The New York State Senate

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

                                 7587--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2019
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Corporations,  Authorities  and  Commissions  -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public authorities law, in relation to enacting  the
  "toll  payer  protection act"; and providing for the repeal of certain
  provisions upon expiration thereof

  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. Section 2985 of the public authorities law is designated to title
11-A of article 9 of such law.
  §  3.  Article  9 of the public authorities law is amended by adding a
new title 11-A to read as follows:
                                TITLE 11-A
                            TOLL COLLECTIONS
  § 2985-A. TOLLS BY MAIL. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO
THE TOLLS BY MAIL PROGRAM AND SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY
MEANS OF AN ELECTRONIC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN
ELECTRONIC TOLL COLLECTION SYSTEM AS DEFINED IN  SUBDIVISION  TWELVE  OF
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
  2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY,  BRIDGE  OR
TUNNEL  FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT
IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY. 
  (B) "CASHLESS TOLLING MONITORING SYSTEM" SHALL MEAN A  VEHICLE  SENSOR
WHICH  AUTOMATICALLY  PRODUCES A RECORDED IMAGE OF A VEHICLE AND LICENSE
PLATE AT THE TIME IT IS USED OR OPERATED AT A CASHLESS TOLLING  FACILITY

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

                                                           LBD11629-02-9

A. 7587--A                          2

AND  WHOSE  OWNER  HAS  INCURRED AN OBLIGATION TO PAY A TOLL THROUGH THE
CASHLESS TOLLING PROGRAM.
  (C)  "DEBT COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY
COLLECT  OR  ATTEMPT TO COLLECT DEBTS OWED OR DUE OR ASSERTED TO BE OWED
OR DUE TO ANOTHER AND SHALL ALSO INCLUDE A BUYER OF DELINQUENT DEBT  WHO
SEEKS  TO  COLLECT  SUCH DEBT EITHER DIRECTLY OR THROUGH THE SERVICES OF
ANOTHER BY, INCLUDING BUT NOT LIMITED  TO,  INITIATING  OR  USING  LEGAL
PROCESSES OR OTHER MEANS TO COLLECT OR ATTEMPT TO COLLECT SUCH DEBT.
  (D)  "ELECTRONIC  MEANS  OF  COMMUNICATION"  SHALL  INCLUDE BUT NOT BE
LIMITED TO ELECTRONIC MAIL AND TEXT MESSAGING.
  (E) "ELECTRONIC  TOLL  COLLECTION  SYSTEM"  SHALL  MEAN  A  SYSTEM  OF
COLLECTING  TOLLS  OR  CHARGES  WHICH  IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE  BY  TRANSMISSION  OF  INFORMATION
FROM  AN OPERABLE ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE,
WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL  OR
CHARGE.
  (F)  "LESSEE"  SHALL  MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE  THEREOF  FOR  ANY
PERIOD OF TIME.
  (G)  "LESSOR"  SHALL  MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION, OR ORGANIZATION ENGAGED IN THE BUSINESS OF  RENTING
OR  LEASING  VEHICLES  TO  ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE WHEREIN SUCH LESSEE HAS THE EXCLUSIVE USE OF SUCH VEHICLE  FOR
ANY PERIOD OF TIME.
  (H) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
ING  SUCH  OWNER  THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY
THE OWNER HAS NOT BEEN PAID AT THE PLACE AND  TIME  AND  IN  THE  MANNER
ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL.
  (I)  "OPERABLE ELECTRONIC DEVICE" SHALL MEAN AN ELECTRONIC DEVICE THAT
SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL COLLECTION
SYSTEM.
  (J) "OWNER" SHALL MEAN ANY  PERSON,  CORPORATION,  PARTNERSHIP,  FIRM,
AGENCY,  ASSOCIATION,  LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR-
RING AN OBLIGATION TO PAY A TOLL AT A  CASHLESS  TOLLING  FACILITY,  AND
WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE NOTICE OF TOLL DUE: (I) IS
THE  BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO
SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH  VEHI-
CLE  WHICH  IS  REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER
JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET FORTH IN  SUBDI-
VISION  TEN  OF  SECTION  TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE,
USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V)
IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A
SECURITY INTEREST IN ANOTHER PERSON.
  (K) "PENALTY" SHALL MEAN ANY LATE PAYMENT FEES, CHARGES,  OR  MONETARY
PENALTIES  IMPOSED BY A PUBLIC AUTHORITY, EXCLUSIVE OF ANY TOLL OR TOLLS
INCURRED AT THE CASHLESS TOLLING FACILITY, FOR FAILURE TO TIMELY PAY  AN
OBLIGATION TO PAY A TOLL.
  (L)  "TOLL  BILL"  SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH
OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED AT  A  CASHLESS
TOLLING  FACILITY,  CROSSED A CASHLESS TOLLING MONITORING SYSTEM WITHOUT
AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED AN OBLIGATION  TO  PAY  A
TOLL.

