S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  492--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. COMRIE, ADDABBO, MANNION, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation   --   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"; 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02773-03-3
 S. 492--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
 S. 492--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
 S. 492--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
 S. 492--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.
 S. 492--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.
 S. 492--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;
 S. 492--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  non-
 commercial motor vehicles owned by persons who, with respect to any toll
 obligation  incurred on or after November 1, 2016 and before May 1, 2022
 at a cashless tolling facility operated by  the  authority,  owe  tolls,
 fines, fees, or penalties exceeding the schedule established pursuant to
 section  2985-a  of  the public authorities law; 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 the authority shall
 waive all fees, fines, and penalties  associated  with  the  outstanding
 toll  balance,  and 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 suspen-
 sion 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
 S. 492--A                           9

 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. Subdivision 8 of section 402 of the vehicle and traffic law,   as
 amended by chapter 451 of the laws of 2021, is amended and a new section
 402-b is added to read as follows:
   8.  A  violation  of this section shall be punishable by a fine of not
 less than twenty-five nor more than two hundred dollars, except  that  a
 violation of subparagraph (ii) or subparagraph (iii) of paragraph (b) of
 subdivision  one  of  this  section shall be punishable by a fine of not
 less than fifty nor more than three hundred dollars AND SHALL BE SUBJECT
 TO THE PROVISIONS OF SECTION FOUR HUNDRED  TWO-B  OF  THIS  ARTICLE  AND
 SUBDIVISION FOUR-H OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
   §  402-B.  OBSCURED AND OBSTRUCTED LICENSE PLATES; SEIZURE AND REMOVAL
 PROCEDURES. 1. (A) UPON MAKING AN ARREST OR UPON ISSUING A SUMMONS OR AN
 APPEARANCE TICKET FOR A VIOLATION OF SUBPARAGRAPH (II)  OR  SUBPARAGRAPH
 (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
 THIS  ARTICLE COMMITTED IN HIS OR HER PRESENCE, AN OFFICER MAY REMOVE OR
 ARRANGE FOR THE REMOVAL OF ANY COVERING OR COATING WITH  ANY  ARTIFICIAL
 OR  SYNTHETIC  MATERIAL  OR SUBSTANCE AFFIXED OVER   THE  NUMBER  PLATES
 WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES
 OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR  PHOTOGRAPHIC  IMAGE.    THE
 OWNER  OF  THE VEHICLE WHO SUCH NUMBER PLATES WERE ISSUED TO SHALL  HAVE
 ONE WEEK FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE ANY ARTIFICIAL
 OR SYNTHETIC MATERIAL OR SUBSTANCE THAT CONCEALS  OR    OBSCURES    SUCH
 NUMBER  PLATES  OR TO PURCHASE NEW NUMBER PLATES. A SUMMONS SHALL NOT BE
 ISSUED IF, IN THE DISCRETION AND AT THE REQUEST  OF  SUCH  OFFICER,  THE
 DEFECT  IS  CORRECTED  IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A
 POLICE OFFICER TO PERMIT THE REPAIR OF ANY DEFECT IN HIS OR HER PRESENCE
 SHALL NOT BE REVIEWABLE, AND SHALL NOT BE A  DEFENSE  TO  ANY  VIOLATION
 CHARGED IN A SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (B)  ANY  COMPLAINT  ISSUED  FOR ANY VIOLATION OF SUBPARAGRAPH (II) OR
 SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  FOUR
 HUNDRED  TWO  OF  THIS  ARTICLE IN WHICH THE COATING OR COVERING WAS NOT
 SEIZED MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS IS RETURN-
 ABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS CORRECTED NOT LATER
 THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY AFTER THE
 ISSUANCE OF THE SUMMONS AND PROOF OF SUCH CORRECTION IS SUBMITTED TO THE
 COURT. FOR THE PURPOSES OF THIS SUBDIVISION, "BUSINESS DAY"  SHALL  MEAN
 ANY  CALENDAR  DAY EXCEPT SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS
 HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPEND-
 ENCE DAY, LABOR DAY, COLUMBUS DAY, VETERANS' DAY, THANKSGIVING DAY,  AND
 CHRISTMAS DAY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  THE  TERM  "OWNER"  SHALL MEAN AN OWNER AS DEFINED IN SECTION ONE
 HUNDRED TWENTY-EIGHT AND IN SUBDIVISION THREE OF SECTION  THREE  HUNDRED
 EIGHTY-EIGHT OF THIS CHAPTER.
