This bill has been amended

Bill S1687-2013

Prohibits authorities from imposing additional charges for delivering payment through non-electronic means

Prohibits authorities from imposing additional charges for delivering payment through non-electronic means.

Details

Actions

  • May 29, 2014: returned to senate
  • May 29, 2014: RECALLED FROM ASSEMBLY
  • May 5, 2014: referred to corporations, authorities and commissions
  • May 5, 2014: DELIVERED TO ASSEMBLY
  • May 5, 2014: PASSED SENATE
  • Feb 3, 2014: ADVANCED TO THIRD READING
  • Jan 28, 2014: 2ND REPORT CAL.
  • Jan 27, 2014: 1ST REPORT CAL.62
  • Jan 8, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 5, 2013: referred to corporations, authorities and commissions
  • Mar 5, 2013: DELIVERED TO ASSEMBLY
  • Mar 5, 2013: PASSED SENATE
  • Feb 11, 2013: ADVANCED TO THIRD READING
  • Feb 5, 2013: 2ND REPORT CAL.
  • Feb 4, 2013: 1ST REPORT CAL.28
  • Jan 9, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Feb 4, 2013
Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron
VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Jan 27, 2014
Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron

Memo

BILL NUMBER:S1687

TITLE OF BILL: An act to amend the public authorities law and the public service law, in relation to methods of payments to public utilities

PURPOSE OR GENERAL IDEA OF BILL: This legislation would prohibit a public authority, public utility authority, or an entity governed by the public service commission from imposing a fee on any customer, for failure to use an electronic method of payment. It also prohibits public authorities from imposing a periodic administrative or other charge on customers.

SUMMARY OF PROVISIONS: Section One amends section 2855 of the public authorities law, as added by section 1 of part KK of chapter 59 of the laws of 2006 by adding a subsection two which prohibits a public authority who offers electronic means of payment from imposing any charge for failure to use an electronic method of payment or for delivering payment through non-electronic means. It also prohibits authorities from imposing any periodic administrative or other charge with the exception of amounts due on interest. This prohibition shall not apply to any services requested by an account holder, any charges for lost or damaged equipment, for defaults on payment or charges fox dishonored checks.

Section Two defines Public Utility Authorities.

Section Three prohibits a public utility authority who offers electronic means of payment from imposing any charge for failure to use an electronic method of payment or for delivering payment through non-electronic means.

Section Four prohibits an entity governed by the public service commission who offers electronic means of payment from imposing any charge for failure to use an electronic method of payment or for delivering payment through non-electronic means.

Section Five is the effective date.

JUSTIFICATION: It is common practice for customers of certain public authorities, public utility authorities, and entities governed by the public service commission to see a charge fox making a payment through non-electronic means. This legislation would prohibit public authorities, public utility authorities, and entities governed by the public service commission from charging customers for using non-electronic means of payment. With utility costs already financially crippling for many residents in our state, an added fee of this nature is an additional charge that customers should not be forced to incur.

It is also common practice for customers of certain public authorities to see a "billing charge" on their utility bill. This charge is generally under one dollar and is passed on to the customer by the utility for calculating the bill and processing payment. This legislation would prohibit public authorities from charging customers to be billed.

