S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8946
 
                             I N  S E N A T E
 
                               June 7, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to enacting  the
   "toll  payer protection act"; and to repeal certain provisions of such
   law relating thereto
 
   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 Section 2985 of the public authorities law is REPEALED.
   §  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. OWNER LIABILITY FOR FAILURE OF  OPERATOR  TO  COMPLY  WITH
                  TOLL COLLECTION REGULATIONS.
         2985-A. CASHLESS TOLLING.
   §  2985.  OWNER  LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TOLL
 COLLECTION REGULATIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
 EVERY  PUBLIC  AUTHORITY  WHICH  OPERATES  A  TOLL HIGHWAY BRIDGE AND/OR
 TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE  MONETARY
 LIABILITY  ON  THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
 TO COMPLY WITH THE TOLL COLLECTION REGULATIONS OF SUCH PUBLIC  AUTHORITY
 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   2.  THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
 PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED  WITH  THE
 PERMISSION  OF  THE  OWNER,  EXPRESS  OR  IMPLIED,  IN VIOLATION OF TOLL
 COLLECTION REGULATIONS, AND SUCH VIOLATION IS EVIDENCED  BY  INFORMATION
 OBTAINED  FROM  A  PHOTO-MONITORING  SYSTEM,  PROVIDED, HOWEVER, THAT 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.
   3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "OWNER"  SHALL  MEAN  ANY
 PERSON,  CORPORATION,  PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14156-10-8

 S. 8946                             2
 
 ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT  TO  THE
 VEHICLE  IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
 EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO  SUCH  VEHICLE;  OR
 (C)  IS  THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR  ANY  OTHER
 STATE,  TERRITORY,  DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
 (D) SUBJECT TO THE LIMITATIONS SET FORTH  IN  SUBDIVISION  TEN  OF  THIS
 SECTION,  USES  SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSI-
 NESS; AND INCLUDES (E) A PERSON ENTITLED TO THE USE AND POSSESSION OF  A
 VEHICLE  SUBJECT  TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES
 OF THIS SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE
 SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TOLL COLLECTION  FACILITY
 WHICH AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE MICRO-
 PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
 TIME IT IS USED OR OPERATED IN VIOLATION OF TOLL COLLECTION REGULATIONS.
 FOR  PURPOSES  OF  THIS  SECTION, THE TERM "TOLL COLLECTION REGULATIONS"
 SHALL MEAN THOSE RULES AND REGULATIONS OF A PUBLIC  AUTHORITY  PROVIDING
 FOR AND REQUIRING THE PAYMENT OF TOLLS AND/OR CHARGES PRESCRIBED BY SUCH
 PUBLIC  AUTHORITY  FOR THE USE OF BRIDGES, TUNNELS OR HIGHWAYS UNDER ITS
 JURISDICTION OR THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY MAKING
 IT UNLAWFUL TO REFUSE TO PAY OR TO EVADE OR  TO  ATTEMPT  TO  EVADE  THE
 PAYMENT OF ALL OR PART OF ANY TOLL AND/OR CHARGE FOR THE USE OF BRIDGES,
 TUNNELS OR HIGHWAYS UNDER THE JURISDICTION OF SUCH PUBLIC AUTHORITY. FOR
 PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN,
 UPON  OR BY WHICH A PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN
 UPON A HIGHWAY, EXCEPT DEVICES USED EXCLUSIVELY UPON STATIONARY RAILS OR
 TRACKS.
   4. A CERTIFICATE, SWORN TO OR AFFIRMED  BY  AN  AGENT  OF  THE  PUBLIC
 AUTHORITY  WHICH  CHARGED  THAT  THE  VIOLATION OCCURRED, OR A FACSIMILE
 THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDE-
 OTAPE  OR  OTHER  RECORDED  IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN  AND  SHALL
 BE  ADMISSIBLE IN ANY PROCEEDING CHARGING A VIOLATION OF TOLL COLLECTION
 REGULATIONS, PROVIDED THAT ANY PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE
 OR  OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE
 FOR INSPECTION AND ADMISSION INTO EVIDENCE IN ANY PROCEEDING TO  ADJUDI-
 CATE THE LIABILITY FOR SUCH VIOLATION.
   5.  AN  OWNER  FOUND  LIABLE  FOR A VIOLATION OF TOLL COLLECTION REGU-
 LATIONS PURSUANT TO THIS SECTION SHALL FOR A FIRST VIOLATION THEREOF  BE
 LIABLE  FOR  A MONETARY PENALTY NOT TO EXCEED FIFTY DOLLARS OR TWO TIMES
 THE TOLL EVADED WHICHEVER IS GREATER; FOR  A  SECOND  VIOLATION  THEREOF
 BOTH  WITHIN  EIGHTEEN  MONTHS  BE  LIABLE FOR A MONETARY PENALTY NOT TO
 EXCEED ONE HUNDRED DOLLARS OR FIVE TIMES THE TOLL  EVADED  WHICHEVER  IS
 GREATER; FOR A THIRD OR SUBSEQUENT VIOLATION THEREOF ALL WITHIN EIGHTEEN
 MONTHS  BE LIABLE FOR A MONETARY PENALTY NOT TO EXCEED ONE HUNDRED FIFTY
 DOLLARS OR TEN TIMES THE TOLL EVADED WHICHEVER IS GREATER.
   6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE  BASED
 UPON  A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
 ITY 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, FURNISHED PURSUANT TO SECTION THREE HUNDRED  FIFTY-FOUR  OF  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.
   7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON  ALLEGED  TO  BE  LIABLE  AS  AN  OWNER  FOR  A VIOLATION OF TOLL

