S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    693
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed 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
              

 S. 693                              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.