A. 7587--A                          3

  (M)  "TOLLS  BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON
BEHALF OF A PUBLIC AUTHORITY TO IDENTIFY VEHICLES THAT CROSS  THROUGH  A
CASHLESS  TOLLING  FACILITY WITHOUT AN OPERABLE ELECTRONIC DEVICE AND TO
SEND A TOLL BILL OR NOTICE OF VIOLATION TO THE OWNER OF THE VEHICLE.
  (N)  "VIOLATION" SHALL MEAN THE FAILURE OF THE OWNER TO TIMELY RESPOND
TO A TOLL BILL.
  3. AUTHORIZATION FOR CASHLESS TOLLING. (A) NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW, EVERY PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE AND/OR TUNNEL FACILITY AND  IS  AUTHORIZED  PURSUANT  TO  SECTION
TWENTY-NINE  HUNDRED  EIGHTY-FIVE  OF  THIS  TITLE  TO  PROMULGATE  TOLL
COLLECTION REGULATIONS AND TO IMPOSE MONETARY LIABILITY FOR  FAILURE  TO
COMPLY WITH SUCH REGULATIONS IS HEREBY AUTHORIZED AND EMPOWERED TO OPER-
ATE  A DEMONSTRATION PROGRAM FOR UTILIZATION OF CASHLESS TOLLING FACILI-
TIES, CASHLESS TOLLING MONITORING SYSTEMS, AND A TOLLS BY  MAIL  PROGRAM
AND  TO  IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC  AUTHORITY
SO  LONG  AS  EACH PUBLIC AUTHORITY COMPLIES WITH THE PROVISIONS OF THIS
SECTION. SUCH PUBLIC AUTHORITY SHALL PROMULGATE REGULATIONS ESTABLISHING
A DEMONSTRATION PROGRAM FOR THE UTILIZATION OF CASHLESS TOLLING  FACILI-
TIES,  CASHLESS  TOLLING MONITORING SYSTEMS, AND A TOLLS BY MAIL PROGRAM
THAT COMPLY WITH THE PROVISIONS OF THIS SECTION.  SUCH  REGULATIONS  MAY
IMPOSE  MONETARY  LIABILITY  ON  THE  OWNER  OF A VEHICLE FOR FAILURE TO
COMPLY WITH SUCH REGULATIONS. NO PUBLIC AUTHORITY SHALL OWN, OPERATE  OR
OTHERWISE FACILITATE A CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONI-
TORING SYSTEM, OR TOLLS BY MAIL PROGRAM WITHOUT FIRST PROMULGATING REGU-
LATIONS PURSUANT TO AND IN COMPLIANCE WITH THIS SECTION.
  (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT RECORDED IMAGES PRODUCED BY SUCH
CASHLESS  TOLLING MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN-
TIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE.  HOWEVER,
NO  TOLL  BILL  OR  NOTICE  OF VIOLATION ISSUED PURSUANT TO THIS SECTION
SHALL BE INVALID SOLELY BECAUSE A RECORDED IMAGE ALLOWS  FOR  THE  IDEN-
TIFICATION  OF  THE  CONTENTS  OF  A  VEHICLE, PROVIDED THAT SUCH PUBLIC
AUTHORITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS  OF
THIS PARAGRAPH.
  (C)  EVERY  PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING  THE  USE  OF  AND
PROCESS  INVOLVED  WITH THE PAYMENT OF TOLLS AT CASHLESS TOLLING FACILI-
TIES.  EACH PUBLIC AUTHORITY SHALL PROVIDE SUFFICIENT METHODS FOR OWNERS
TO  OBTAIN  AN  OPERABLE  ELECTRONIC  DEVICE  FOR  THE  ELECTRONIC  TOLL
COLLECTION  SYSTEM,  INCLUDING MAKING SUCH DEVICES AVAILABLE AT ALL REST
AREAS OWNED OR OPERATED BY EACH AUTHORITY.
  (D) EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS  TOLLING  FACILITY
SHALL  MAINTAIN  A  WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
OBTAIN CURRENT INFORMATION ON ANY OUTSTANDING TOLLS AND SHALL  IMPLEMENT
A  SYSTEM  TO  NOTIFY THOSE OWNERS WHO SO REQUEST BY ELECTRONIC MEANS OF
COMMUNICATION ABOUT TOLLS AS THEY ARE INCURRED. SUCH WEBSITE  AND  PHONE
NUMBER SHALL BE PRINTED ON ANY TOLL BILL OR NOTICE OF VIOLATION.
  4.  OWNER  LIABILITY.  (A)  WITHIN  THE  JURISDICTION  OF EVERY PUBLIC
AUTHORITY WHICH HAS  PROMULGATED  REGULATIONS  PURSUANT  TO  SUBDIVISION
THREE OF THIS SECTION:  (I) THE OWNER SHALL INCUR AN OBLIGATION TO PAY A
TOLL WHEN THE OWNER'S VEHICLE CROSSES THROUGH A CASHLESS TOLLING FACILI-
TY  PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH
THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, AND SUCH OBLIGATION  IS
EVIDENCED  BY  INFORMATION OBTAINED FROM THE CASHLESS TOLLING MONITORING
SYSTEM; OR (II) THE OWNER OF A VEHICLE SHALL INCUR AN OBLIGATION TO  PAY

