Bill Text: NY S03132 | 2015-2016 | General Assembly | Introduced
Bill Title: Prohibits authorities from imposing additional charges for delivering payment through non-electronic means.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-03-22 - referred to corporations, authorities and commissions [S03132 Detail]
Download: New_York-2015-S03132-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3132
2015-2016 Regular Sessions
I N S E N A T E
February 2, 2015
___________
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 S 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.
LBD02328-01-5
S. 3132 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 S 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 S 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 S 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 S 4. The public service law is amended by adding a new section 6 to
29 read as follows:
30 S 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 S 5. This act shall take effect immediately.
