed toll and penalties, or appeal such 18 liability. 19 (d) If the public authority fails to send any notice of liability 20 within the timeframes set forth in this subdivision, the owner shall not 21 be liable for payment of the tolls, or any penalty established or asso- 22 ciated with such notice of liability. 23 (e) Any first notice of liability required by paragraph (a) of this 24 subdivision to be sent by first-class mail may instead be sent by elec- 25 tronic means of communication upon the affirmative consent of the owner 26 in a form prescribed by the authority. Any affirmative consent to 27 receive a first notice of liability by electronic means shall be revoca- 28 ble by the owner at any time with notice to the public authority and 29 shall automatically be deemed revoked if the authority is unable to 30 deliver two consecutive notices by electronic means of communication. 31 Any such affirmative consent shall be a separate consent and separate 32 signature. 33 5-a. An owner found liable for a violation [of toll collection regu- 34 lations pursuant to this section], as defined in subdivision three of 35 this section, shall for a first violation thereof be liable for a mone- 36 tary penalty [not to exceed fifty dollars or two times the toll evaded 37 whichever is greater] in accordance with subdivision five of this 38 section; for a second violation thereof both within eighteen months be 39 liable for a monetary penalty not to exceed [one hundred] fifty dollars 40 or five times the toll evaded whichever is greater; for a third or 41 subsequent violation thereof all within eighteen months be liable for a 42 monetary penalty not to exceed one hundred [fifty] dollars or ten times 43 the toll evaded whichever is greater. 44 § 3. Subdivisions 7, 8, 9, 10 and 11 of section 2985 of the public 45 authorities law are REPEALED and four new subdivisions 7, 8, 9 and 10 46 are added to read as follows: 47 7. Every public authority that operates a cashless tolling facility, 48 tolls by mail program, or any photo-monitoring system shall promulgate 49 rules and regulations establishing a procedure by which a person alleged 50 to be liable for the payment of a toll or a violation may appeal such 51 alleged liability or violation. Such rules and regulations shall ensure 52 such public authority completes its investigation and issues, within 53 thirty days, to the owner a final written determination of any appeal 54 pursuant to this section. Such written determination shall include the 55 relevant facts established, the reasons for the determination, what
A. 5214--A 4 1 actions must be taken by the owner in association with the determi- 2 nation, and what further procedures are available to the owner. 3 8. Adjudication of an owner's liability shall be by the entity having 4 jurisdiction over the cashless tolling facility or, where authorized, by 5 an administrative tribunal and all such liability determinations shall 6 be heard and determined either: (a) in the county in which the obli- 7 gation to pay a toll through the cashless tolling program was alleged to 8 occur; or (b) where the toll is alleged to have been incurred in the 9 city of New York and upon the consent of both parties, in any county 10 within the city of New York in which the public authority operates or 11 maintains a cashless tolling facility. Such adjudications shall be heard 12 and determined in the same manner as charges of other regulatory 13 violations of such public authority or pursuant to the rules and regu- 14 lations of such administrative tribunal as the case may be. 15 9. It shall be a valid defense to an allegation of liability for a 16 toll and/or violation that: 17 (a) the vehicle was not used or operated in incurring a toll pursuant 18 to this section or the regulations promulgated hereunder; 19 (b) the vehicle was used or operated without the permission of the 20 owner, express or implied; 21 (c) the recipient of a notice of liability, pursuant to subdivision 22 five of this section, was not the owner of the vehicle at the time the 23 obligation to pay the toll occurred; 24 (d) the vehicle had been stolen prior to the time the obligation was 25 incurred and was not in the possession of the owner at the time the 26 obligation was incurred. For the purposes of asserting this defense, it 27 shall be sufficient that a certified copy of the police report on the 28 stolen vehicle is submitted to the public authority, court or other 29 entity having jurisdiction; and 30 (e) the vehicle had been leased at the time the obligation was 31 incurred. For the purpose of asserting this defense, it shall be suffi- 32 cient that a copy of the rental lease or other contract document cover- 33 ing the vehicle on the date and time the toll was incurred has been 34 submitted to the public authority, court or other entity having juris- 35 diction within sixty days of the lessor receiving the first notice of 36 liability pursuant to subdivision five of this section. Such document 37 shall include the name and address of the lessee. Failure to timely 38 submit such information shall constitute a waiver of this defense. Where 39 the lessor complies with the provisions of this section, the lessee 40 shall be deemed to be the owner of the vehicle for purposes of this 41 section and shall be subject to liability pursuant to this section, 42 provided that the authority mails a toll bill to the lessee within ten 43 days after the public authority, court or other entity having jurisdic- 44 tion, deems the lessee to be the owner. 45 10. If the owner liable for a toll or violation pursuant to this 46 section was not the operator of the vehicle at the time the toll was 47 incurred, such owner may maintain an action for indemnification against 48 the operator. 49 § 4. Subdivision 12 of section 2985 of the public authorities law is 50 REPEALED and subdivisions 13 and 14 are renumbered subdivisions 11 and 51 12. 52 § 5. Subdivision 12 of section 2985 of the public authorities law, as 53 added by chapter 379 of the laws of 1992 and as renumbered by section 54 three of this act, is amended to read as follows: 55 12. Notwithstanding any other provision of law, all photographs, 56 microphotographs, videotape or other recorded images prepared pursuant
A. 5214--A 5 1 to this section shall be for the exclusive use of a public authority in 2 the discharge of its duties under this section and shall not be open to 3 the public nor be used in any court in any action or proceeding pending 4 therein unless such action or proceeding relates to the imposition of or 5 indemnification for liability pursuant to this section. The public 6 authority, including any subsidiary or contractor involved in implement- 7 ing or operating any cashless tolling facility, photo-monitoring system, 8 electronic toll collection system or toll by mail program, shall not 9 sell, distribute or make available in any way, the names and addresses 10 of electronic toll collection system account holders, or any owner that 11 participates in, or is subject to, such systems or programs, without 12 such account holders' or owners' consent to any entity that will use 13 such information for any commercial purpose provided that the foregoing 14 restriction shall not be deemed to preclude the exchange of such infor- 15 mation between any entities with jurisdiction over [and] such system or 16 programs or [operating] the operation of a toll highway bridge and/or 17 tunnel facility. 18 § 6. Section 2985 of the public authorities law is amended by adding 19 three new subdivisions 13, 14 and 15 to read as follows: 20 13. (a) On or after the effective date of this subdivision, no public 21 authority which operates a cashless tolling facility, photo-monitoring 22 system, electronic toll collection system or tolls by mail program shall 23 sell or transfer any debt owed to the public authority by an owner for 24 incurring a toll to a debt collection agency unless one year has passed 25 from the date the public authority sent the first notice of liability, 26 pursuant to subdivision five of this section, to the owner or the owner 27 has a total debt owed to the public authority of one thousand dollars or 28 more. The public authority shall not sell or transfer any debt to a debt 29 collection agency unless such public authority has first obtained a 30 default judgment in a court or administrative tribunal with jurisdiction 31 over the assessed toll. 32 (b) A notice shall be sent by first-class mail advising the owner that 33 the debt described in paragraph (a) of this subdivision shall be sold or 34 transferred by the authority to a debt collection agency on a specified 35 date no less than thirty days prior to such sale or transfer. 36 14. Every public authority that operates any cashless tolling facili- 37 ty, photo-monitoring system, electronic toll collection system or tolls 38 by mail program shall promulgate rules and regulations that establish 39 the ability for owners to enter into installment payment plans for the 40 payment of any toll and/or penalty incurred as part of any cashless 41 tolling facility, photo-monitoring system, electronic toll collection 42 system or tolls by mail program. Information related to such plan shall 43 be included in any notice of liability pursuant to subdivision five of 44 this section and shall be displayed conspicuously on the authority's 45 websites. Each owner, at his or her election, may participate in such 46 plan. The public authority shall not charge any additional fees or 47 penalties for enrollment in a payment plan. 48 15. Every public authority that operates or maintains any cashless 49 tolling facility, photo-monitoring system, electronic toll collection 50 system or tolls by mail program shall submit an annual report on such 51 system or program to the governor, the temporary president of the senate 52 and the speaker of the assembly and post such report on its website on 53 or before January second each year. Such report shall include, but not 54 be limited to, the following information relating to the immediately 55 preceding calendar year:
A. 5214--A 6 1 (a) the locations where vehicle sensors for photo-monitoring systems 2 were used; 3 (b) the aggregate number of tolls paid at the locations where cashless 4 tolling facilities were used, including both through the use of an elec- 5 tronic toll collection system and through the tolls by mail program; 6 (c) the number of owners that paid their toll through the tolls by 7 mail program; 8 (d) the number of owners that paid their toll upon receipt of the 9 first notice of liability pursuant to subdivision five of this section, 10 the number of owners that paid their toll upon receipt of the second 11 notice of liability pursuant to subdivision five of this section, the 12 number of owners that paid their toll upon receipt of the third notice 13 of liability pursuant to subdivision five of this section, and the 14 number of owners whose notices were returned to the public authority as 15 undeliverable; 16 (e) the number of owners that were charged fees or penalties pursuant 17 to this section, and the aggregate amount of fees or penalties, includ- 18 ing fees or penalties for late payments, and fees or penalties collected 19 by the authority broken down by the category of such fees or penalties; 20 (f) the number of owners that disputed a notice pursuant to this 21 section, including a breakdown of the number of owners that successfully 22 disputed such notice and an itemized breakdown of the reasons for 23 successfully disputed tolls; 24 (g) a copy of all rules and regulations the public authority has 25 promulgated pursuant to this section; 26 (h) the number of tolls adjudicated by every public authority and 27 court, including any appeal of such adjudications, and the results of 28 all adjudications including breakdowns of dispositions made for tolls 29 recorded by such systems; 30 (i) the total amount of revenue realized by such public authority from 31 such adjudications; and 32 (j) expenses incurred by such public authority in connection with any 33 cashless tolling facility, cashless tolling monitoring system, electron- 34 ic toll collection system or tolls by mail program implemented or oper- 35 ated by the public authority. 36 § 7. This act shall take effect immediately.