   (B)  THE  TERM "TERMINATION OF THE PROCEEDING" SHALL MEAN THE EARLIEST
 OF (I) THIRTY-ONE DAYS FOLLOWING THE IMPOSITION OF SENTENCE; OR (II) THE
 DATE OF ACQUITTAL OF A  PERSON  ARRESTED  FOR  AN  OFFENSE  OR  DATE  OF
 DISMISSAL OF A COMPLAINT; OR (III) WHERE LEAVE TO FILE NEW CHARGES OR TO
 RESUBMIT  THE CASE IS REQUIRED AND HAS NOT BEEN GRANTED, THIRTY-ONE DAYS
 FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED  IN  THE
 CASE,  OR,  IF  APPLICABLE,  UPON  EXPIRATION OF THE TIME GRANTED BY THE
 S. 492--A                          10
 
 COURT OR TRIBUNAL OR PERMITTED BY STATUTE  FOR  FILING  NEW  CHARGES  OR
 RESUBMITTING  THE  CASE;  OR  (IV) WHERE LEAVE TO FILE NEW CHARGES OR TO
 RESUBMIT THE  CASE  IS  NOT  REQUIRED,  THIRTY-ONE  DAYS  FOLLOWING  THE
 DISMISSAL  OF  THE  LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF
 APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR  PERMIT-
 TED  BY  STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (V)
 THE DATE WHEN, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT AGAINST A
 PERSON CHARGED WITH A VIOLATION OF  SUBPARAGRAPH  (II)  OR  SUBPARAGRAPH
 (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF
 THIS  ARTICLE,  THE  PROSECUTING  AUTHORITY ELECTS NOT TO PROSECUTE SUCH
 PERSON.
   3. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR  SYNTHETIC  MATERIAL
 OR  SUBSTANCE  AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
 THE ABILITY TO EASILY READ  SUCH  NUMBER  PLATES  OR  THAT  DISTORTS  OR
 OBSTRUCTS  A  RECORDED  OR PHOTOGRAPHIC IMAGE WHICH HAS BEEN OR IS BEING
 USED IN VIOLATION OF SUBPARAGRAPH (II) OR SUBPARAGRAPH  (III)  OF  PARA-
 GRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE
 MAY  BE  SEIZED  BY  ANY  PEACE  OFFICER,  ACTING PURSUANT TO HIS OR HER
 SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED AS HEREINAFTER PROVIDED
 IN THIS SECTION.
   4. ANY COVERING OR COATING WITH ANY ARTIFICIAL OR  SYNTHETIC  MATERIAL
 OR  SUBSTANCE  AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
 THE ABILITY TO EASILY READ  SUCH  NUMBER  PLATES  OR  THAT  DISTORTS  OR
 OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE MAY BE SEIZED UPON SERVICE OF
 A  NOTICE  OF  VIOLATION  UPON  THE  OWNER OR OPERATOR OF A VEHICLE. THE
 SEIZED COVERING OR COATING SHALL BE DELIVERED BY THE OFFICER HAVING MADE
 THE SEIZURE TO THE CUSTODY OF THE DISTRICT ATTORNEY OF THE COUNTY WHERE-
 IN THE SEIZURE WAS MADE, EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS,
 ROCHESTER AND BUFFALO THE SEIZED COVERING OR COATING SHALL BE  DELIVERED
 TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES AND SUCH COVERING
 OR  COATING  SEIZED  BY A MEMBER OR MEMBERS OF THE STATE POLICE SHALL BE
 DELIVERED TO THE CUSTODY OF THE SUPERINTENDENT OF STATE POLICE, TOGETHER
 WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.  WITHIN
 ONE  BUSINESS DAY AFTER THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY
 OF THE NOTICE OF VIOLATION SHALL BE MAILED TO THE  OWNER  OF  THE  MOTOR
 VEHICLE  ON WHICH THE COVERING OR COATING WAS AFFIXED AT THE ADDRESS FOR
 SUCH OWNER SET FORTH IN THE RECORDS  MAINTAINED  BY  THE  DEPARTMENT  OF
 MOTOR  VEHICLES  OR, FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH
 EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION.
