NY State Senate Bill 2017-S7344

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

- Mar 15, 2018 - Floor Vote
  S7344
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 15, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Rivera
  Mar 6, 2018 - Consumer Protection Committee Vote
  S7344
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 6, 2018
      
      aye (11)
      
      Amedore
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Funke
      
      Hamilton
      
      Helming
      
      Kavanagh
      
      Robach
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S7344 - Details

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

2017-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.

2017-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.

2017-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.

2017-S7344A (ACTIVE) - Details

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

2017-S7344A (ACTIVE) - Summary

2017-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.

2017-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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Senate Bill S7344

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

2017-S7344 - Details

2017-S7344 - Summary

2017-S7344 - Sponsor Memo

2017-S7344 - Bill Text download pdf

2017-S7344A (ACTIVE) - Details

2017-S7344A (ACTIVE) - Summary

2017-S7344A (ACTIVE) - Sponsor Memo

2017-S7344A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7344

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2017-S7344 - Details

2017-S7344 - Summary

2017-S7344 - Sponsor Memo

2017-S7344 - Bill Text download pdf

2017-S7344A (ACTIVE) - Details

2017-S7344A (ACTIVE) - Summary

2017-S7344A (ACTIVE) - Sponsor Memo

2017-S7344A (ACTIVE) - Bill Text download pdf

Comments