LEGISLATIVE HISTORY: 2012 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1687 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ZELDIN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law and the public service law, in relation to methods of payments to public utilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2855 of the public authorities law, as added by section 1 of part KK of chapter 59 of the laws of 2006, is amended to read as follows: S 2855. Electronic method of payment; periodic charges. 1. Notwith- standing the provisions of any law to the contrary, if any authority shall offer any electronic method of payment for tolls, fares, fees, rentals, or other charges, including but not limited to a system called E-ZPass, such authority shall not impose any periodic administrative or other charge for the privilege of using such electronic method of payment for such charges. Nothing in this section shall be construed to prohibit any authority from making any charge for extra services requested by a holder of such electronic method of payment, any charge for lost or damaged equipment, or for defaults, such as charges for dishonored checks. The authority shall not enter any agreement with bondholders that would require the imposition of administrative or other periodic charges relating to electronic methods of payment prohibited by this section. 2. NO AUTHORITY OFFERING ANY ELECTRONIC METHOD OF PAYMENT SHALL IMPOSE ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE FOR FAILURE TO USE SUCH METHOD OF PAYMENT OR OTHERWISE IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER CHARGES FOR DELIVERING PAYMENT THROUGH NON-ELECTRONIC MEANS. NOTWITH- STANDING ANY PROVISIONS OF LAW TO THE CONTRARY, AUTHORITIES SHALL BE PROHIBITED FROM IMPOSING ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE,
EXCEPTING AMOUNTS DUE AND INTEREST ON ACCOUNTS OUTSTANDING WHEN SUCH INTEREST IS COMPUTED AND APPLIED IN ACCORDANCE WITH THE LAWS OF THIS STATE, FOR METHOD OF PAYMENT ON ANY ACCOUNT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT ANY AUTHORITY FROM MAKING ANY CHARGE FOR EXTRA SERVICES REQUESTED BY AN ACCOUNT HOLDER, ANY CHARGE FOR LOST OR DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH AS CHARGES FOR DISHONORED CHECKS. THE AUTHORITIES SHALL NOT ENTER ANY AGREEMENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF ADMINISTRATIVE OR OTHER PERIODIC CHARGES RELATING TO METHODS OF PAYMENT. S 2. Section 2 of the public authorities law is amended by adding a new subdivision 7 to read as follows: 7. "PUBLIC UTILITY AUTHORITIES" SHALL MEAN ANY ENTITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THIS CHAPTER. S 3. Title 1 of article 5 of the public authorities law is amended by adding a new section 999 to read as follows: S 999. GENERAL PROVISIONS. NO PUBLIC UTILITY AUTHORITY OFFERING ANY ELECTRONIC METHOD OF PAYMENT SHALL IMPOSE ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE FOR FAILURE TO USE SUCH METHOD OF PAYMENT OR OTHERWISE IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER CHARGES FOR DELIVERING PAYMENT THROUGH NON-ELECTRONIC MEANS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY PUBLIC UTILITY AUTHORITY FROM MAKING ANY CHARGE FOR EXTRA SERVICES REQUESTED BY AN ACCOUNT HOLDER, ANY CHARGE FOR LOST OR DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH AS CHARGES FOR DISHON- ORED CHECKS. THE PUBLIC UTILITY AUTHORITIES SHALL NOT ENTER ANY AGREE- MENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF ADMINISTRA- TIVE OR OTHER PERIODIC CHARGES RELATING TO METHODS OF PAYMENT. S 4. The public service law is amended by adding a new section 6 to read as follows: S 6. BILLING BY ENTITIES GOVERNED BY THE PUBLIC SERVICE COMMISSION. NO ENTITY GOVERNED BY THE PUBLIC SERVICE COMMISSION OFFERING ANY ELEC- TRONIC METHOD OF PAYMENT SHALL IMPOSE ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE FOR FAILURE TO USE SUCH METHOD OF PAYMENT OR OTHERWISE IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER CHARGES FOR DELIVERING PAYMENT THROUGH NON-ELECTRONIC MEANS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY ENTITY GOVERNED BY THE PUBLIC SERVICE COMMIS- SION FROM MAKING ANY CHARGE FOR EXTRA SERVICES REQUESTED BY AN ACCOUNT HOLDER, ANY CHARGE FOR LOST OR DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH AS CHARGES FOR DISHONORED CHECKS. ENTITIES GOVERNED BY THE PUBLIC SERVICE COMMISSION SHALL NOT ENTER ANY AGREEMENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF ADMINISTRATIVE OR OTHER PERIODIC CHARGES RELATING TO METHODS OF PAYMENT. S 5. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus