S T A T E O F N E W Y O R K
________________________________________________________________________
8030
I N S E N A T E
March 21, 2018
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer 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
S. 8030 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.