Bill Text: NY A05779 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that claims arising from use of an electronic toll collection system may be filed in the appropriate court in the county in which the claimant resides; requires any contract or agreement between a consumer and a public authority which provides for use of a system of device facilitating electronic toll collection to clearly state the name, address and telephone number of the legal entity with which the consumer is contracting for service; to clearly state, in a separate section, how and where a consumer may challenge any changes made on his or her account; and to include specific contact information relating to settling disputes relating to charges as well as identifying the court in which a claim may be brought, the statute of limitations for such claim and any steps which a claimant may be required to take before making a claim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in corporations, authorities and commissions [A05779 Detail]

Download: New_York-2011-A05779-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5779
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2011
                                      ___________
       Introduced  by M. of A. TOBACCO -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the  public  authorities  law,  in  relation  to  claims
         against  certain  entities  based  upon  use  of  an  electronic  toll
         collection system
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2985 of the public authorities law is designated as
    2  title  11-A  of  article  9  and a new title heading is added to read as
    3  follows:
    4                          ELECTRONIC TOLL COLLECTION
    5    S 2. Title 11-A of article 9 of the public authorities law is  amended
    6  by adding two new sections 2985-a and 2985-b to read as follows:
    7    S  2985-A.  ELECTRONIC TOLL COLLECTION DISPUTES.  ANY DISPUTE RELATING
    8  TO CHARGES IMPOSED BY AN ELECTRONIC TOLL COLLECTION SYSTEM  MADE  BY  AN
    9  ACCOUNT HOLDER MAY BE BROUGHT IN THE COUNTY COURT IN THE COUNTY IN WHICH
   10  SUCH  ACCOUNT  HOLDER  RESIDES, OR IN THE CIVIL COURT OF THE CITY OF NEW
   11  YORK IF THE ACCOUNT HOLDER RESIDES  WITHIN  ITS  JURISDICTION  OR  IN  A
   12  DISTRICT COURT HAVING JURISDICTION OVER SUCH ACCOUNT HOLDER.
   13    S  2985-B.    CONTRACTS  FOR  USE  OF  ELECTRONIC TOLL COLLECTION. ANY
   14  CONTRACT OR AGREEMENT BETWEEN A CONSUMER AND A  PUBLIC  AUTHORITY  WHICH
   15  PROVIDES  FOR  USE  OF  A  SYSTEM OR DEVICE FACILITATING ELECTRONIC TOLL
   16  COLLECTION SHALL CLEARLY STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF
   17  THE LEGAL ENTITY WITH WHICH THE CONSUMER IS CONTRACTING FOR SERVICE. ANY
   18  SUCH CONTRACT OR AGREEMENT SHALL  ALSO  CLEARLY  STATE,  IN  A  SEPARATE
   19  SECTION,  HOW AND WHERE A CONSUMER MAY CHALLENGE ANY CHANGES MADE ON HIS
   20  OR HER ACCOUNT. SUCH NOTICE SHALL INCLUDE SPECIFIC  CONTACT  INFORMATION
   21  RELATING TO SETTLING DISPUTES RELATING TO CHARGES AS WELL AS IDENTIFYING
   22  THE  COURT  IN  WHICH A CLAIM MAY BE BROUGHT, THE STATUTE OF LIMITATIONS
   23  FOR SUCH CLAIM AND ANY STEPS WHICH A CLAIMANT MAY BE  REQUIRED  TO  TAKE
   24  BEFORE MAKING A CLAIM.
   25    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02110-01-1