 S. 8946                             3
 
 COLLECTION REGULATIONS. SUCH NOTICE SHALL BE MAILED NO LATER THAN THIRTY
 DAYS AFTER THE ALLEGED VIOLATION. PERSONAL DELIVERY ON THE  OWNER  SHALL
 NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
 ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE MAILING
 OF THE NOTICE.
   (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE  LIABLE  AS  AN  OWNER  FOR  A  VIOLATION  OF  TOLL
 COLLECTION REGULATIONS PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER
 OF  THE  VEHICLE  INVOLVED  IN  SUCH  VIOLATION, THE LOCATION WHERE SUCH
 VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE  IDEN-
 TIFICATION  NUMBER  OF  THE  PHOTO-MONITORING  SYSTEM WHICH RECORDED THE
 VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   (C) THE NOTICE OF LIABILITY SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON  CHARGED  OF  THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
 LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE  OF  LIABILITY  SHALL  ALSO
 CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE PUBLIC
 AUTHORITY HAVING JURISDICTION OVER THE TOLL FACILITY WHERE THE VIOLATION
 OF TOLL COLLECTION REGULATIONS OCCURRED.
   8.  ADJUDICATION  OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE ENTITY HAVING JURISDICTION OVER VIOLATIONS OF THE  RULES
 AND  REGULATIONS OF THE PUBLIC AUTHORITY SERVING THE NOTICE OF LIABILITY
 OR WHERE AUTHORIZED BY AN ADMINISTRATIVE  TRIBUNAL  AND  ALL  VIOLATIONS
 SHALL  BE  HEARD  AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS
 ALLEGED TO HAVE OCCURRED, OR IN NEW YORK CITY AND UPON  THE  CONSENT  OF
 BOTH  PARTIES,  IN  ANY  COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC
 AUTHORITY OPERATES OR MAINTAINS A FACILITY, AND 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.
   9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
 FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE  POLICE
 DEPARTMENT  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID DEFENSE TO AN
 ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL  COLLECTION  REGULATIONS
 THAT  THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE
 TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME.  IF
 AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY
 TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED
 TO  THE  POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
 ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL  COLLECTION  REGULATIONS
 PURSUANT  TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN WITHIN
 TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER.   FOR  PURPOSES
 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
 CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
 BE SENT BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY  HAVING  JURIS-
 DICTION.
   10. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY  WAS  ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL NOT
 BE LIABLE FOR THE VIOLATION OF THE TOLL COLLECTION  REGULATION  PROVIDED
 THAT  HE  OR  SHE  SENDS  TO  THE PUBLIC AUTHORITY SERVING THE NOTICE OF
 LIABILITY AND TO THE COURT OR OTHER ENTITY HAVING JURISDICTION A COPY OF
 THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH  VEHICLE
 ON  THE  DATE  OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE
 CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIVING THE ORIGINAL  NOTICE