   5. (A) THE ATTORNEY GENERAL, IN  SEIZURES  BY  MEMBERS  OF  THE  STATE
 POLICE,  OR  THE  DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE IS
 MADE IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER  OR
 BUFFALO,  OR  WHERE  THE  SEIZURE IS MADE IN SUCH CITIES THE CORPORATION
 COUNSEL OF THE CITY, SHALL INQUIRE INTO THE  FACTS  OF  THE  SEIZURE  SO
 REPORTED  TO  HIM  OR  HER.  IF IT APPEARS THAT THERE IS A BASIS FOR THE
 COMMENCEMENT AND PROSECUTION OF A CRIME OR TRAFFIC  INFRACTION  PURSUANT
 TO  THIS  SECTION,  THE COVERING OR COATING WHICH IS THE SUBJECT OF SUCH
 PROCEEDINGS SHALL REMAIN IN  THE  CUSTODY  OF  SUCH  DISTRICT  ATTORNEY,
 POLICE  DEPARTMENT  OR  SUPERINTENDENT  OF  STATE POLICE, AS APPLICABLE,
 PENDING THE FINAL DETERMINATION OF SUCH PROCEEDINGS.
   (B) TO THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A  OF
 THE  CIVIL  PRACTICE  LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS
 UNDER THIS SECTION.
   6. NOTICE OF THE SEIZURE OF THE COVERING OR COATING SHALL BE SERVED BY
 PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES  UPON  ALL
 OWNERS  OF  THE SEIZED MOTOR VEHICLE LISTED IN THE RECORDS MAINTAINED BY
 S. 492--A                          11
 
 THE DEPARTMENT, OR FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, IN THE
 RECORDS MAINTAINED BY THE STATE OF REGISTRATION.
   7.  NO  ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE INSTI-
 TUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS  AFTER  THE  TIME
 WHEN THE COATING OR COVERING WAS SEIZED.
   8.  THE  MUNICIPAL  POLICE TRAINING COUNCIL AS ESTABLISHED PURSUANT TO
 ARTICLE THIRTY-FIVE OF THE EXECUTIVE  LAW,  AND  THE  SUPERINTENDENT  OF
 STATE  POLICE,  MAY DEVELOP,   MAINTAIN   AND   DISSEMINATE, A MODEL LAW
 ENFORCEMENT PROPERTY DISPOSAL POLICY SETTING FORTH RECOMMENDED  POLICIES
 AND PROCEDURES REGARDING DISPOSAL OF COATINGS OR COVERINGS SEIZED PURSU-
 ANT TO THIS SECTION.
   § 6. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 4-h to read as follows:
   4-H.  SUSPENSION  OF  REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
 ANY  ARTIFICIAL OR SYNTHETIC  MATERIAL  OR  SUBSTANCE  THAT  CONCEALS OR
 OBSCURES  NUMBER  PLATES OR THE PURCHASE OF NEW NUMBER PLATES.  UPON THE
 RECEIPT OF A NOTIFICATION FROM A COURT  OR  AN  ADMINISTRATIVE  TRIBUNAL
 THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH THE PROVISIONS OF
 SECTION  FOUR  HUNDRED TWO-B OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
 HER AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN  THE
 VIOLATION  AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
 THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATISFIED
 THE REQUIREMENTS OF SUCH SECTION.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however that sections two,  three,
 five  and six 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  492--B
     Cal. No. 114
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO, JACKSON, MANNION, SKOUFIS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Transportation  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee  on  Transportation in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02773-10-4
 S. 492--B                           2
 
 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
 produces one or more photographs, one or more microphotographs, a  vide-
 otape  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]
   (C)  "toll  collection  regulations" shall mean: those rules and regu-
 lations 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]
   (D) "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.
   (E) "VIOLATION" SHALL MEAN THE FAILURE OF AN OWNER TO PAY  AN ASSESSED
 TOLL ASSOCIATED WITH THE THIRD NOTICE OF LIABILITY PURSUANT TO  SUBDIVI-
 SION FIVE OF THIS SECTION.
