The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3801--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, WEPRIN, WILLIAMS, CRUZ, MORINELLO,
   SMULLEN, REILLY, McDONOUGH, EPSTEIN -- Multi-Sponsored by -- M. of  A.
   ENGLEBRIGHT,  GRIFFIN  --  read  once and referred to the Committee on
   Corporations,  Authorities  and  Commissions  --  recommitted  to  the
   Committee  on  Corporations, Authorities and Commissions in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 SECTION 2985-A. TOLLS BY MAIL.
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02113-07-2

 A. 3801--A                          2
 
   (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
 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
 A. 3801--A                          3
 
 AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED AN OBLIGATION  TO  PAY  A
 TOLL.
   (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
 A. 3801--A                          4
 
 EVIDENCED BY INFORMATION OBTAINED FROM THE CASHLESS  TOLLING  MONITORING
 SYSTEM;  OR (II) THE OWNER OF A VEHICLE SHALL INCUR AN OBLIGATION TO PAY
 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; (G) THE WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO ACCESS
 TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND  (H)  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; (G) THE WEBSITE ADDRESS
 OR HYPERLINK FOR THE OWNER TO ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE
 OF EACH TOLL INCURRED; AND (H) ANY OTHER INFORMATION REQUIRED BY LAW  OR
 BY  THE  AUTHORITY.  THE NOTICE OF VIOLATION MAY INCLUDE A PENALTY WHICH
 SHALL BE TWENTY-FIVE DOLLARS OR TWO TIMES THE TOLL EVADED, WHICHEVER  IS
 A. 3801--A                          5
 
 GREATER.  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  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. PROVIDED THAT, NOTWITHSTANDING THIS SUBDI-
 VISION, A TOLL BILL SENT BY ELECTRONIC MEANS OF COMMUNICATION  SHALL  BE
 SENT WITHIN SEVENTY-TWO HOURS OF AN OWNER INCURRING AN OBLIGATION TO PAY
 A  TOLL.  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  ELEC-
 TRONIC  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 AUTHORI-
 TY OR ITS AGENT AND SHALL AUTOMATICALLY BE DEEMED REVOKED IF THE AUTHOR-
 ITY  OR  ITS AGENT IS UNABLE TO DELIVER TWO CONSECUTIVE NOTICES BY ELEC-
 TRONIC 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.
 A. 3801--A                          6

   (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;
   (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 NON-COMMERCIAL  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  NON-COMMERCIAL  MOTOR
 VEHICLE RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING
 FACILITY  AS DESCRIBED IN THIS SECTION UNLESS SUCH OWNER IS FOUND LIABLE
 FOR FAILURE TO PAY OR RESPOND TO FIVE OR MORE NOTICES OF UNRELATED  TOLL
 BILLS  OR  IS  LIABLE  FOR  NO  LESS  THAN  ONE HUNDRED FIFTY DOLLARS IN
 OUTSTANDING TOLL BILLS WITHIN AN EIGHTEEN MONTH PERIOD.
   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.
 A. 3801--A                          7
 
   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, INCLUDING ANY SUBSIDIARY OR CONTRACTOR INVOLVED IN
 IMPLEMENTING OR OPERATING AN ELECTRONIC TOLL COLLECTION SYSTEM OR  TOLLS
 BY  MAIL  PROGRAM,  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, PROVIDED THAT THE FOREGOING RESTRICTION  SHALL  NOT  BE
 DEEMED TO PRECLUDE THE EXCHANGE OF SUCH 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 BY A PASSENGER
 MOTOR VEHICLE  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
 FIVE  HUNDRED  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;
 A. 3801--A                          8
 
   (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;
   (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 eight weeks  in  dura-
 tion  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
 A. 3801--A                          9
 
 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 two, three
 and four of this act shall expire 5 years after such effective date when
 upon such  date  such  provisions  of  such  sections  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  effective  date  are  authorized to be made and completed on or
 before such effective date.