Bill Text: NY S03379 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S03379 Detail]

Download: New_York-2017-S03379-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3379
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     1    Section  1.  Section  2855  of the public authorities law, as added by
     2  section 1 of part KK of chapter 59 of the laws of 2006,  is  amended  to
     3  read as follows:
     4    §  2855.  Electronic method of payment; periodic charges.  1. Notwith-
     5  standing the provisions of any law to the  contrary,  if  any  authority
     6  shall  offer  any  electronic  method of payment for tolls, fares, fees,
     7  rentals, or other charges, including but not limited to a system  called
     8  E-ZPass,  such authority shall not impose any periodic administrative or
     9  other charge for the  privilege  of  using  such  electronic  method  of
    10  payment  for such charges. Nothing in this section shall be construed to
    11  prohibit any  authority  from  making  any  charge  for  extra  services
    12  requested  by  a holder of such electronic method of payment, any charge
    13  for lost or damaged equipment, or for  defaults,  such  as  charges  for
    14  dishonored  checks.  The  authority  shall  not enter any agreement with
    15  bondholders that would require the imposition of administrative or other
    16  periodic charges relating to electronic methods of payment prohibited by
    17  this section.
    18    2. No authority offering any electronic method of payment shall impose
    19  any periodic administrative or other charge  for  failure  to  use  such
    20  method of payment or otherwise impose additional administrative or other
    21  charges  for  delivering payment through non-electronic means.  Notwith-
    22  standing any provisions of law to the  contrary,  authorities  shall  be
    23  prohibited  from  imposing  any periodic administrative or other charge,
    24  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
     1  interest  is  computed  and  applied in accordance with the laws of this
     2  state, for method of payment on any account. Nothing in this subdivision
     3  shall be construed to prohibit any authority from making any charge  for
     4  extra  services  requested by an account holder, including for expedited
     5  and same day payments and for the processing and handling of  electronic
     6  funds  transfers,  any  charge  for  lost  or  damaged equipment, or for
     7  defaults, such as charges for dishonored checks. The  authorities  shall
     8  not  enter any agreement with bondholders that would require the imposi-
     9  tion of administrative or other periodic charges relating to methods  of
    10  payment.
    11    §  2.  Section  2 of the public authorities law is amended by adding a
    12  new subdivision 7 to read as follows:
    13    7. "public utility authorities"  shall  mean  any  entity  established
    14  pursuant to article five of this chapter.
    15    §  3. Title 1 of article 5 of the public authorities law is amended by
    16  adding a new section 999 to read as follows:
    17    § 999. General provisions.  No public utility authority  offering  any
    18  electronic method of payment shall impose any periodic administrative or
    19  other  charge  for  failure  to  use such method of payment or otherwise
    20  impose additional administrative or other charges for delivering payment
    21  through  non-electronic  means.    Nothing  in  this  section  shall  be
    22  construed  to  prohibit  any  public  utility  authority from making any
    23  charge for extra services requested by an account holder, any charge for
    24  lost or damaged equipment, or for defaults, such as charges for  dishon-
    25  ored  checks.  The public utility authorities shall not enter any agree-
    26  ment with bondholders that would require the imposition  of  administra-
    27  tive or other periodic charges relating to methods of payment.
    28    §  4.  The  public service law is amended by adding a new section 6 to
    29  read as follows:
    30    § 6. Billing by entities governed by the  public  service  commission.
    31  No  entity  governed by the public service commission offering any elec-
    32  tronic method of payment shall impose  any  periodic  administrative  or
    33  other  charge  for  failure  to  use such method of payment or otherwise
    34  impose additional administrative or other charges for delivering payment
    35  through  non-electronic  means.    Nothing  in  this  section  shall  be
    36  construed  to prohibit any entity governed by the public service commis-
    37  sion from making any charge for extra services requested by  an  account
    38  holder,  including for expedited and same day payments and for the proc-
    39  essing and handling of electronic funds transfers, any charge  for  lost
    40  or  damaged  equipment,  or for defaults, such as charges for dishonored
    41  checks. Entities governed by the public  service  commission  shall  not
    42  enter  any  agreement with bondholders that would require the imposition
    43  of administrative or other  periodic  charges  relating  to  methods  of
    44  payment.
    45    § 5. This act shall take effect immediately.
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