NY State Senate Bill S7344A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2018	referred to corporations, authorities and commissions delivered to assembly passed senate
Mar 13, 2018	advanced to third reading
Mar 12, 2018	2nd report cal.
Mar 06, 2018	1st report cal.601
Jan 29, 2018	print number 7344a
Jan 29, 2018	amend and recommit to consumer protection
Jan 08, 2018	referred to consumer protection

Votes

view votes

Mar 15, 2018 - floor Vote

S7344A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 6, 2018 - Consumer Protection committee Vote

S7344A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S7344 - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: General Business Law
Laws Affected:: Add §399-zzzzz, Gen Bus L

S7344 - Summary

Enacts the "toll payer protection act" to establish a New York toll payers' bill of rights; provides that any person, firm, corporation, or other entity who is charged with the payment of a cashless toll fee in the state of New York shall have the option to be notified by text message or electronic mail that such fee has been so charged, the entity to which such fee must be paid, and the date by when such fee must be paid; further provides for the establishment of a payment plan for the payment of a toll fee and any related penalties; makes related provisions.

S7344 - Sponsor Memo

 
BILL NUMBER: S7344

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting "the
toll payer protection act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would enact a Toll Payers' Bill of Rights, which expands driv-
ers' options for the receipt of toll fee notifications, increases trans-
parency and access to records, sets deadlines for fee notification and
allows drivers to set up fee payment plans.

 
SUMMARY OF PROVISIONS:

Section 1: Section 26 of the general business law is amended by adding a
new article 399-ZZZZZ, which enacts the Toll Payers' Bill of Rights.

Section 2: Effective date.

 
JUSTIFICATION:

Over the last few years, New York State has moved toward a system of
cashless tolling. Such a system has many benefits, including decreased
traffic congestion and increased efficiency. But this emerging system is
not without serious flaws.

The system has caused confusion among many drivers. Toll fees are sent
by mail to drivers without E-ZPass and can take several weeks to arrive,
if drivers receive them at all. All too often drivers who do not receive
their toll fees end up accruing significant late fees and fines.
Instances of inconsistent or unexplained fees have also occurred. In the
experience of many of New York's drivers, cashless tolling remains a
system behind the times.

A Toll Payers' Bill of Rights would alleviate confusion and lessen
unnecessary and excessive late fees. It would require fee notices be
sent out within thirty days or within fourteen days if delivered elec-
tronically. Consumers would have the option of signing up for text
message or electronic fee notification. By allowing for electronic
notification and billing, the state would save money and ensure that
more tolls are paid, and paid on time. Additionally, the bill would
create more transparency by allowing consumers the right to access
records regarding the fees they have accrued.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

none

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law.

S7344 - Bill Text download pdf


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

                                  7344

                            I N  S E N A T E

                             January 8, 2018
                               ___________

Introduced  by Sen. CARLUCCI -- 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  enacting  "the
  toll payer protection act"

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

  Section 1. This act shall be known and may be cited as "the toll payer
protection act."
  § 2. The general business law is amended by adding a new section  399-
zzzzz to read as follows:
  §  399-ZZZZZ.  TOLL  PAYER PROTECTION ACT. 1. ANY PERSON, FIRM, CORPO-
RATION, OR OTHER ENTITY WHO IS CHARGED WITH THE PAYMENT  OF  A  CASHLESS
TOLL  FEE  IN THE STATE OF NEW YORK SHALL HAVE THE OPTION TO BE NOTIFIED
BY TEXT MESSAGE OR ELECTRONIC MAIL THAT SUCH FEE HAS  BEEN  SO  CHARGED,
THE ENTITY TO WHICH SUCH FEE MUST BE PAID, AND THE DATE BY WHEN SUCH FEE
MUST BE PAID, NO MORE THAN FOURTEEN DAYS FOLLOWING THE TIME SUCH FEE HAS
BEEN  INCURRED,  OR  NO  MORE  THAN THIRTY DAYS IF NOTIFIED BY MAIL. THE
THRUWAY AUTHORITY SHALL CREATE AN ONLINE METHOD BY WHICH ANY PERSON  CAN
REGISTER  FOR TEXT MESSAGE ALERTS OR ELECTRONIC MAIL FOR A FEE NOTIFICA-
TION AS WELL AN ELECTRONIC PAYMENT OPTION.
  2. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED  WITH
THE  PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED TO
DISPUTE SUCH FEE AND ANY RELATED PENALTIES INCURRED. THE COMMISSIONER OF
MOTOR VEHICLES SHALL PROMULGATE RULES AND REGULATIONS  FOR  THE  ADJUDI-
CATION  OF SUCH DISPUTES WITHIN ONE HUNDRED TWENTY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SECTION.
  3. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED  WITH
THE  PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED TO
ESTABLISH A PAYMENT PLAN FOR THE PAYMENT OF SUCH  FEE  AND  ANY  RELATED
PENALTIES.    THE  COMMISSIONER OF MOTOR VEHICLES SHALL PROMULGATE RULES
AND REGULATIONS FOR THE ESTABLISHMENT OF SUCH PAYMENT  PLAN  WITHIN  ONE
HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  4.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED WITH
THE PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14156-01-8

