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.

Sponsor: Tobacco
Law Section: Public Authorities Law / Law: Desig S2985 to be Art 9 Title 11-a, add Title Head, Art 9 Title 11-a SS2985-a & 2985-b, Pub Auth L

A5779-2011 Actions

Jun 5, 2012: held for consideration in corporations, authorities and commissions
Jan 4, 2012: referred to corporations, authorities and commissions
Feb 28, 2011: referred to corporations, authorities and commissions

A5779-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5779
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section 1.

Section 2985 of the public authorities law is designated as
 title  11-A  of  article  9  and a new title heading is added to read as
 follows:

 ELECTRONIC TOLL COLLECTION
 

S 2. Title 11-A of article 9 of the public authorities law is  amended
 by adding two new sections 2985-a and 2985-b to read as follows:

 

S  2985-A.  ELECTRONIC TOLL COLLECTION DISPUTES.  ANY DISPUTE RELATING
 TO CHARGES IMPOSED BY AN ELECTRONIC TOLL COLLECTION SYSTEM  MADE  BY  AN
 ACCOUNT HOLDER MAY BE BROUGHT IN THE COUNTY COURT IN THE COUNTY IN WHICH
 SUCH  ACCOUNT  HOLDER  RESIDES, OR IN THE CIVIL COURT OF THE CITY OF NEW
 YORK IF THE ACCOUNT HOLDER RESIDES  WITHIN  ITS  JURISDICTION  OR  IN  A
 DISTRICT COURT HAVING JURISDICTION OVER SUCH ACCOUNT HOLDER.
 

S  2985-B.    CONTRACTS  FOR  USE  OF  ELECTRONIC TOLL COLLECTION. ANY
 CONTRACT OR AGREEMENT BETWEEN A CONSUMER AND A  PUBLIC  AUTHORITY  WHICH
 PROVIDES  FOR  USE  OF  A  SYSTEM OR DEVICE FACILITATING ELECTRONIC TOLL
 COLLECTION SHALL CLEARLY STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF
 THE LEGAL ENTITY WITH WHICH THE CONSUMER IS CONTRACTING FOR SERVICE. ANY
 SUCH CONTRACT OR AGREEMENT SHALL  ALSO  CLEARLY  STATE,  IN  A  SEPARATE
 SECTION,  HOW AND WHERE A CONSUMER MAY CHALLENGE ANY CHANGES MADE ON HIS
 OR HER ACCOUNT. SUCH NOTICE SHALL 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.
 

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

A5779-2011: Relates to disputes arising from use of an electronic toll collection system

A5779-2011 Actions

A5779-2011 Text

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