Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Mar 02, 2011 |
referred to codes |
Senate Bill S3727
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
Actions
co-Sponsors
(D) Senate District
(D, WF) 28th Senate District
2011-S3727 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง212, CPLR
- Versions Introduced in 2009-2010 Legislative Session:
-
S3976
2011-S3727 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3727 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to statute of limitations for certain overcharges SUMMARY OF PROVISIONS: Section two hundred twelve of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: Overcharge based on mistake or billing error. An action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years. JUSTIFICATION: Utility company billing errors caused by faulty wire connections, incorrect computer computations, installation mishap or other mistakes often continue for years without detection. Even when the utility company in question acknowledges the error and can account for the amount of the mistake, the liability is for only six years of the overcharge. This causes an inequitable situation whereby a customer can prove the overcharge for a longer period of time, but cannot be compensated for his total loss. This legislation changes the statute of limitations for these utility company billing errors to ten years thereby providing a fairer basis to settle these matters.
2011-S3727 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3727 2011-2012 Regular Sessions I N S E N A T E March 2, 2011 ___________ Introduced by Sens. OPPENHEIMER, DIAZ, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to statute of limitations for certain overcharges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 212 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: (E) OVERCHARGE BASED ON MISTAKE OR BILLING ERROR. AN ACTION TO RECOVER THE AMOUNT OF AN OVERCHARGE BASED UPON A MISTAKE OR BILLING ERROR MADE BY AN ELECTRIC, GAS, OR TELEPHONE CORPORATION MUST BE COMMENCED WITHIN TEN YEARS. S 2. This act shall take effect immediately and shall apply to all causes of action occurring on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05927-01-1
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