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Senate Bill S505

2009-2010 Legislative Session

Relates to disputes arising from use of an electronic toll collection system

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S505 (ACTIVE) - Details

See Assembly Version of this Bill:
A2292
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Desig §2985 to be Art 9 Title 12, add Title Head, Art 9 Title 12 §§2986 & 2987, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4812, A5779
2013-2014: S4141, A4444
2015-2016: S2850, A6163

2009-S505 (ACTIVE) - Summary

Provides that claims arising from use of an electronic toll collection system may be filed in the appropriate court in the county in which the claimant resides; requires any contract or agreement between a consumer and a public authority which provides for use of a system or device facilitating electronic toll collection to clearly state the name, address and telephone number of the legal entity with which the consumer is contracting for service; to clearly state, in a separate section, how and where a consumer may challenge any changes made on his or her account; and to include specific contact information relating to settling disputes relating to charges as well as identifying the court in which a claim may be brought, the statute of limitations for such claim and any steps which a claimant may be required to take before making a claim.

2009-S505 (ACTIVE) - Sponsor Memo

2009-S505 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   505

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the  public  authorities  law,  in  relation  to  claims
  against  certain  entities  based  upon  use  of  an  electronic  toll
  collection system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2985 of the public authorities law is designated as
title  12  of  article  9  and  a  new title heading is added to read as
follows:
                        ELECTRONIC TOLL COLLECTION
  S 2. Title 12 of article 9 of the public authorities law is amended by
adding two new sections 2986 and 2987 to read as follows:
  S 2986. ELECTRONIC TOLL COLLECTION DISPUTES.  ANY DISPUTE RELATING  TO
CHARGES  IMPOSED  BY  AN  ELECTRONIC  TOLL  COLLECTION SYSTEM MADE BY AN
ACCOUNT HOLDER MAY BE BROUGHT IN THE COUNTY COURT IN THE COUNTY IN WHICH
SUCH ACCOUNT HOLDER RESIDES, OR IN THE CIVIL COURT OF THE  CITY  OF  NEW
YORK  IF  THE  ACCOUNT  HOLDER  RESIDES  WITHIN ITS JURISDICTION OR IN A
DISTRICT COURT HAVING JURISDICTION OVER SUCH ACCOUNT HOLDER.
  S 2987. CONTRACTS FOR USE OF ELECTRONIC TOLL COLLECTION. ANY  CONTRACT
OR  AGREEMENT  BETWEEN  A CONSUMER AND A PUBLIC AUTHORITY WHICH PROVIDES
FOR USE OF A SYSTEM OR DEVICE FACILITATING  ELECTRONIC  TOLL  COLLECTION
SHALL  CLEARLY STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LEGAL
ENTITY WITH WHICH THE CONSUMER IS  CONTRACTING  FOR  SERVICE.  ANY  SUCH
CONTRACT  OR  AGREEMENT SHALL ALSO CLEARLY STATE, IN A SEPARATE SECTION,
HOW AND WHERE A CONSUMER MAY CHALLENGE ANY CHANGES MADE ON  HIS  OR  HER
ACCOUNT. SUCH NOTICE SHALL INCLUDE SPECIFIC CONTACT INFORMATION RELATING
TO  SETTLING  DISPUTES  RELATING  TO  CHARGES AS WELL AS IDENTIFYING THE
COURT IN WHICH A CLAIM MAY BE BROUGHT, THE STATUTE  OF  LIMITATIONS  FOR
SUCH CLAIM AND ANY STEPS WHICH A CLAIMANT MAY BE REQUIRED TO TAKE BEFORE
MAKING A CLAIM.
  S 3. This act shall take effect immediately.

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