 S. 8946                             4
 
 OF  LIABILITY.  FAILURE  TO SEND SUCH INFORMATION WITHIN SUCH THIRTY DAY
 TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY
 THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
 SUBDIVISION,  THE  LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
 SECTION  AND  SHALL  BE  SUBJECT  TO LIABILITY FOR THE VIOLATION OF TOLL
 COLLECTION REGULATIONS, PROVIDED  THAT  THE  PUBLIC  AUTHORITY  MAILS  A
 NOTICE  OF  LIABILITY  TO THE LESSEE WITHIN TEN DAYS AFTER THE COURT, OR
 OTHER ENTITY HAVING JURISDICTION, DEEMS THE LESSEE TO BE THE OWNER.  FOR
 PURPOSES  OF  THIS  SUBDIVISION THE TERM "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 THE SAID LESSEE HAS
 THE EXCLUSIVE USE OF SAID VEHICLE FOR ANY PERIOD OF TIME.  FOR  PURPOSES
 OF  THIS  SUBDIVISION,  THE  TERM "LESSEE" SHALL MEAN ANY PERSON, CORPO-
 RATION, 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.
   11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
 RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION IT  SHALL  BE  A
 VALID  DEFENSE  TO  AN  ALLEGATION  OF LIABILITY FOR A VIOLATION OF TOLL
 COLLECTION REGULATIONS THAT THE INDIVIDUAL WHO RECEIVED  THE  NOTICE  OF
 LIABILITY  PURSUANT  TO THIS SECTION WAS NOT THE OWNER OF THE VEHICLE AT
 THE TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION  OF
 TOLL  COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE OPERA-
 TOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY  MAINTAIN
 AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   12.  "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 ELECTRONIC DEVICE ON A MOTOR VEHICLE TO  THE  TOLL  LANE,  WHICH
 INFORMATION  IS  USED  TO  CHARGE  THE  ACCOUNT  THE APPROPRIATE TOLL OR
 CHARGE. IN ADOPTING PROCEDURES FOR THE  PREPARATION  AND  MAILING  OF  A
 NOTICE  OF  LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION OVER THE
 TOLL FACILITY SHALL ADOPT  GUIDELINES  TO  ENSURE  ADEQUATE  AND  TIMELY
 NOTICE  TO  ALL  ELECTRONIC  TOLL  COLLECTION  SYSTEM ACCOUNT HOLDERS TO
 INFORM THEM WHEN THEIR ACCOUNTS ARE  DELINQUENT.  AN  OWNER  WHO  IS  AN
 ACCOUNT  HOLDER UNDER THE ELECTRONIC TOLL COLLECTION SYSTEM SHALL NOT BE
 FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH  AUTHORITY  HAS
 FIRST  SENT  A  NOTICE  OF  DELINQUENCY  TO  SUCH ACCOUNT HOLDER AND THE
 ACCOUNT HOLDER WAS IN FACT DELINQUENT AT THE TIME OF THE VIOLATION.
   13. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR OF A VEHICLE FOR ANY VIOLATION OF TOLL COLLECTION REGU-
 LATIONS.
   14. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ALL  PHOTOGRAPHS,
 MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES PREPARED PURSUANT
 TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF A PUBLIC AUTHORITY  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 IMPOSITION OF OR
 INDEMNIFICATION  FOR  LIABILITY  PURSUANT  TO  THIS  SECTION. THE PUBLIC
 AUTHORITY SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY  WAY,  THE
 NAMES  AND  ADDRESSES OF ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLD-
 ERS, WITHOUT SUCH ACCOUNT HOLDERS' CONSENT TO ANY ENTITY THAT  WILL  USE
 SUCH  INFORMATION FOR ANY COMMERCIAL PURPOSE PROVIDED THAT THE FOREGOING
 RESTRICTION SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH  INFOR-

 S. 8946                             5
 
 MATION  BETWEEN  ANY  ENTITIES WITH JURISDICTION OVER AND OR OPERATING A
 TOLL HIGHWAY BRIDGE AND/OR TUNNEL FACILITY.
   §  2985-A.  CASHLESS  TOLLING.  1.  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) "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; AND
   (C) "NOTICE OF TOLL DUE" SHALL MEAN A NOTICE SENT TO AN OWNER  NOTIFY-
 ING  SUCH OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED IN OR
 UPON A CASHLESS TOLLING FACILITY AND HAS INCURRED AN OBLIGATION TO PAY A
 TOLL.
   2. (A) IN THE CASE OF AN OWNER WHO INCURS AN OBLIGATION TO PAY A  TOLL
 AT  A  CASHLESS  TOLLING  FACILITY A NOTICE OF TOLL DUE SHALL BE SENT BY
 FIRST CLASS MAIL BY THE PUBLIC AUTHORITY WHICH  OPERATES  SUCH  CASHLESS
 TOLLING  FACILITY TO THE OWNER WITHIN THIRTY DAYS OF INCURRING THE OBLI-
 GATION TO PAY THE TOLL AT SUCH CASHLESS TOLLING  FACILITY.    THE  OWNER
 SHALL  HAVE THIRTY DAYS FROM THE DATE THE NOTICE OF TOLL DUE WAS SENT BY
 FIRST CLASS MAIL TO PAY THE ASSESSED TOLL,  WITHOUT  LIABILITY  FOR  ANY
 OTHER  CHARGES,  FEES,  OR  MONETARY PENALTIES.   THE NOTICE OF TOLL DUE
 SHALL INCLUDE: (I) THE DATE, TIME, LOCATION, LICENSE  PLATE  NUMBER  AND
 VEHICLE  REGISTRATION  FOR EACH ASSESSED TOLL DUE; (II) THE TOTAL AMOUNT
 OF THE ASSESSED TOLL DUE;  (III)  THE  DATE  BY  WHICH  PAYMENT  OF  THE
 ASSESSED TOLL IS DUE; (IV) THE AUTHORITY TO WHICH THE ASSESSED TOLL MUST
 BE PAID; AND (V) ANY OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHOR-
 ITY.   IF AN AUTHORITY FAILS TO SEND A TIMELY NOTICE OF TOLL DUE, AS SET
 FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF  THE
 ALLEGED TOLLS, MONETARY PENALTIES, FEES OR OTHER CHARGES.
   (B)  IF  AN  OWNER  FAILS TO RESPOND TIMELY TO SUCH NOTICE OF TOLL DUE
 WITHIN THIRTY DAYS OF THE DATE THE NOTICE WAS SENT, A SECOND  NOTICE  OF
 TOLL DUE SHALL BE SENT. SUCH SECOND NOTICE OF TOLL DUE MAY INCLUDE A FEE
 FOR LATE PAYMENT, BUT IN NO CASE SHALL SUCH FEE EXCEED FIVE DOLLARS. THE
 OWNER SHALL HAVE THIRTY DAYS FROM THE DATE THE SECOND NOTICE WAS SENT TO
 PAY THE ASSESSED TOLL AND ANY FEE.
   (C)  IF  AN OWNER FAILS TO RESPOND TIMELY TO THE SECOND NOTICE OF TOLL
 DUE THE AUTHORITY WHICH OPERATES THE CASHLESS TOLLING FACILITY SHALL  BE
 AUTHORIZED  TO SEND A NOTICE OF LIABILITY. THE NOTICE OF LIABILITY SHALL
 CONTAIN THE INFORMATION DESCRIBED IN SUBDIVISION SEVEN OF SECTION  TWEN-
 TY-NINE  HUNDRED  EIGHTY-FIVE OF THIS TITLE. THE OWNER SHALL HAVE NINETY
 DAYS FROM THE DATE SUCH NOTICE OF LIABILITY WAS  SENT  TO  (I)  PAY  THE
 ASSESSED TOLL OR (II) CONTEST THE NOTICE.
   (D)  IF  AN  OWNER  FAILS  TO RESPOND TO THE NOTICE OF LIABILITY OR IS
 FOUND LIABLE FOR THE ASSESSED TOLL, THE OWNER SHALL PAY (I) THE ASSESSED
 TOLL; (II) ANY FEES SET BY THE AUTHORITY, PROVIDED,  HOWEVER,  THAT  THE

