NY State Senate Bill 2019-S2355

Senate Bill S2355

2019-2020 Legislative Session

Directs the department of state and public service commission to study and report upon disclosure by utilities to credit reporting agencies of late payments

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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 08, 2020	referred to energy and telecommunications returned to senate died in assembly
Feb 12, 2019	referred to consumer affairs and protection delivered to assembly passed senate
Feb 11, 2019	advanced to third reading
Feb 05, 2019	2nd report cal.
Feb 04, 2019	1st report cal.118
Jan 24, 2019	referred to energy and telecommunications

Votes

- Feb 12, 2019 - Floor Vote
  S2355
  
  57
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 12, 2019
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
      
      nay (3)
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      excused (3)
      
      Amedore
      
      Griffo
      
      Jacobs
  Feb 4, 2019 - Energy And Telecommunications Committee Vote
  S2355
  
  8
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 4, 2019
      
      aye (8)
      
      Carlucci
      
      Funke
      
      Harckham
      
      Kavanagh
      
      Kennedy
      
      Metzger
      
      Parker
      
      Ritchie
      
      nay (1)
      
      Ortt

co-Sponsors

2019-S2355 (ACTIVE) - Details

See Assembly Version of this Bill:: A2330
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Services
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7817
2011-2012: A4830
2013-2014: A2338
2015-2016: S7784, A759
2017-2018: S5039, A657
2021-2022: S2933, A3518
2023-2024: S2623

2019-S2355 (ACTIVE) - Summary

Directs the department of state and the public service commission to study and report upon the prevalence of the disclosure by public utilities, cable television companies and cellular telephone service providers to credit reporting agencies of late payments and defaults in payment of fees and charges by consumers.

2019-S2355 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2355

SPONSOR: PARKER
 
TITLE OF BILL:

An act to direct the department of state and the public service commis-
sion to jointly study and report upon the provision to consumer credit
reporting agencies by public utility companies, cable television compa-
nies and cellular telephone service suppliers of information on late
payments of or default on any fees or charges incurred by consumers; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Department of State and
Public Service Commission to study and make recommendations regarding
the practice of utility, cable, and telephone service providers report-
ing customer payment information to consumer reporting agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Department of State and Public Service
Commission to study the prevalence of utility, cable, and telephone
service providers reporting customer payment information to consumer
reporting agencies. The Department and Commission would be tasked with
making recommendations on the regulatory and statutory provisions neces-
sary to protect consumers in this area and issuing a report to the
Governor and Legislature by December 31, 2018.

 
JUSTIFICATION:

Delinquent utility bills can hurt customer credit ratings if they are
reported to a credit bureau. Reporting a late payment of utility bill
can be as harmful as any other late payment of mortgage or credit card
bill. The credit scores are calculated in different ways, depending on
the credit bureau, however, it is common among all of them that a late
payment flags the customer as a high-risk. A customer who pays a late
fee once does not necessarily qualify for a high risk rating or being
under the universal default status.

This bill would provide the Legislature with the information necessary
to determine whether the State should regulate the reporting of customer
payment information by utilities and other service providers in order to
protect consumers from suffering damaged credit scores.  Some companies
do not report to the credit bureaus customers that have been paying
their bills on a timely manner, which would help them improve their
credit score. However, the same companies have been reporting customers
that paid their bills late and have been charged a late fee. This makes
customers pay extra for their service, while their credit score is nega-
tively affected. Under this bill, the Department of State and Public
Service Commission would examine this practice and report on any regula-
tory or legislative recommendations necessary to protect consumers in
this area.

 
PRIOR LEGISLATIVE HISTORY:

2017/18 S5309 - Referred to Energy and Telecommunications

2015-16: S.7784 - Referred to Energy and Telecommunications
2013-14: A.2338

Similar Bill: 2009-2010: A.7817 - Referred to Consumer Affairs and
Protection

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2019.

2019-S2355 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2355
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to direct the department of state and the public service commis-
   sion to jointly study and report upon the provision to consumer credit
   reporting agencies  by  public  utility  companies,  cable  television
   companies  and  cellular telephone service suppliers of information on
   late payments of or default on any fees or charges incurred by consum-
   ers; and providing for the repeal of such provisions  upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The department of state and the public service  commission
 shall  jointly examine, evaluate and make recommendations concerning the
 prevalence of reporting, disclosure and otherwise  making  available  to
 any  consumer  credit reporting agency, as defined in subdivision (k) of
 section 380-a of the general business law, by any public utility company
 as defined in subdivision 23 of section 2 of the public service law, any
 municipality engaged in providing any public utility,  any  cable  tele-
 vision  company as defined in subdivision 1 of section 212 of the public
 service law, any wireless communications service supplier as defined  in
 subdivision  12  of section 301 of the county law, the Long Island power
 authority or the power authority of the state of New York, any  informa-
 tion  relating  to  the late payment of or default on the payment of any
 charges or fees by consumers for the provision of any public utility  or
 other services or goods. The department and commission shall study, with
 particular  care, the practice of reporting consumer payment information
 by the above entities to consumer credit  reporting  agencies  and  make
 recommendations  on the regulatory and statutory provisions necessary to
 protect consumers in this area.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06942-01-9

 S. 2355                             2
 
   § 2. The department of state and the public service  commission  shall
 hold  joint  public  hearings  throughout  the  state for the purpose of
 conducting their duties pursuant to section one of this act.
   §  3.  On or before December 31, 2019, the department of state and the
 public service commission shall submit a joint report of their findings,
 conclusions and recommendations to the governor and the legislature, and
 shall submit with such report such regulatory and legislative  proposals
 as they deem necessary to implement their recommendations.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2021.

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Senate Bill S2355

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Sponsored By

Kevin S. Parker