S. 7344                             2

REVIEW  RECORDS  WHICH  DIRECTLY PROMPTED THE ISSUANCE OF SUCH FEE. SUCH
PERSONS SHALL ALSO BE ENTITLED TO  REVIEW  RECORDS  WHICH  PROMPTED  THE
ISSUANCE OF ANY LATE FEES OR CHARGES.
  5.  ANY  TOLL  FEE  THAT  WILL BE CHARGED FOR THE USAGE OF ANY BRIDGE,
TUNNEL, ROAD, OR ANY OTHER ENTITY SHALL BE DISPLAYED  CONSPICUOUSLY  AND
PROMINENTLY  ON  SIGNAGE  OF  A  REASONABLE  SIZE IN A MANNER REASONABLY
CALCULATED TO PROVIDE AMPLE AND ADEQUATE NOTICE. IN ADDITION, ANY PENAL-
TIES FOR NON-PAYMENT OR LATE PAYMENT OF SUCH FEE SHALL BE  DISPLAYED  IN
THE SAME MANNER.
  6.  IF  THE  NON-PAYMENT OR LATE PAYMENT OF A TOLL FEE SHALL SUBJECT A
LICENSEHOLDER'S DRIVERS LICENSE TO SUSPENSION, THE  LICENSEHOLDER  SHALL
BE  ENTITLED  TO NOTICE BY CERTIFIED MAIL THAT SUCH SUSPENSION MAY OCCUR
IF PAYMENT IS NOT MADE THIRTY  DAYS  BEFORE  SUCH  SUSPENSION  SHALL  BE
EFFECTIVE.
  7.  NO  EXCESSIVE FEE SHALL BE CHARGED FOR NON-PAYMENT OR LATE PAYMENT
OF A TOLL FEE AND IF THE AGGREGATE AMOUNT OF ANY SUCH FEES FOR  NON-PAY-
MENT  OR  LATE PAYMENT OF A TOLL FEE CHARGED TO ONE VEHICLE REGISTRATION
REACHES ONE THOUSAND DOLLARS, THE LICENSE HOLDER SHALL  BE  NOTIFIED  BY
CERTIFIED MAIL THAT SUCH A FEE HAS BEEN REACHED.
  8.  NO FEES FOR LATE PAYMENT OF A TOLL FEE SHALL BE ASSESSED AGAINST A
VEHICLE REGISTRATION IF THE BILL FOR SUCH TOLL FEE WAS FOUND TO HAVE NOT
BEEN SENT TO THE HOLDER OF SUCH REGISTRATION BY  CERTIFIED  MAIL  OR  TO
HAVE  BEEN  POSTMARKED MORE THAN THIRTY-ONE DAYS AFTER SUCH TOLL FEE HAS
BEEN INCURRED.
  9. EZPASS HOLDERS SHALL BE CHARGED THE EZPASS RATE IN  THE  EVENT  THE
EZPASS  HOLDER CROSSES A TOLL WHEN THEIR EZPASS ACCOUNT HAS INSUFFICIENT
FUNDS.
  10. ANY BILL SENT FOR ANY TOLL FEE INCURRED SHALL  ITEMIZE  THE  DATE,
TIME,  LOCATION,  LICENSE  PLATE NUMBER, AND VEHICLE REGISTRATION NUMBER
FOR WHICH SAID TOLL FEE WAS INCURRED.
  § 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

S7344A (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: General Business Law
Laws Affected:: Add §399-zzzzz, Gen Bus L

S7344A (ACTIVE) - Summary

S7344A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7344A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the general business law, in relation
to enacting "the toll payer protection act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would enact a Toll Payers' Bill of Rights, which expands driv-
ers' options for the receipt of toll fee notifications, increases trans-
parency and access to records, sets deadlines for fee notification and
allows drivers to set up fee payment plans.

 
SUMMARY OF PROVISIONS:

Section 1: Section 26 of the general business law is amended by adding a
new article 399-ZZZZZ, which enacts the Toll Payers' Bill of Rights.

Section 2: Effective date.

JUSTIFICATION:

Over the last few years, New York State has moved toward a system of
cashless tolling. Such a system has many benefits, including decreased
traffic congestion and increased efficiency. But this emerging system is
not without serious flaws.

The system has caused confusion among many drivers. Toll fees are sent
by mail to drivers without E-Z Pass and can take several weeks to
arrive, if drivers receive them at all. All too often drivers who do not
receive their toll fees end up accruing significant late fees and fines.
Instances of inconsistent or unexplained fees have also occurred. In the
experience of many of New York's drivers, cashless tolling remains a
system behind the times.

A Toll Payers' Bill of Rights would alleviate confusion and lessen
unnecessary and excessive late fees. It would require fee notices be
sent out within thirty days or within fourteen days if delivered elec-
tronically. Consumers would have the option of signing up for text
message or electronic fee notification. By allowing for electronic
notification and billing, the state would save money and ensure that
more tolls are paid, and paid on time. Additionally, the bill would
create more transparency by allowing consumers the right to access
records regarding the fees they have accrued.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law.

S7344A (ACTIVE) - Bill Text download pdf


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

                                 7344--A

                            I N  S E N A T E

                             January 8, 2018
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to  enacting  "the
  toll payer protection act"

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

  Section 1. This act shall be known and may be cited as "the toll payer
protection act."
  § 2. The general business law is amended by adding a new section  399-
zzzzz to read as follows:
  §  399-ZZZZZ.  TOLL  PAYER PROTECTION ACT. 1. ANY PERSON, FIRM, CORPO-
RATION, OR OTHER ENTITY WHO IS CHARGED WITH THE PAYMENT  OF  A  CASHLESS
TOLL  FEE  IN THE STATE OF NEW YORK SHALL HAVE THE OPTION TO BE NOTIFIED
BY TEXT MESSAGE OR ELECTRONIC MAIL THAT SUCH FEE HAS  BEEN  SO  CHARGED,
THE ENTITY TO WHICH SUCH FEE MUST BE PAID, AND THE DATE BY WHEN SUCH FEE
MUST BE PAID, NO MORE THAN SEVENTY-TWO HOURS FOLLOWING THE TIME SUCH FEE
HAS  BEEN  INCURRED,  OR NO MORE THAN FOURTEEN DAYS IF NOTIFIED BY MAIL.
THE THRUWAY AUTHORITY SHALL CREATE AN ONLINE METHOD BY WHICH ANY  PERSON
CAN  REGISTER  FOR  TEXT  MESSAGE  ALERTS  OR  ELECTRONIC MAIL FOR A FEE
NOTIFICATION.
  2. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED  WITH
THE  PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED TO
DISPUTE SUCH FEE AND ANY RELATED PENALTIES INCURRED.   THE  PROCESS  FOR
SUCH  DISPUTES SHALL BE PROMINENTLY POSTED ON THE NEW YORK STATE THRUWAY
AUTHORITY'S WEBSITE WHICH SHALL INCLUDE AN OPTION  TO  INITIATE  A  TOLL
DISPUTE  ONLINE  WITHIN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION.
  3. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED  WITH
THE  PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED TO
ESTABLISH A PAYMENT PLAN FOR THE PAYMENT OF SUCH  FEE  AND  ANY  RELATED
PENALTIES.    THE  COMMISSIONER OF MOTOR VEHICLES SHALL PROMULGATE RULES