 S. 8946                             6
 
 TOTAL  AMOUNT  OF FEES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF
 THE TOLL; AND (III) A MONETARY PENALTY WHICH SHALL EQUAL TO  TWENTY-FIVE
 DOLLARS OR DOUBLE THE AMOUNT OF THE TOLL DUE, WHICHEVER IS GREATER.
   3.  EVERY  PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
 SHALL PROMULGATE RULES AND REGULATIONS  THAT  ESTABLISH  AN  INSTALLMENT
 PAYMENT  PLAN FOR THE PAYMENT OF ANY TOLL INCURRED AT A CASHLESS TOLLING
 FACILITY. INFORMATION RELATED TO SUCH PLAN  SHALL  BE  INCLUDED  IN  THE
 NOTICE  OF  TOLL  DUE AND THE NOTICE OF LIABILITY AND SHALL BE DISPLAYED
 CONSPICUOUSLY ON THE AUTHORITIES' WEBSITE. EACH OWNER,  AT  HIS  OR  HER
 ELECTION,  MAY  PARTICIPATE IN SUCH PLAN. THE AUTHORITY SHALL NOT CHARGE
 ANY ADDITIONAL FEES OR PENALTIES FOR ENROLLMENT INTO A PAYMENT PLAN.
   4. EVERY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS  TOLLING  FACILITY
 SHALL ESTABLISH A PROCEDURE WITH WHICH A PERSON ALLEGED TO BE LIABLE MAY
 CONTEST  SUCH  ALLEGED LIABILITY OR TOLL DUE INCLUDING A HEARING AND THE
 RIGHT TO APPEAL. THE NOTICE OF TOLL DUE AND NOTICE  OF  LIABILITY  SHALL
 CONTAIN  INFORMATION  ADVISING  THE PERSON CHARGED OF THE MANNER AND THE
 TIME IN WHICH HE OR SHE MAY CONTEST THE ASSESSED TOLL AND ANY  LIABILITY
 ALLEGED IN THE NOTICE.
   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.
   6. (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  THOU-
 SAND DOLLARS OR MORE. THE AUTHORITY SHALL OBTAIN A DEFAULT JUDGMENT IN A
 COURT  OR  ADMINISTRATIVE  TRIBUNAL  WITH JURISDICTION OVER THE ASSESSED
 TOLL BEFORE SELLING OR TRANSFERRING ANY DEBT TO A DEBT COLLECTION  AGEN-
 CY.
   (B) A NOTICE SHALL BE SENT BY FIRST CLASS MAIL ADVISING THE OWNER THAT
 THE  ABOVE  DEBT 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.
   (C)  FOR  PURPOSES  OF THIS SUBDIVISION "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 LIMIT-
 ED  TO, INITIATING OR USING LEGAL PROCESSES OR OTHER MEANS TO COLLECT OR
 ATTEMPT TO COLLECT SUCH DEBT.
   7. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  LAW,  ORDER,  RULE  OR
 REGULATION  TO THE CONTRARY, NO REGISTRATION OF A MOTOR VEHICLE SHALL BE
 SUSPENDED RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLL-
 ING FACILITY AS DESCRIBED IN THIS SECTION AND THE COMMISSIONER OF  MOTOR
 VEHICLES SHALL NOT SUSPEND THE REGISTRATION OF A MOTOR VEHICLE RESULTING
 FROM  AN  OBLIGATION  TO  PAY  A  TOLL AT A CASHLESS TOLLING FACILITY AS
 DESCRIBED IN THIS SECTION.
   8. EVERY PUBLIC AUTHORITY WHICH 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 FOR SUFFICIENT METHODS TO

