NY State Senate Bill 2017-S3379

Senate Bill S3379

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to corporations, authorities and commissions returned to senate died in assembly
Apr 26, 2017	referred to corporations, authorities and commissions delivered to assembly passed senate
Mar 06, 2017	advanced to third reading
Mar 02, 2017	2nd report cal.
Mar 01, 2017	1st report cal.301
Jan 23, 2017	referred to corporations, authorities and commissions

Votes

- Apr 26, 2017 - Floor Vote
  S3379
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 26, 2017
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (4)
      
      Bailey
      
      Boyle
      
      Krueger
      
      Sanders Jr.
  Mar 1, 2017 - Corporations, Authorities And Commissions Committee Vote
  S3379
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Mar 1, 2017
      
      aye (6)
      
      Alcantara
      
      Amedore
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      Squadron

co-Sponsors

2017-S3379 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §§2855 & 2, add Art 5 Title 1 §999, Pub Auth L; add §6, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7109
2013-2014: S1687
2015-2016: S3132

2017-S3379 (ACTIVE) - Summary

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

2017-S3379 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3379

 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 :

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, including for expedited and same day
payments and for the processing and handling of electronic funds

transfers, any charges for lost or damaged equipment, for defaults on
payment or charges for 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 nonelectronic 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 for 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 onto 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 :

2015-16 - S. 3132 - Passed Senate.
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

2017-S3379 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3379
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05641-01-7

 S. 3379                             2
 
 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, INCLUDING FOR EXPEDITED
 AND SAME DAY PAYMENTS AND FOR THE PROCESSING AND HANDLING OF  ELECTRONIC
 FUNDS  TRANSFERS,  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 IMPOSI-
 TION OF ADMINISTRATIVE OR OTHER PERIODIC CHARGES RELATING TO METHODS  OF
 PAYMENT.
   §  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.
   §  3. Title 1 of article 5 of the public authorities law is amended by
 adding a new section 999 to read as follows:
   § 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.
   §  4.  The  public service law is amended by adding a new section 6 to
 read as follows:
   § 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,  INCLUDING FOR EXPEDITED AND SAME DAY PAYMENTS AND FOR THE PROC-
 ESSING AND HANDLING OF ELECTRONIC FUNDS TRANSFERS, 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.
   § 5. This act shall take effect immediately.

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Senate Bill S3379

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Sponsored By

Joseph A. Griffo