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Senate Bill S4141

2013-2014 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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2013-S4141 (ACTIVE) - Details

See Assembly Version of this Bill:
A4444
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Desig §2985 to be Art 9 Title 11-A, add Title Head, Art 9 Title 11-A §§2985-a & 2985-b, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2009-2010: S505, A2292
2011-2012: S4812, A5779
2015-2016: S2850, A6163

2013-S4141 (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.

2013-S4141 (ACTIVE) - Sponsor Memo

2013-S4141 (ACTIVE) - Bill Text download pdf 

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

                                  4141

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

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  11-A  of  article  9  and a new title heading is added to read as
follows:
                        ELECTRONIC TOLL COLLECTION
  S 2. Title 11-A of article 9 of the public authorities law is  amended
by adding two new sections 2985-a and 2985-b to read as follows:
  S  2985-A.  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  2985-B.    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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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