S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9060
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to rental  vehicle
   electronic tolling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 396-z of the general business  law
 is amended by adding a new paragraph (k) to read as follows:
   (K)  "ELECTRONIC TOLLING TRANSPONDER" MEANS A DEVICE CAPABLE OF TRANS-
 MITTING INFORMATION FROM A MOTOR VEHICLE TO A TOLL LANE FOR THE  PURPOSE
 OF  CHARGING  AN ACCOUNT THE APPROPRIATE TOLL OR CHARGE IN AN ELECTRONIC
 TOLL COLLECTION SYSTEM, AS DEFINED  BY  SUBDIVISION  TWELVE  OF  SECTION
 TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW.
   §  2.  Subdivision  1  of section 396-z of the general business law is
 amended by adding a new paragraph (d) to read as follows:
   (D) "ELECTRONIC TOLLING TRANSPONDER" MEANS A DEVICE CAPABLE OF  TRANS-
 MITTING  INFORMATION FROM A MOTOR VEHICLE TO A TOLL LANE FOR THE PURPOSE
 OF CHARGING AN ACCOUNT THE APPROPRIATE TOLL OR CHARGE IN  AN  ELECTRONIC
 TOLL  COLLECTION  SYSTEM,  AS  DEFINED  BY SUBDIVISION TWELVE OF SECTION
 TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW.
   § 3. Paragraph (d) of subdivision 7 of section 396-z  of  the  general
 business  law  is  relettered  paragraph  (e) and a new paragraph (d) is
 added to read as follows:
   (D) IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF THIS SECTION,  A  RENTAL
 VEHICLE  COMPANY  MAY REQUIRE A DEPOSIT OF UP TO ONE HUNDRED DOLLARS FOR
 PAYMENT OF TOLLS CHARGED TO THE ELECTRONIC  TOLLING  TRANSPONDER  REGIS-
 TERED  TO  SUCH  RENTAL VEHICLE COMPANY. THE RENTAL VEHICLE COMPANY MUST
 REFUND SUCH DEPOSIT MINUS ANY TOLL  PAYMENTS  NOT  MORE  THAN  TEN  DAYS
 FOLLOWING THE TERMINATION OF THE RENTAL AGREEMENT.
   §  4.  Subdivision  7 of section 396-z of the general business law, as
 amended by chapter 784 of the laws of 1988 and as renumbered by  chapter
 1 of the laws of 1994, is amended to read as follows:
   7. No rental vehicle company shall advertise, quote or charge a rental
 rate  that  does  not  include all charges, except taxes and any mileage
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14092-01-8

 A. 9060                             2
 
 charge, which an authorized driver must pay to obtain a rental  vehicle.
 IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF THIS SECTION, A RENTAL VEHICLE
 COMPANY  MAY  REQUIRE A DEPOSIT OF UP TO ONE HUNDRED DOLLARS FOR PAYMENT
 OF  TOLLS  CHARGED  TO  THE ELECTRONIC TOLLING TRANSPONDER REGISTERED TO
 SUCH RENTAL VEHICLE COMPANY. THE RENTAL VEHICLE COMPANY MUST REFUND SUCH
 DEPOSIT MINUS ANY TOLL PAYMENTS NOT MORE THAN  TEN  DAYS  FOLLOWING  THE
 TERMINATION OF THE RENTAL AGREEMENT.
   §  5. Section 396-z of the general business law is amended by adding a
 new subdivision 16 to read as follows:
   16. A RENTAL VEHICLE COMPANY SHALL NOT CHARGE A RENTER MORE  THAN  THE
 ACTUAL  COST  OF  PAYMENTS MADE FOR TOLLS AND/OR CHARGES PRESCRIBED BY A
 PUBLIC AUTHORITY FOR THE USE OF BRIDGES, TUNNELS, OR HIGHWAYS, NOR SHALL
 SUCH RENTAL VEHICLE COMPANY CHARGE A FEE  FOR  USAGE  OF  AN  ELECTRONIC
 TOLLING TRANSPONDER. A RENTAL VEHICLE COMPANY MAY COLLECT A DEPOSIT FROM
 THE  RENTER  FOR ACTUAL CHARGES INCURRED AS A RESULT OF THE RENTER'S USE
 OF AN ELECTRONIC TOLLING TRANSPONDER REGISTERED TO  THE  RENTAL  VEHICLE
 COMPANY.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to section 396-z of the general  business  law,  made  by
 sections  one  and three of this act, shall not affect the expiration of
 such section and shall be deemed expired therewith, when upon such  date
 the  provisions  of sections two and four of this act shall take effect;
 and provided, further that the amendment to section 396-z of the general
 business law, made by section five of this act, shall survive the  expi-
 ration and reversion of such section as provided in section 4 of chapter
 656 of the laws of 2002, as amended.