A. 7587--A                          4

A  TOLL WHEN SUCH VEHICLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT AN
OPERABLE ELECTRONIC DEVICE AND IS IDENTIFIED BY A CASHLESS TOLLING MONI-
TORING SYSTEM.
  (B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT  TO  THIS SECTION IF SUCH OWNER INCURRED AN OBLIGATION TO PAY A
TOLL AND FAILS TO TIMELY PAY OR RESPOND TO SUCH TOLL IN THE  MANNER  SET
FORTH  IN  THE  TOLL  BILL  IN ACCORDANCE WITH THIS SECTION AND SHALL BE
LIABLE FOR PENALTIES IN ACCORDANCE WITH THE PENALTIES SET FORTH  HEREIN.
PROVIDED,  HOWEVER,  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY
IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE  HAS
BEEN  CONVICTED  OF  A  VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE
SAME INCIDENT.
  5. TOLL BILLS AND NOTICES OF VIOLATION.  (A)  TOLL  BILL.  THE  PUBLIC
AUTHORITY  SHALL  WITHIN THIRTY DAYS OF AN OWNER INCURRING AN OBLIGATION
TO PAY A TOLL SEND A TOLL BILL BY FIRST-CLASS MAIL TO  SUCH  OWNER.  (I)
WITHIN  THIRTY  DAYS OF THE MAILING OF THE TOLL BILL THE OWNER SHALL (A)
PAY THE TOLL, WITHOUT LIABILITY FOR ANY PENALTY,  OR  (B)  CONTEST  SUCH
TOLL  BILL.  (II)  THE  TOLL  BILL  SHALL  INCLUDE:  (A) THE DATE, TIME,
LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR  EACH  TOLL;
(B)  THE  TOTAL  AMOUNT  OF THE TOLL DUE; (C) THE DATE BY WHICH THE TOLL
MUST BE PAID; (D) THE ADDRESS FOR RECEIPT  OF  PAYMENT  AND  METHODS  OF
PAYMENT  FOR  SUCH TOLL BILL; (E) THE PROCEDURE FOR CONTESTING ANY TOLL;
(F) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY  OR  RESPOND  TO  A
TOLL  BILL;  AND  (G)  ANY  OTHER  INFORMATION REQUIRED BY LAW OR BY THE
AUTHORITY. IF AN AUTHORITY FAILS TO SEND A TOLL BILL  AS  SET  FORTH  IN
THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF THE TOLLS, OR
ANY PENALTY.
  (B)  SECOND  TOLL  BILL.  IF  AN OWNER FAILS TO RESPOND TO A TOLL BILL
WITHIN THIRTY DAYS OF THE MAILING OF SUCH TOLL BILL, THE PUBLIC AUTHORI-
TY SHALL SEND A SECOND TOLL BILL BY FIRST-CLASS MAIL WITHIN THIRTY  DAYS
OF  THE  DATE  THE OWNER WAS REQUIRED TO RESPOND TO SUCH TOLL BILL. SUCH
SECOND TOLL BILL MAY INCLUDE A PENALTY FOR LATE PAYMENT, WHICH SHALL NOT
EXCEED FIVE DOLLARS AND SHALL INCLUDE ALL OF  THE  INFORMATION  REQUIRED
FOR  A  TOLL BILL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.  WITHIN
THIRTY DAYS OF THE MAILING OF THE SECOND TOLL BILL THE OWNER  SHALL  (I)
PAY  THE  ASSESSED TOLL AND ANY PENALTY PROVIDED IN SUCH NOTICE, OR (II)
CONTEST TOLL BILL.
  (C) NOTICE OF VIOLATION. IF AN OWNER FAILS TO RESPOND TO A SECOND TOLL
BILL WITHIN THIRTY DAYS OF THE MAILING OF SUCH  SECOND  TOLL  BILL,  THE
PUBLIC  AUTHORITY  SHALL  SEND BY FIRST-CLASS MAIL A NOTICE OF VIOLATION
WITHIN THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO RESPOND TO SUCH
SECOND TOLL BILL. (I) THE NOTICE OF VIOLATION  SHALL  INCLUDE:  (A)  THE
DATE,  TIME, LOCATION, LICENSE PLATE NUMBER AND VEHICLE REGISTRATION FOR
EACH TOLL; (B) THE ASSESSED TOLL AND THE TOTAL AMOUNT OF ALL OUTSTANDING
TOLLS AND PENALTIES AS AUTHORIZED BY THIS SECTION; (C) THE DATE BY WHICH
PAYMENT OF SUCH AMOUNTS ARE DUE; (D) THE ADDRESS FOR RECEIPT OF  PAYMENT
AND  METHODS  OF  PAYMENT  FOR  THE  AMOUNTS  DUE; (E) THE PROCEDURE FOR
CONTESTING ANY SUCH AMOUNTS; (F) INFORMATION RELATED TO THE  FAILURE  TO
TIMELY PAY OR RESPOND TO A NOTICE OF VIOLATION; AND (G) ANY OTHER INFOR-
MATION  REQUIRED BY LAW OR BY THE AUTHORITY. THE NOTICE OF VIOLATION MAY
INCLUDE A PENALTY WHICH SHALL BE NO GREATER THAN TWENTY-FIVE DOLLARS. IF
THE AUTHORITY FAILS TO SEND A TIMELY NOTICE OF VIOLATION AS SET FORTH IN
THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF  THE  ALLEGED
TOLLS  OR  ANY  PENALTY.  (II) THE OWNER SHALL HAVE THIRTY DAYS FROM THE
DATE SUCH NOTICE OF VIOLATION WAS SENT TO (A) PAY THE ASSESSED TOLL  AND
PENALTIES,  OR  (B)  CONTEST THE NOTICE. IF AN OWNER FAILS TO RESPOND TO

A. 7587--A                          5

THE NOTICE OF VIOLATION, THE OWNER SHALL BE LIABLE FOR THE ASSESSED TOLL
AND ANY PENALTY AS PROVIDED IN SUCH NOTICE.
  (D)  ELECTRONIC  NOTICE.  ANY TOLL BILL REQUIRED BY THIS SECTION TO BE
SENT BY FIRST-CLASS MAIL MAY INSTEAD BE  SENT  BY  ELECTRONIC  MEANS  OF
COMMUNICATION  UPON  THE  AFFIRMATIVE  CONSENT  OF  THE  OWNER IN A FORM
PRESCRIBED BY THE AUTHORITY. ANY NOTICE OF VIOLATION  REQUIRED  BY  THIS
SECTION  TO  BE  SENT BY FIRST-CLASS MAIL MAY IN ADDITION TO FIRST-CLASS
MAIL BE SENT BY ELECTRONIC MEANS OF COMMUNICATION UPON  THE  AFFIRMATIVE
CONSENT  OF THE OWNER IN A FORM PRESCRIBED BY THE AUTHORITY. A MANUAL OR
AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN  THE  ORDINARY
COURSE  OF BUSINESS SHALL BE SUFFICIENT RECORD OF ELECTRONIC NOTICE. ANY
AFFIRMATIVE CONSENT TO RECEIVE A TOLL BILL OR  NOTICE  OF  VIOLATION  BY
ELECTRONIC MEANS SHALL BE REVOCABLE BY THE OWNER AT ANY TIME WITH NOTICE
TO  THE  PUBLIC AUTHORITY OR ITS AGENT AND SHALL AUTOMATICALLY BE DEEMED
REVOKED IF THE AUTHORITY OR ITS AGENT IS UNABLE TO DELIVER  TWO  CONSEC-
UTIVE NOTICES BY ELECTRONIC MEANS OF COMMUNICATION.
  6.  PROCEDURE  TO  CONTEST. (A) EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE REGULATIONS ESTABLISHING A PROCEDURE BY
WHICH A PERSON ALLEGED TO BE LIABLE FOR THE  PAYMENT  OF  A  TOLL  OR  A
VIOLATION  MAY  (I)  CONTEST  SUCH  ALLEGED  LIABILITY,  (II) SUBMIT THE
CONTEST TO A HEARING, AND (III) HAVE THE RIGHT TO APPEAL.
  (B) EVERY TOLL BILL AND NOTICE OF VIOLATION SHALL ON ITS  FACE  ADVISE
THE OWNER OF THE MANNER AND THE TIME IN WHICH TO CONTEST THE TOLL OR ANY
VIOLATION  AND  ALSO  CONTAIN  A  WARNING THAT FAILURE TO CONTEST IN THE
MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABILITY  AND
THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  7.  ADJUDICATION  OF  LIABILITY.  ADJUDICATION OF AN OWNER'S LIABILITY
