Assembly Bill A5214B

2023-2024 Legislative Session

Relates to owner liability for failure of operators to comply with toll collection regulations; repealer

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Sponsored By

Current Bill Status - Stricken


  • 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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Bill Amendments

co-Sponsors

2023-A5214 - Details

See Senate Version of this Bill:
S492
Law Section:
Public Authorities Law
Laws Affected:
Amd §2985, rpld §5985 subs 7 - 12, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6113
2021-2022: S3587

2023-A5214 - Summary

Relates to owner liability for failure of operators to comply with toll collection regulations; requires public authorities to send a notice to owners upon incurring an obligation to pay a toll; provides for the adjudication of such liability and defenses to an allegation of liability; repeals certain provisions of law relating thereto.

2023-A5214 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5214
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. BURGOS, RIVERA -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to enacting  the
   "toll  payer protection act"; to amend the vehicle and traffic law, in
   relation to penalties for concealing   and obscuring  license  plates;
   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.
   (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.
                                                            LBD02773-04-3
              

co-Sponsors

2023-A5214A - Details

See Senate Version of this Bill:
S492
Law Section:
Public Authorities Law
Laws Affected:
Amd §2985, rpld §5985 subs 7 - 12, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6113
2021-2022: S3587

2023-A5214A - Summary

Relates to owner liability for failure of operators to comply with toll collection regulations; requires public authorities to send a notice to owners upon incurring an obligation to pay a toll; provides for the adjudication of such liability and defenses to an allegation of liability; repeals certain provisions of law relating thereto.

2023-A5214A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5214--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. BURGOS, RIVERA -- read once and referred to the
   Committee on Corporations, Authorities and  Commissions  --  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 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. Short title. This act shall be known and may  be  cited  as
 the "toll payer protection act".
   § 2. Subdivisions 3, 4 and 5 of section 2985 of the public authorities
 law,  as added by chapter 379 of the laws of 1992, are amended and a new
 subdivision 4-a is added to read as follows:
   3. For purposes of this section, the [term] FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "owner" shall mean any  person,  corporation,  partnership,  firm,
 agency,  association,  lessor  or  organization who, [at the time of the
 violation and] with respect to the vehicle identified in the  notice  of
 liability:  [(a)] (I) is the beneficial or equitable owner of such vehi-
 cle; or [(b)] (II) has title to such vehicle;  or  [(c)]  (III)  is  the
 registrant or co-registrant of such vehicle which is registered with the
 department  of motor vehicles of this state or any other state, territo-
 ry, district, province, nation or  other  jurisdiction;  or  [(d)]  (IV)
 subject  to  the limitations set forth in subdivision [ten] NINE of this
 section, uses such vehicle in its vehicle renting and/or  leasing  busi-
 ness; and (V) 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]
   (B) "photo-monitoring system" shall mean a vehicle sensor installed to
 work in conjunction with a toll collection facility which  automatically
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02773-05-3
              

co-Sponsors

2023-A5214B (ACTIVE) - Details

See Senate Version of this Bill:
S492
Law Section:
Public Authorities Law
Laws Affected:
Amd §2985, rpld §5985 subs 7 - 12, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6113
2021-2022: S3587

2023-A5214B (ACTIVE) - Summary

Relates to owner liability for failure of operators to comply with toll collection regulations; requires public authorities to send a notice to owners upon incurring an obligation to pay a toll; provides for the adjudication of such liability and defenses to an allegation of liability; repeals certain provisions of law relating thereto.

2023-A5214B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5214--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BURGOS, RIVERA, EICHENSTEIN -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  -- reported and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  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 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.  Short  title. This act shall be known and may be cited as
 the "toll payer protection act".
   § 2. Subdivisions 3, 4 and 5 of section 2985 of the public authorities
 law, as added by chapter 379 of the laws of 1992, are amended and a  new
 subdivision 4-a is added to read as follows:
   3. For purposes of this section, the [term] FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "owner"  shall  mean  any person, corporation, partnership, firm,
 agency, association, lessor or organization who, [at  the  time  of  the
 violation  and]  with respect to the vehicle identified in the notice of
 liability: [(a)] (I) is the beneficial or equitable owner of such  vehi-
 cle;  or  [(b)]  (II)  has  title to such vehicle; or [(c)] (III) is the
 registrant or co-registrant of such vehicle which is registered with the
 department of motor vehicles of this state or any other state,  territo-
 ry,  district,  province,  nation  or  other jurisdiction; or [(d)] (IV)
 subject to the limitations set forth in subdivision [ten] NINE  of  this
 section,  uses  such vehicle in its vehicle renting and/or leasing busi-
 ness; and (V) includes [(e)] a person entitled to the use and possession
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02773-08-4
              

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