 S. 8946                             7
 
 OBTAIN AN ELECTRONIC DEVICE FOR THE CHARGING OF TOLLS THROUGH  AN  ELEC-
 TRONIC  TOLL  COLLECTION  SYSTEM  AS  DEFINED  IN  SUBDIVISION TWELVE OF
 SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE, INCLUDING  MAKING
 SUCH  DEVICES  AVAILABLE  AT  ANY  REST  AREA  OWNED OR OPERATED BY EACH
 AUTHORITY. ANY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILI-
 TY SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
 RECEIVE UPDATED INFORMATION ON ANY TOLLS OR FEES WHICH ARE  OUTSTANDING,
 INCLUDING,  WHERE FEASIBLE, THE RECEIVING OF SUCH UPDATED INFORMATION BY
 ELECTRONIC MAIL OR TEXT MESSAGE. SUCH WEBSITE AND PHONE NUMBER SHALL  BE
 INCLUDED  ON  ANY  NOTICE OF TOLL DUE OR NOTICE OF LIABILITY SENT BY THE
 AUTHORITY.
   § 4. a. Within 90 days of the effective date of this act, the  Tribor-
 ough  bridge and tunnel authority, the public authority created pursuant
 to chapter 870 of the laws of 1939, herein after  the  authority,  shall
 implement an amnesty program for any person who owes tolls, fines, fees,
 or  penalties for a toll incurred at any cashless tolling facility oper-
 ated by the authority. Such amnesty program shall be at least five weeks
 in duration, and shall be available for any toll obligation incurred  on
 or after November 1, 2016. The amnesty program shall also be made avail-
 able  for  any  toll  obligation incurred at a cashless tolling facility
 operated by the authority that has been referred to a  debt  collections
 agency  or has resulted in the suspension of a vehicle registration. The
 amnesty program shall provide for the waiver of  all  fees,  fines,  and
 penalties  associated with an outstanding toll balance if such outstand-
 ing toll balance is paid in full by the end of the amnesty program. Upon
 payment of an outstanding toll balance  in  full,  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  has  paid  in full the outstanding balance owed through the amnesty
 program.
   b. The authority shall undertake a public awareness campaign for  such
 amnesty  program,  and shall maintain a public website for any person to
 receive information on any outstanding tolls such person is liable  for.
 The  authority shall provide for sufficient methods to pay the outstand-
 ing toll balances, including but not limited to, by phone, by  mail,  or
 through  the  internet.  The  authority shall, no later than thirty days
 preceding the commencement of the amnesty program, send by  first  class
 mail  notice  to  all  persons  with  outstanding toll balances of their
 eligibility for the amnesty program.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective  immediately,  any  authority  or
 agency  shall take any actions necessary to adopt, amend or repeal regu-
 lations in order to implement the provisions of this act by such  effec-
 tive date.