•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06559 Summary:

BILL NOA06559A
 
SAME ASNo Same As
 
SPONSORFall
 
COSPNSR
 
MLTSPNSR
 
Add Art 42 §§1100 - 1102, Gen Bus L
 
Enacts provisions relating to the lease of credit card terminals; requires disclosures; prohibits certain practices.
Go to top    

A06559 Actions:

BILL NOA06559A
 
04/19/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
02/08/2024amend and recommit to consumer affairs and protection
02/08/2024print number 6559a
Go to top

A06559 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6559A
 
SPONSOR: Fall
  PURPOSE: To exempt NYC corrections officers uniformed personnel from the require- ment to accumulate ten years of service credit before filing for ordi- nary disability retirement.   SUMMARY OF PROVISIONS: Section 1 amends Section 507-a of the Retirement and Social Security Law to provide that New York City correction members do not need to accumu- late 10 years of service credit before filing for the benefits. Section 2 is the effective date.   JUSTIFICATION: Under current law, uniformed members of the New York City correction force may file for ordinary disability retirement (ODR) if they are found to be permanently disabled by the NYCERS Medical Board and have accumulated 10 years' service credit in the retirement system. ODR allows them to retire on an enhanced pension that is either 1/3 of final average salary (FAS) or 1/60th of FAS multiplied by years of credited service. This bill would allow these public servants to file for ODR without accumulating 10 years' credit in recognition of the highly dangerous nature of their jobs and the great sacrifice these public servants make to our state.   LEGISLATIVE HISTORY: 2021-2022: S.6984-B - Amend and Recommit to Civil Service and Pensions 2019-2020: S.5852-A - Referred to Civil Service and Pensions 2017-2018: S.6135-A - Amend and Recommit to Civil Service and Pensions   STATE AND LOCAL FISCAL IMPLICATIONS: See fiscal note.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A06559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6559--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 19, 2023
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Consumer Affairs and Protection -- recommitted to the Committee  on
          Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the  general  business  law, in relation to business
          protection for point-of-sale equipment leases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new article
     2  42 to read as follows:
     3                                 ARTICLE 42
     4                         CREDIT CARD TERMINAL LEASES
     5  Section 1100. Solicitation; material misrepresentation.
     6          1101. Credit card terminal; lease provisions.
     7          1102. Violations.
     8    §  1100.  Solicitation; material misrepresentation. 1. As used in this
     9  article, "credit card terminal" means physical  equipment  used  at  the
    10  point  of  sale  to accept payment by a payment card, including a credit
    11  card, debit card, EBT card, prepaid card, or gift card.
    12    2. A person who solicits a finance lease for the use of a credit  card
    13  terminal shall accurately disclose, orally and prior to the presentation
    14  of a specific offer for a finance lease:
    15    (a)  the  nature and scope of his or her relationship to the person or
    16  persons who own, lease, service, and finance the  credit  card  terminal
    17  and  to the person or persons, if known, who provide services related to
    18  the credit card terminal, including whether he or she  is  an  employee,
    19  independent contractor, or agent of one or more of those persons; and
    20    (b) whether the person who solicits the finance lease has the authori-
    21  ty to negotiate terms of a finance lease with a prospective lessee.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02287-05-4

        A. 6559--A                          2
 
     1    3. The written disclosure should be in no less than twelve point font.
     2  The  disclosure should be written in the primary language used to commu-
     3  nicate with the prospective lessee and worded in  the  same  or  similar
     4  language used by the person soliciting the finance lease.
     5    §   1101.  Credit  card  terminal;  lease  provisions.  The  following
     6  provisions apply to a finance lease for the use of a credit card  termi-
     7  nal:
     8    1.  The  finance  lease  shall be written in no less than twelve point
     9  font, in the primary language used to communicate with  the  lessee  and
    10  shall  be  worded  in  the  same  or similar language used by the person
    11  soliciting the finance lease.
    12    2. The finance lease shall specify:   (a) the  terms;  (b)  the  total
    13  price; (c) the total monthly payment due, including any recurring month-
    14  ly  fees  or  charges; (d) any other penalties, charges, or fees and the
    15  conditions under which they may be incurred; (e) the make and  model  of
    16  the  credit  card  terminal being leased; (f) whether the lessee has the
    17  option to purchase the credit card terminal, and  if  so,  the  purchase
    18  price  and  terms;  and  (g)  if the lessor does not offer the option to
    19  purchase the credit card terminal, a disclaimer that the lessee  may  be
    20  able to purchase the same or a similar credit card terminal from another
    21  source.
    22    3.  (a) If the lessor of a credit card terminal or an affiliated busi-
    23  ness also provides payment processing services for the terminal, includ-
    24  ing credit card processing services, the  delivery  of  such  processing
    25  services shall be the subject of a service agreement between the service
    26  provider and the business that is separate from the finance lease.
    27    (b)  If  the  lessor  or its affiliated business offers a discount for
    28  bundling the credit card terminal finance lease  with  the  delivery  of
    29  payment  processing services, the lessor shall state that information in
    30  the finance lease.
    31    4. The finance lease shall  clearly  and  conspicuously  identify  the
    32  lessor  of the credit card terminal and the name, mailing address, tele-
    33  phone number, e-mail address or website, and relationship to the  lessor
    34  of:
    35    (a) the person to whom the lessee is required to make payments for the
    36  credit card terminal;
    37    (b)  the  person  to  whom the lessee should contact with questions or
    38  problems concerning the credit card terminal; and
    39    (c) the person to whom the  lessee  should  deliver  the  credit  card
    40  terminal for return or repair.
    41    5.  If  at  any  time  the  contact information provided to the lessee
    42  changes, a notification of such change shall be provided to  the  lessee
    43  within five business days.
    44    6.  (a) A lessor shall provide a copy of the executed finance lease to
    45  the lessee and shall retain a written or electronic copy of such finance
    46  lease and proof of delivery of the executed lease for not less than four
    47  years after the lease terminates.
    48    (b) A lessee shall have the right to cancel a finance lease not  later
    49  than three days after the lessor provides a copy of the executed finance
    50  lease to the lessee.
    51    (c) If the lessee exercises his or her right to cancel: (i) the lessor
    52  may  retain any payments made by the lessee after the lessor delivered a
    53  copy of the executed finance lease; and (ii) the  lessor  may  impose  a
    54  reasonable  cancellation  fee,  not to exceed the  total monthly payment
    55  amount specified in paragraph (c) of subdivision two of this section.  A

        A. 6559--A                          3
 
     1  lessee is not required to pay a cancellation fee if there is evidence of
     2  fraud or illegality.
     3    7.  (a)  If the judicial forum chosen by the parties to the lease is a
     4  forum that would not otherwise have jurisdiction over  the  lessee,  the
     5  choice is not enforceable.
     6    (b) A lessor shall not collect any charge or fee for business personal
     7  property  tax  on  the  credit  card terminal unless the tax is actually
     8  imposed.
     9    § 1102. Violations.  Any person, firm, corporation or  association  or
    10  agent  or employee thereof who violates this article shall be liable for
    11  a civil penalty of five thousand dollars for each violation. The  attor-
    12  ney  general  or the district attorney of any county may bring an action
    13  in the name of the people of  the  state  to  restrain  or  prevent  any
    14  violation of this article or any continuance of any such violation.
    15    §  2.  The  attorney  general  is authorized to promulgate any rule or
    16  regulation necessary for the implementation of this act.
    17    § 3. This act shall take effect immediately.
Go to top