   4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
 authority which charged that [the violation occurred] A LIABILITY FOR AN
 OBLIGATION TO PAY A TOLL HAS INCURRED, or  a  facsimile  thereof,  based
 upon  inspection  of  photographs,  microphotographs, videotape 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]
 LIABILITY FOR A TOLL, provided that any  photographs,  microphotographs,
 videotape or other recorded images evidencing such [a violation] LIABIL-
 ITY  FOR  A  TOLL  shall  be available for inspection and admission into
 evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
 [violation] TOLL.
   4-A.  IN  ADOPTING  PROCEDURES  FOR  THE  PREPARATION AND MAILING OF A
 NOTICE OF LIABILITY PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  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.
   5.  (A)    THE  PUBLIC AUTHORITY SHALL, WITHIN THIRTY DAYS OF AN OWNER
 INCURRING AN OBLIGATION TO PAY A TOLL, SEND A FIRST NOTICE OF  LIABILITY
 BY FIRST-CLASS MAIL TO SUCH OWNER.  SUCH FIRST NOTICE OF LIABILITY SHALL
 INCLUDE:  (I) THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER AND VEHICLE
 REGISTRATION FOR EACH TOLL INCURRED; (II) THE IDENTIFICATION  NUMBER  OF
 THE PHOTO-MONITORING SYSTEM WHICH RECORDED THE IMPOSITION OF THE TOLL OR
 OTHER  DOCUMENT  LOCATOR NUMBER; (III) THE TOTAL AMOUNT OF THE TOLL DUE;
 (IV) THE DATE BY WHICH THE TOLL  MUST  BE  PAID;  (V)  THE  ADDRESS  FOR
 RECEIPT   OF  PAYMENT  AND  METHODS  OF  PAYMENT  FOR THE TOLL; (VI) THE
 PROCEDURE FOR CONTESTING ANY TOLL;  (VII)  INFORMATION  RELATED  TO  THE
 FAILURE  TO TIMELY PAY OR RESPOND TO THE NOTICE OF LIABILITY; (VIII) THE
 TIME-STAMPED PHOTOGRAPHS OR FOOTAGE OF EACH TOLL INCURRED; AND (IX)  ANY
 OTHER  INFORMATION  REQUIRED BY LAW OR BY THE AUTHORITY. THE OWNER SHALL
 S. 492--B                           3
 
 HAVE THIRTY DAYS FROM THE DATE SUCH FIRST NOTICE OF LIABILITY  WAS  SENT
 TO PAY THE  ASSESSED TOLL OR APPEAL SUCH LIABILITY.
   (B)   IF   AN OWNER FAILS TO PAY THE ASSESSED TOLL ASSOCIATED WITH THE
 FIRST NOTICE OF LIABILITY WITHIN THIRTY DAYS OF INCURRING AN  OBLIGATION
 TO  PAY  A  TOLL,  THE  PUBLIC  AUTHORITY  SHALL SEND A SECOND NOTICE OF
 LIABILITY BY FIRST-CLASS MAIL WITHIN THIRTY DAYS OF THE DATE  THE  OWNER
 WAS  REQUIRED  TO RESPOND TO SUCH FIRST NOTICE OF LIABILITY. SUCH SECOND
 NOTICE OF LIABILITY MAY INCLUDE A PENALTY FOR LATE PAYMENT, WHICH  SHALL
 NOT  EXCEED  FIVE  DOLLARS  AND SHALL INCLUDE ALL OF   THE   INFORMATION
 REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.  THE OWNER SHALL
 HAVE THIRTY DAYS FROM THE DATE SUCH SECOND NOTICE OF LIABILITY WAS  SENT
 TO PAY THE ASSESSED TOLL AND PENALTIES,  OR APPEAL SUCH LIABILITY.