SHALL BE BY THE ENTITY HAVING JURISDICTION  OVER  THE  CASHLESS  TOLLING
FACILITY  OR,  WHERE  AUTHORIZED, BY AN ADMINISTRATIVE TRIBUNAL; AND ALL
SUCH LIABILITY DETERMINATIONS SHALL BE HEARD AND DETERMINED EITHER:  (A)
IN THE COUNTY IN WHICH THE OBLIGATION TO PAY A TOLL THROUGH THE CASHLESS
TOLLING  PROGRAM  WAS ALLEGED TO OCCUR, OR (B) WHERE THE TOLL IS ALLEGED
TO HAVE BEEN INCURRED IN NEW YORK CITY AND, UPON  THE  CONSENT  OF  BOTH
PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC AUTHORI-
TY OPERATES OR MAINTAINS A CASHLESS TOLLING FACILITY. SUCH ADJUDICATIONS
SHALL  BE  HEARD  AND  DETERMINED IN THE SAME MANNER AS CHARGES OF OTHER
REGULATORY VIOLATIONS OF SUCH PUBLIC AUTHORITY OR PURSUANT TO THE  RULES
AND REGULATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS THE CASE MAY BE.
  8.  EVIDENCE  OF  OBLIGATION TO PAY A TOLL OR VIOLATION. (A) A CERTIF-
ICATE SWORN TO OR AFFIRMED BY AN AGENT OF  THE  PUBLIC  AUTHORITY  WHICH
CHARGED  THAT A LIABILITY FOR AN OBLIGATION TO PAY A TOLL OR A VIOLATION
HAS BEEN INCURRED, OR A  FACSIMILE  THEREOF  BASED  UPON  INSPECTION  OF
RECORDED  IMAGES  PRODUCED BY A CASHLESS TOLLING MONITORING SYSTEM SHALL
BE PRIMA FACIE EVIDENCE OF THE FACTS  CONTAINED  THEREIN  AND  SHALL  BE
ADMISSIBLE  IN  ANY  PROCEEDING  CHARGING  A  LIABILITY  FOR A TOLL OR A
VIOLATION PURSUANT TO THIS SECTION.
  (B) ANY SUCH RECORDED IMAGES AND CERTIFICATE EVIDENCING SUCH LIABILITY
SHALL BE AVAILABLE TO THE OWNER UPON REQUEST FOR INSPECTION  AND  ADMIS-
SION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDICATE SUCH LIABILITY.
  (C) ANY LIABILITY IMPOSED PURSUANT TO THIS SECTION SHALL BE BASED UPON
A PREPONDERANCE OF EVIDENCE AS SUBMITTED.
  9. DEFENSES. IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY
FOR A TOLL AND/OR VIOLATION THAT:
  (A)  THE VEHICLE WAS NOT USED OR OPERATED IN VIOLATION OF THIS SECTION
OR THE REGULATIONS PROMULGATED HEREUNDER;

