S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    992
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. D. ROSENTHAL, WRIGHT, GOTTFRIED, SEAWRIGHT, NIOU,
   O'DONNELL,   DICKENS,  D'URSO,  TITUS,  BLAKE,  RIVERA,  L. ROSENTHAL,
   BICHOTTE -- Multi-Sponsored by -- M. of A. DAVILA, DE LA ROSA,  HEVESI
   -- read once and referred to the Committee on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to prohibiting certain surcharges on  credit  or  debit  card
   transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 11-105 of the administrative  code
 of  the city of New York, as amended by chapter 309 of the laws of 1996,
 is amended and a new subdivision 4 is added to read as follows:
   3. Notwithstanding any other provision of law to the  contrary  EXCEPT
 FOR  SUBDIVISION  FOUR  OF THIS SECTION, any agency or department of the
 city which, pursuant to an agreement entered into  under  this  section,
 accepts  credit  cards  as a means of payment of fines, civil penalties,
 taxes, fees, rent, rates, charges or other amounts owed by a  person  to
 the  city  shall  be  authorized  to  charge and collect from any person
 offering a credit card as a means of payment of a fine a reasonable  and
 uniform fee as a condition of accepting such credit card in payment of a
 [fine,  civil  penalty,] tax, [fee,] rent, rate, charge or other amount.
 Such fee shall not exceed the cost incurred by the agency or  department
 in  connection  with  such  credit  card  transaction,  which cost shall
 include any fee payable by the city to the financing agency.
   4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO AGENCY OR DEPARTMENT OF
 THE CITY, OR ANY TRIBUNAL LOCATED THEREIN, SHALL BE AUTHORIZED TO IMPOSE
 A SURCHARGE ON A HOLDER WHO ELECTS TO USE A CREDIT OR DEBIT CARD IN LIEU
 OF PAYMENT BY CASH, CHECK, OR SIMILAR  MEANS  TO  PAY  ANY  FINE,  CIVIL
 PENALTY,  OR FEE OWED. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOW-
 ING DEFINITIONS SHALL APPLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01037-01-9
              

 A. 992                              2
 
   A. "HOLDER" MEANS A PERSON TO WHOM SUCH A CREDIT CARD OR DEBIT CARD IS
 ISSUED OR WHO HAS AGREED WITH THE ISSUER TO PAY OBLIGATIONS ARISING FROM
 THE USE OF A CREDIT CARD OR DEBIT CARD ISSUED TO ANOTHER PERSON.
   B.  "PERSON" INCLUDES AN INDIVIDUAL, CORPORATION, PARTNERSHIP OR ASSO-
 CIATION, TWO OR MORE PERSONS HAVING A JOINT OR COMMON  INTEREST  OR  ANY
 OTHER LEGAL OR COMMERCIAL ENTITY.
   C. "ISSUER" MEANS A PERSON WHO ISSUES A CREDIT CARD OR A DEBIT CARD.
   D.  "CREDIT  CARD"  MEANS  AND INCLUDES ANY CREDIT CARD, CREDIT PLATE,
 CHARGE PLATE, COURTESY CARD, OR  OTHER  IDENTIFICATION  CARD  OR  DEVICE
 ISSUED  BY A PERSON TO ANOTHER PERSON WHICH MAY BE USED TO OBTAIN A CASH
 ADVANCE OR A LOAN OR CREDIT OR TO PURCHASE OR LEASE PROPERTY OR SERVICES
 ON THE CREDIT OF THE ISSUER OR OF THE HOLDER.
   E. "DEBIT CARD" MEANS A CARD, PLATE OR OTHER SIMILAR DEVICE  ISSUED  A
 PERSON TO ANOTHER PERSON WHICH MAY BE USED, WITHOUT A PERSONAL IDENTIFI-
 CATION  NUMBER,  CODE  OR SIMILAR IDENTIFICATION NUMBER, CODE OR SIMILAR
 IDENTIFICATION, TO PURCHASE OR LEASE PROPERTY OR SERVICES. THE TERM DOES
 NOT INCLUDE A CREDIT CARD OR A CHECK, DRAFT OR SIMILAR INSTRUMENT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.