   (C)  IF  AN  OWNER  FAILS TO PAY THE ASSESSED TOLL ASSOCIATED WITH THE
 SECOND NOTICE OF LIABILITY WITHIN THIRTY DAYS OF  THE  MAILING  OF  SUCH
 SECOND NOTICE OF LIABILITY ESTABLISHED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION, THE PUBLIC AUTHORITY SHALL SEND BY FIRST-CLASS MAIL A THIRD NOTICE
 OF  LIABILITY  WITHIN  THIRTY DAYS OF THE DATE THE OWNER WAS REQUIRED TO
 RESPOND TO SUCH SECOND NOTICE OF LIABILITY. THE THIRD NOTICE OF  LIABIL-
 ITY  MAY  INCLUDE  A  PENALTY  WHICH SHALL BE TWENTY-FIVE DOLLARS OR TWO
 TIMES THE TOLL EVADED, WHICHEVER IS GREATER AND SHALL INCLUDE ALL OF THE
 INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.  THE
 OWNER  SHALL HAVE THIRTY DAYS FROM THE DATE SUCH THIRD NOTICE OF LIABIL-
 ITY WAS SENT TO PAY THE ASSESSED TOLL AND   PENALTIES,  OR  APPEAL  SUCH
 LIABILITY.
   (D)  IF  THE  PUBLIC  AUTHORITY  FAILS TO SEND ANY NOTICE OF LIABILITY
 WITHIN THE TIMEFRAMES SET FORTH IN THIS SUBDIVISION, THE OWNER SHALL NOT
 BE LIABLE FOR PAYMENT OF THE TOLLS, OR ANY PENALTY ESTABLISHED OR  ASSO-
 CIATED WITH SUCH NOTICE OF LIABILITY.
   (E)  ANY  FIRST  NOTICE OF LIABILITY REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION TO BE SENT BY FIRST-CLASS MAIL MAY INSTEAD BE SENT BY  ELEC-
 TRONIC  MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER
 IN A FORM PRESCRIBED  BY  THE  AUTHORITY.  ANY  AFFIRMATIVE  CONSENT  TO
 RECEIVE A FIRST NOTICE OF LIABILITY BY ELECTRONIC MEANS SHALL BE REVOCA-
 BLE  BY  THE  OWNER  AT ANY TIME WITH NOTICE TO THE PUBLIC AUTHORITY AND
 SHALL AUTOMATICALLY BE DEEMED REVOKED IF  THE  AUTHORITY  IS  UNABLE  TO
 DELIVER  TWO  CONSECUTIVE  NOTICES BY ELECTRONIC MEANS OF COMMUNICATION.
 ANY SUCH AFFIRMATIVE CONSENT SHALL BE A SEPARATE  CONSENT  AND  SEPARATE
 SIGNATURE.
   5-A.  An  owner found liable for a violation [of toll collection regu-
 lations pursuant to this section], AS DEFINED IN  SUBDIVISION  THREE  OF
 THIS  SECTION, shall for a first violation thereof be liable for a mone-
 tary penalty [not to exceed fifty dollars or two times the  toll  evaded
 whichever  is  greater]  IN  ACCORDANCE  WITH  SUBDIVISION  FIVE OF THIS
 SECTION; for a second violation thereof both within eighteen  months  be
 liable  for a monetary penalty not to exceed [one hundred] FIFTY 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.
   §  3.  Subdivisions  7,  8, 9, 10 and 11 of section 2985 of the public
 authorities law are REPEALED and four new subdivisions 7, 8,  9  and  10
 are added to read as follows:
   7.  EVERY  PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY,
 TOLLS BY MAIL PROGRAM, OR ANY PHOTO-MONITORING SYSTEM  SHALL  PROMULGATE
 RULES AND REGULATIONS ESTABLISHING A PROCEDURE BY WHICH A PERSON ALLEGED
 TO  BE   LIABLE FOR THE PAYMENT OF A TOLL OR A VIOLATION MAY APPEAL SUCH
 S. 492--B                           4

 ALLEGED LIABILITY OR VIOLATION. SUCH RULES AND REGULATIONS SHALL  ENSURE
 SUCH  PUBLIC  AUTHORITY  COMPLETES  ITS INVESTIGATION AND ISSUES, WITHIN
 THIRTY DAYS, TO THE OWNER A FINAL WRITTEN DETERMINATION  OF  ANY  APPEAL
 PURSUANT  TO  THIS SECTION. SUCH WRITTEN DETERMINATION SHALL INCLUDE THE
 RELEVANT FACTS ESTABLISHED, THE  REASONS  FOR  THE  DETERMINATION,  WHAT
 ACTIONS  MUST  BE  TAKEN  BY  THE OWNER IN ASSOCIATION WITH THE DETERMI-
 NATION, AND WHAT FURTHER PROCEDURES ARE AVAILABLE TO THE OWNER.