A. 7587--A                          6

  (B) THE VEHICLE WAS USED OR OPERATED WITHOUT  THE  PERMISSION  OF  THE
OWNER, EXPRESS OR IMPLIED;
  (C)  THE  RECIPIENT  OF A TOLL BILL OR NOTICE OF VIOLATION WAS NOT THE
OWNER OF THE VEHICLE  AT  THE  TIME  THE  OBLIGATION  TO  PAY  THE  TOLL
OCCURRED;
  (D)  THE  VEHICLE HAD BEEN STOLEN PRIOR TO THE TIME THE OBLIGATION WAS
INCURRED AND WAS NOT IN THE POSSESSION OF THE  OWNER  AT  THE  TIME  THE
OBLIGATION  WAS INCURRED. FOR THE PURPOSES OF ASSERTING THIS DEFENSE, IT
SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE  REPORT  ON  THE
STOLEN  VEHICLE  IS  SUBMITTED  TO  THE PUBLIC AUTHORITY, COURT OR OTHER
ENTITY HAVING JURISDICTION;
  (E) THE VEHICLE HAD  BEEN  LEASED  AT  THE  TIME  THE  OBLIGATION  WAS
INCURRED.  FOR THE PURPOSE OF ASSERTING THIS DEFENSE, IT SHALL BE SUFFI-
CIENT  THAT A COPY OF THE RENTAL LEASE OR OTHER CONTRACT DOCUMENT COVER-
ING THE VEHICLE ON THE DATE AND TIME THE TOLL WAS INCURRED IS  SUBMITTED
TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING JURISDICTION WITH-
IN  THIRTY DAYS OF THE LESSOR RECEIVING THE ORIGINAL TOLL BILL OR NOTICE
OF VIOLATION. SUCH DOCUMENT SHALL INCLUDE THE NAME AND  ADDRESS  OF  THE
LESSEE.  FAILURE  TO  TIMELY  SUBMIT SUCH INFORMATION SHALL CONSTITUTE A
WAIVER OF THIS DEFENSE. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF
THIS SECTION, THE LESSEE SHALL BE DEEMED TO BE THE OWNER OF THE  VEHICLE
FOR  PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY PURSUANT
TO THIS SECTION, PROVIDED THAT THE AUTHORITY MAILS A TOLL  BILL  TO  THE
LESSEE  WITHIN TEN DAYS AFTER THE COURT OR OTHER ENTITY HAVING JURISDIC-
TION, DEEMS THE LESSEE TO BE THE OWNER.
  10. FINDING OF VIOLATION. (A) ANY LIABILITY IMPOSED PURSUANT  TO  THIS
SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE
MADE  PART  OF  THE  MOTOR  VEHICLE  OPERATING RECORD, MAINTAINED BY THE
COMMISSIONER OF MOTOR VEHICLES PURSUANT TO THE VEHICLE AND TRAFFIC  LAW,
OF  THE  PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED
FOR INSURANCE PURPOSES IN  THE  PROVISION  OF  MOTOR  VEHICLE  INSURANCE
COVERAGE.
  (B)  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW, ORDER, RULE OR
REGULATION TO THE CONTRARY, NO REGISTRATION OF ANY MOTOR VEHICLE MAY  BE
SUSPENDED, REVOKED OR DENIED RENEWAL RESULTING FROM AN OBLIGATION TO PAY
A  TOLL  AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN THIS SECTION AND
THE COMMISSIONER OF MOTOR VEHICLES SHALL NOT  SUSPEND,  REVOKE  OR  DENY
RENEWAL  OF  THE REGISTRATION OF A MOTOR VEHICLE RESULTING FROM AN OBLI-
GATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS DESCRIBED IN THIS
SECTION.
  11. INDEMNIFICATION. ANY OWNER WHO IS FOUND LIABLE  PURSUANT  TO  THIS
SECTION  WHO  WAS  NOT THE OPERATOR OF THE VEHICLE AT THE TIME THE OBLI-
GATION TO PAY THE TOLL WAS INCURRED MAY MAINTAIN AN ACTION FOR  INDEMNI-
FICATION AGAINST THE OPERATOR.
  12.  DATA  PROTECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
ALL IMAGES, VIDEOS AND OTHER RECORDED IMAGES COLLECTED BY THE  AUTHORITY
PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF SUCH AUTHORI-
TY  IN  THE  DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE
OPEN TO THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR  PROCEEDING
PENDING  THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSI-
TION OF OR INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION.
  (B) THE AUTHORITY SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN  ANY
WAY, THE NAMES AND ADDRESSES OF ANY OWNER THAT PARTICIPATES IN THE TOLLS
BY  MAIL  PROGRAM, WITHOUT SUCH OWNER'S CONSENT, TO ANY ENTITY THAT WILL
USE SUCH INFORMATION FOR ANY COMMERCIAL PURPOSE PROVIDED THAT THE  FORE-
GOING  RESTRICTION  SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH

A. 7587--A                          7

INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR OPERATING  OF
A  CASHLESS TOLLING FACILITY FOR THE PURPOSE OF ADMINISTERING SUCH TOLLS
BY MAIL PROGRAM.
  13.  DISPLAY  OF  TOLL  CHARGES. ANY TOLL 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.
  14. DEBT COLLECTION. (A) ON  OR  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  NO PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL SELL OR TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER
FOR A VIOLATION OF TOLL COLLECTION  REGULATIONS  TO  A  DEBT  COLLECTION
AGENCY  UNLESS  ONE  YEAR  HAS  PASSED FROM THE DATE THE OWNER WAS FOUND
LIABLE FOR THE VIOLATION OF TOLL COLLECTION REGULATIONS ASSOCIATED  WITH
SUCH DEBT, OR THE OWNER HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF
ONE  THOUSAND  DOLLARS OR MORE. THE AUTHORITY SHALL NOT SELL OR TRANSFER
ANY DEBT TO A DEBT COLLECTION AGENCY UNLESS  SUCH  AUTHORITY  HAS  FIRST
OBTAINED  A  DEFAULT JUDGMENT IN A COURT OR ADMINISTRATIVE TRIBUNAL WITH
JURISDICTION OVER THE ASSESSED TOLL.
  (B) A NOTICE SHALL BE SENT BY FIRST-CLASS MAIL ADVISING THE OWNER THAT
THE DEBT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SOLD OR
TRANSFERRED BY THE AUTHORITY TO A DEBT COLLECTION AGENCY ON A  SPECIFIED
DATE NO LESS THAN THIRTY DAYS PRIOR TO SUCH SALE OR TRANSFER.
  15.  INSTALLMENT  PAYMENT PLAN. EVERY PUBLIC AUTHORITY THAT OPERATES A
CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, AND TOLLS
BY MAIL PROGRAM SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH AN
INSTALLMENT PAYMENT PLAN  FOR  THE  PAYMENT  OF  ANY  TOLL  AND  PENALTY
INCURRED  AT  A  CASHLESS  TOLLING FACILITY. INFORMATION RELATED TO SUCH
PLAN SHALL BE INCLUDED IN ANY TOLL BILL AND ANY NOTICE OF VIOLATION  AND
SHALL  BE  DISPLAYED  CONSPICUOUSLY  ON  THE AUTHORITIES' WEBSITES. EACH
OWNER, AT HIS OR HER ELECTION, MAY PARTICIPATE IN SUCH PLAN. THE  PUBLIC
AUTHORITY  SHALL NOT CHARGE ANY ADDITIONAL FEES OR PENALTIES FOR ENROLL-
MENT IN A PAYMENT PLAN.
  16. ANNUAL REPORT. EVERY PUBLIC AUTHORITY THAT ADOPTS A  DEMONSTRATION
PROGRAM  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION SHALL SUBMIT AN
ANNUAL REPORT ON THE TOLLS BY MAIL PROGRAM TO THE GOVERNOR,  THE  TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND POST ON
ITS  WEBSITE ON OR BEFORE THE FIRST DAY OF JUNE SUCCEEDING THE EFFECTIVE
DATE OF THIS SECTION AND ON THE SAME DATE IN  EACH  SUCCEEDING  YEAR  IN
WHICH  THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO:
  (A) THE LOCATIONS WHERE VEHICLE SENSORS FOR CASHLESS TOLLING  MONITOR-
ING SYSTEMS WERE USED;
  (B) THE AGGREGATE NUMBER OF TOLLS PAID AT THE LOCATIONS WHERE CASHLESS
TOLLING FACILITIES WERE USED, INCLUDING BOTH THROUGH THE USE OF AN OPER-
ABLE ELECTRONIC DEVICE AND THROUGH THE TOLLS BY MAIL PROGRAM;
  (C)  THE  NUMBER  OF  OWNERS THAT PAID THEIR TOLL THROUGH THE TOLLS BY
MAIL PROGRAM;
  (D) THE NUMBER OF OWNERS THAT PAID THEIR  TOLL  UPON  RECEIPT  OF  THE
FIRST TOLL BILL;
  (E)  THE  NUMBER  OF  OWNERS  THAT PAID THEIR TOLL UPON RECEIPT OF THE
SECOND TOLL BILL;
  (F) THE NUMBER OF OWNERS THAT WERE CHARGED A FIVE DOLLAR FEE FOR  LATE
PAYMENT  AND  THE AGGREGATE AMOUNT OF FEES FOR LATE PAYMENT COLLECTED BY
THE AUTHORITY;

A. 7587--A                          8

  (G) THE NUMBER OF OWNERS THAT WERE CHARGED A PENALTY,  THE  AMOUNT  OF
THE  PENALTY  CHARGED  TO  OWNERS  AND THE AGGREGATE AMOUNT OF PENALTIES
COLLECTED BY THE AUTHORITY;
  (H)  THE  NUMBER  OF OWNERS THAT DISPUTED THE TOLL BILL, THE NUMBER OF
OWNERS THAT SUCCESSFULLY DISPUTED SUCH TOLL BILL AND AN ITEMIZED  BREAK-
DOWN OF THE REASONS FOR SUCCESSFULLY DISPUTED TOLLS;
  (I) THE NUMBER OF OWNERS THAT DISPUTED THE NOTICE OF VIOLATION AND THE
NUMBER OF OWNERS THAT SUCCESSFULLY DISPUTED SUCH NOTICE OF VIOLATION;
  (J)  THE  NUMBER  OF  OWNERS  THAT PAID THEIR TOLL UPON RECEIPT OF THE
NOTICE OF VIOLATION;
  (K) THE AGGREGATE AMOUNT OF PENALTIES CHARGED TO OWNERS;
  (L) A COPY OF ALL  REGULATIONS  THE  REPORTING  AUTHORITY  PROMULGATED
PURSUANT TO THIS SECTION;
  (M)  THE  NUMBER  OF  TOLLS  ADJUDICATED BY EVERY PUBLIC AUTHORITY AND
COURT, INCLUDING ANY APPEAL OF SUCH ADJUDICATIONS, AND  THE  RESULTS  OF
ALL  ADJUDICATIONS  INCLUDING  BREAKDOWNS OF DISPOSITIONS MADE FOR TOLLS
RECORDED BY SUCH SYSTEMS;
  (N) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH AUTHORITY  FROM  SUCH
ADJUDICATIONS;
  (O)  EXPENSES  INCURRED BY SUCH AUTHORITY IN CONNECTION WITH THE TOLLS
BY MAIL PROGRAM;
  (P) THE NATURE OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
  (Q) THE NUMBER OF OWNERS WHOSE TOLL BILLS AND VIOLATION  NOTICES  WERE
RETURNED TO THE PUBLIC AUTHORITY AS UNDELIVERABLE.
  §  4. a. Within 90 days of the effective date of this act, the Tribor-
ough Bridge and Tunnel Authority organized pursuant to  section  552  of
the  public  authorities  law shall implement an amnesty program for all
persons who, with respect to any toll obligation incurred  on  or  after
November 1, 2016 at a cashless tolling facility operated by the authori-
ty,  (1) owe tolls, fines, fees, or penalties; (2) have been referred to
a debt collection agency; or (3) have  had  their  vehicle  registration
suspended. Such amnesty program shall be at least five weeks in duration
and  shall  provide  that  upon  an  owner's  payment  or contesting the
outstanding toll balance during the amnesty  period  (1)  the  authority
shall waive all fees, fines, and penalties associated with the outstand-
ing toll balance, and (2) the authority shall advise the commissioner of
motor  vehicles,  in  such  form and manner that such commissioner shall
have prescribed, that such person has  responded  and  any  registration
suspension shall be rescinded.
  b. The Triborough Bridge and Tunnel Authority shall undertake a public
awareness  campaign  for such amnesty program, maintain a public website
for any person to obtain information on any  outstanding  tolls  and  no
later  than  30  days  preceding the commencement of the amnesty period,
notify by first-class mail all persons with outstanding toll balances of
their eligibility for the amnesty program. The authority  shall  provide
for  sufficient  methods to pay the outstanding toll balances, including
but not limited to, by phone, by mail, or through the internet.
  § 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however that  sections  three  and
four  of  this  act  shall expire 5 years after such effective date when
upon such date such provisions of this act  shall  be  deemed  repealed.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  to  be made and completed on or before such
effective date.