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

                                                           LBD14156-02-8

S. 7344--A                          2

AND REGULATIONS FOR THE ESTABLISHMENT OF SUCH PAYMENT  PLAN  WITHIN  ONE
HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  4.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO IS CHARGED WITH
THE PAYMENT OF A TOLL FEE IN THE STATE OF NEW YORK SHALL BE ENTITLED  TO
REVIEW  RECORDS  WHICH  DIRECTLY PROMPTED THE ISSUANCE OF SUCH FEE. SUCH
PERSONS SHALL ALSO BE ENTITLED TO  REVIEW  RECORDS  WHICH  PROMPTED  THE
ISSUANCE OF ANY LATE FEES OR CHARGES.
  5.  ANY  TOLL  FEE  THAT  WILL BE CHARGED FOR THE USAGE OF ANY BRIDGE,
TUNNEL, ROAD, OR ANY OTHER ENTITY SHALL BE DISPLAYED  CONSPICUOUSLY  AND
PROMINENTLY  ON  SIGNAGE  OF  A  REASONABLE  SIZE IN A MANNER REASONABLY
CALCULATED TO PROVIDE AMPLE AND ADEQUATE NOTICE. IN ADDITION, ANY PENAL-
TIES FOR NON-PAYMENT OR LATE PAYMENT OF SUCH FEE SHALL BE  DISPLAYED  IN
THE  SAME  MANNER.    SIGNS ALERTING DRIVERS TO THE AVAILABILITY OF TEXT
MESSAGE AND ELECTRONIC MAIL NOTIFICATION OF TOLL FEES SHALL BE DISPLAYED
IN THE SAME MANNER.
  6. IF THE NON-PAYMENT OR LATE PAYMENT OF A TOLL FEE  SHALL  SUBJECT  A
LICENSEHOLDER'S  REGISTRATION  TO SUSPENSION, THE LICENSEHOLDER SHALL BE
ENTITLED TO NOTICE BY CERTIFIED MAIL THAT SUCH SUSPENSION MAY  OCCUR  IF
PAYMENT  IS  NOT MADE THIRTY DAYS BEFORE SUCH SUSPENSION SHALL BE EFFEC-
TIVE.
  7. NO EXCESSIVE FEE SHALL BE CHARGED FOR NON-PAYMENT OR  LATE  PAYMENT
OF  A TOLL FEE AND IF THE AGGREGATE AMOUNT OF ANY SUCH FEES FOR NON-PAY-
MENT OR LATE PAYMENT OF A TOLL FEE CHARGED TO ONE  VEHICLE  REGISTRATION
REACHES  ONE  THOUSAND  DOLLARS, THE LICENSE HOLDER SHALL BE NOTIFIED BY
CERTIFIED MAIL THAT SUCH A FEE HAS BEEN REACHED.
  8. NO FEES FOR LATE PAYMENT OF A TOLL FEE SHALL BE ASSESSED AGAINST  A
VEHICLE REGISTRATION IF THE BILL FOR SUCH TOLL FEE WAS FOUND TO HAVE NOT
BEEN  SENT TO THE HOLDER OF SUCH REGISTRATION POSTMARKED MORE THAN THIR-
TY-ONE DAYS AFTER SUCH TOLL FEE HAS BEEN INCURRED.
  9. EZPASS HOLDERS SHALL BE CHARGED THE EZPASS RATE IN  THE  EVENT  THE
EZPASS  HOLDER CROSSES A TOLL WHEN THEIR EZPASS ACCOUNT HAS INSUFFICIENT
FUNDS.
  10. ANY BILL SENT FOR ANY TOLL FEE INCURRED SHALL  ITEMIZE  THE  DATE,
TIME,  LOCATION,  LICENSE  PLATE NUMBER, AND VEHICLE REGISTRATION NUMBER
FOR WHICH SAID TOLL FEE WAS INCURRED.
  11. ALL REST STOPS ALONG THE NEW YORK STATE THRUWAY SHALL BE  REQUIRED
TO MAKE EZPASS AVAILABLE FOR PURCHASE.
  § 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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The New York State Senate

senate Bill S7344A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 15, 2018 - floor Vote

Floor Vote: Mar 15, 2018

Mar 6, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 6, 2018

Bill Amendments

S7344 - Details

S7344 - Summary

S7344 - Sponsor Memo

S7344 - Bill Text download pdf

S7344A (ACTIVE) - Details

S7344A (ACTIVE) - Summary

S7344A (ACTIVE) - Sponsor Memo

S7344A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7344A

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 15, 2018 - floor Vote

Floor Vote: Mar 15, 2018

Mar 6, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 6, 2018

Bill Amendments

S7344 - Details

S7344 - Summary

S7344 - Sponsor Memo

S7344 - Bill Text download pdf

S7344A (ACTIVE) - Details

S7344A (ACTIVE) - Summary

S7344A (ACTIVE) - Sponsor Memo

S7344A (ACTIVE) - Bill Text download pdf

Comments