   8. 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  OBLI-
 GATION 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 THE
 CITY OF NEW YORK AND UPON THE CONSENT OF BOTH  PARTIES,  IN  ANY  COUNTY
 WITHIN  THE  CITY  OF NEW YORK IN WHICH THE PUBLIC AUTHORITY 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 REGU-
 LATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS THE CASE MAY BE.
   9. 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 INCURRING A TOLL PURSUANT
 TO 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 NOTICE OF LIABILITY, PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION, 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; AND
   (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 HAS BEEN
 SUBMITTED TO THE PUBLIC AUTHORITY, COURT OR OTHER ENTITY  HAVING  JURIS-
 DICTION  WITHIN  SIXTY  DAYS OF THE LESSOR RECEIVING THE FIRST NOTICE OF
 LIABILITY PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.   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 PUBLIC AUTHORITY, COURT OR OTHER ENTITY HAVING  JURISDIC-
 TION, DEEMS THE LESSEE TO BE THE OWNER.
   10.  IF  THE  OWNER  LIABLE  FOR  A TOLL OR VIOLATION PURSUANT TO THIS
 SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE  TIME  THE  TOLL  WAS
 INCURRED,  SUCH OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
 THE OPERATOR.
   § 4. Subdivision 12 of section 2985 of the public authorities  law  is
 REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 11 and
 12.
 S. 492--B                           5
 
   § 5. Subdivision 12 of section 2985 of the public authorities law,  as
 added  by  chapter  379 of the laws of 1992 and as renumbered by section
 four of this act, is amended to read as follows:
   12.  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, INCLUDING ANY SUBSIDIARY OR CONTRACTOR INVOLVED IN IMPLEMENT-
 ING OR OPERATING ANY CASHLESS TOLLING FACILITY, PHOTO-MONITORING SYSTEM,
 ELECTRONIC  TOLL  COLLECTION  SYSTEM  OR TOLL BY MAIL PROGRAM, shall not
 sell, distribute or make available in any way, the names  and  addresses
 of  electronic toll collection system account holders, OR ANY OWNER THAT
 PARTICIPATES IN, OR IS SUBJECT TO, SUCH  SYSTEMS  OR  PROGRAMS,  without
 such  account  holders'  OR  OWNERS' 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-
 mation between any entities with jurisdiction over [and] SUCH SYSTEM  OR
 PROGRAMS  or  [operating]  THE OPERATION OF a toll highway bridge and/or
 tunnel facility.
   § 6. Section 2985 of the public authorities law is amended  by  adding
 three new subdivisions 13, 14 and 15 to read as follows:
   13.  (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PUBLIC
 AUTHORITY WHICH OPERATES A CASHLESS TOLLING  FACILITY,  PHOTO-MONITORING
 SYSTEM, ELECTRONIC TOLL COLLECTION SYSTEM OR TOLLS BY MAIL PROGRAM SHALL
 SELL  OR  TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER FOR
 INCURRING A TOLL TO A DEBT COLLECTION AGENCY UNLESS ONE YEAR HAS  PASSED
 FROM  THE  DATE THE PUBLIC AUTHORITY SENT THE FIRST NOTICE OF LIABILITY,
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, TO THE OWNER OR THE  OWNER
 HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF ONE THOUSAND DOLLARS OR
 MORE. THE PUBLIC AUTHORITY SHALL NOT SELL OR TRANSFER ANY DEBT TO A DEBT
 COLLECTION  AGENCY  UNLESS  SUCH PUBLIC 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.
   14.  EVERY PUBLIC AUTHORITY THAT OPERATES ANY CASHLESS TOLLING FACILI-
 TY, PHOTO-MONITORING SYSTEM, ELECTRONIC TOLL COLLECTION SYSTEM OR  TOLLS
 BY  MAIL  PROGRAM  SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH
 THE ABILITY FOR OWNERS TO ENTER INTO INSTALLMENT PAYMENT PLANS  FOR  THE
 PAYMENT  OF  ANY  TOLL  AND/OR  PENALTY INCURRED AS PART OF ANY CASHLESS
 TOLLING FACILITY, PHOTO-MONITORING SYSTEM,  ELECTRONIC  TOLL  COLLECTION
 SYSTEM  OR TOLLS BY MAIL PROGRAM. INFORMATION RELATED TO SUCH PLAN SHALL
 BE INCLUDED IN ANY NOTICE OF LIABILITY PURSUANT TO SUBDIVISION  FIVE  OF
 THIS  SECTION  AND  SHALL  BE DISPLAYED CONSPICUOUSLY ON THE AUTHORITY'S
 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 ENROLLMENT IN A PAYMENT PLAN.
   15. EVERY PUBLIC AUTHORITY THAT OPERATES  OR  MAINTAINS  ANY  CASHLESS
 TOLLING  FACILITY,  PHOTO-MONITORING  SYSTEM, ELECTRONIC TOLL COLLECTION
 SYSTEM OR TOLLS BY MAIL PROGRAM SHALL SUBMIT AN ANNUAL  REPORT  ON  SUCH
 SYSTEM OR PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 S. 492--B                           6
 
 AND  THE  SPEAKER OF THE ASSEMBLY AND POST SUCH REPORT ON ITS WEBSITE ON
 OR BEFORE JANUARY SECOND EACH YEAR. SUCH REPORT SHALL INCLUDE,  BUT  NOT
 BE  LIMITED  TO,  THE  FOLLOWING INFORMATION RELATING TO THE IMMEDIATELY
 PRECEDING CALENDAR YEAR:
   (A)  THE  LOCATIONS WHERE VEHICLE SENSORS FOR PHOTO-MONITORING 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 ELEC-
 TRONIC TOLL COLLECTION SYSTEM 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 NOTICE OF LIABILITY PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,
 THE  NUMBER  OF  OWNERS THAT PAID THEIR  TOLL UPON RECEIPT OF THE SECOND
 NOTICE OF LIABILITY PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  THE
 NUMBER  OF  OWNERS THAT PAID THEIR TOLL UPON RECEIPT OF THE THIRD NOTICE
 OF LIABILITY PURSUANT TO SUBDIVISION  FIVE  OF  THIS  SECTION,  AND  THE
 NUMBER  OF OWNERS WHOSE NOTICES WERE RETURNED TO THE PUBLIC AUTHORITY AS
 UNDELIVERABLE;
   (E) THE NUMBER OF OWNERS THAT WERE CHARGED FEES OR PENALTIES  PURSUANT
 TO  THIS SECTION, AND THE AGGREGATE AMOUNT OF FEES OR PENALTIES, INCLUD-
 ING FEES OR PENALTIES FOR LATE PAYMENTS, AND FEES OR PENALTIES COLLECTED
 BY THE AUTHORITY BROKEN DOWN BY THE CATEGORY OF SUCH FEES OR PENALTIES;
   (F) THE NUMBER OF OWNERS THAT  DISPUTED  A  NOTICE  PURSUANT  TO  THIS
 SECTION, INCLUDING A BREAKDOWN OF THE NUMBER OF OWNERS THAT SUCCESSFULLY
 DISPUTED  SUCH  NOTICE  AND  AN  ITEMIZED  BREAKDOWN  OF THE REASONS FOR
 SUCCESSFULLY DISPUTED TOLLS;
   (G) A COPY OF ALL RULES  AND  REGULATIONS  THE  PUBLIC  AUTHORITY  HAS
 PROMULGATED PURSUANT TO THIS SECTION;
   (H)  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;
   (I) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH PUBLIC AUTHORITY FROM
 SUCH ADJUDICATIONS; AND
   (J) EXPENSES INCURRED BY SUCH PUBLIC AUTHORITY IN CONNECTION WITH  ANY
 CASHLESS TOLLING FACILITY, CASHLESS TOLLING MONITORING SYSTEM, ELECTRON-
 IC  TOLL COLLECTION SYSTEM OR TOLLS BY MAIL PROGRAM IMPLEMENTED OR OPER-
 ATED BY THE PUBLIC AUTHORITY.
   § 7. This act shall take effect immediately.