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A10912 Summary:

BILL NOA10912
 
SAME ASNo Same As
 
SPONSORRajkumar
 
COSPNSR
 
MLTSPNSR
 
Amd §18, St Fin L
 
Requires interest rates for debts be set to no more than one percentage point greater than the consumer price index for urban wage earners and clerical workers per annum; removes collection fees outside of certain debts owed.
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A10912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10912
 
                   IN ASSEMBLY
 
                                      April 8, 2026
                                       ___________
 
        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Ways and Means
 
        AN  ACT  to amend state finance law, in relation to curb interest on all
          fees in the state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "fee relief act".
     3    § 2. Subdivision 3 of section 18 of the state finance law, as added by
     4  chapter 55 of the laws of 1992, is amended to read as follows:
     5    3. Unless provided otherwise by contract,  statute  or  regulation,  a
     6  debtor owing a debt to any state agency shall pay such debt on or before
     7  the  [thirtieth  day]  three  hundred  sixty-fifth  day  following  such
     8  debtor's receipt of any billing invoice or  notice  sent  by  the  state
     9  agency  that  such debt is due and owing and that failure to make timely
    10  payment, as stated in the billing invoice or notice, will result in  the
    11  assessment  of  interest  or  a  late payment charge and may result in a
    12  charge to cover the cost of processing, handling,  and  collecting  such
    13  debt.
    14    §  3. Subdivision 4 of section 18 of the state finance law, as amended
    15  by section 26-a of part XX of chapter 56 of the laws of 2024, is amended
    16  to read as follows:
    17    4. Unless provided otherwise by contract,  statute  or  regulation,  a
    18  debtor  that fails to make payment of a debt within the period set forth
    19  in subdivision three of this section  shall  pay,  in  addition  to  the
    20  amount  of debt, interest on the outstanding balance of the debt, accru-
    21  ing on the date on which the receipt of the  first  billing  invoice  or
    22  first  notice  occurs[,  computed  at  the underpayment rate which is in
    23  effect on the date which the receipt of the  first  billing  invoice  or
    24  first  billing  notice  occurs].  For  the purposes of this section, the
    25  [underpayment] interest rate shall be [that rate] set  [by  the  commis-
    26  sioner  of  taxation  and  finance  and  published in the state register
    27  pursuant] to [subsection (e) of section one thousand ninety-six  of  the
    28  tax  law  minus four percentage points. With respect to specific classes

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15418-01-6

        A. 10912                            2

     1  of debt collected by a state agency, the director of the budget or offi-
     2  cial of a state agency so designated by the director of the  budget  may
     3  approve  the  assessment  of interest at a date later than the thirtieth
     4  day  following  such  debtor's  receipt of any billing invoice or notice
     5  sent by the state agency] no more than one percentage point greater than
     6  the consumer price index for urban wage earners and clerical workers per
     7  annum.
     8    § 4. Subdivision 5 of section 18 of the state finance law, as  amended
     9  by  section 1 of part C of chapter 81 of the laws of 2002, is amended to
    10  read as follows:
    11    5. In addition to the charges referred to in subdivision four of  this
    12  section,  and  unless  provided  otherwise by contract, statute or regu-
    13  lation, a debtor that fails to make payment of a debt  subject  to  this
    14  section  [within ninety days of receipt by the debtor of the first bill-
    15  ing  invoice  or  notice  may]  shall  not  be  assessed  an  additional
    16  collection  fee  charge  to  cover  the cost of processing, handling and
    17  collecting such debt[, not to exceed twenty-two percent of the outstand-
    18  ing debt, which]. A collection fee shall be added to and payable in  the
    19  same  manner  as  the  outstanding  debt  if such debt relates to unpaid
    20  taxes, judgments or restitution to others. The assessed  collection  fee
    21  charge  may not exceed the agency's estimated cost of processing, handl-
    22  ing and collecting such debt.
    23    § 5. This act shall take effect immediately.
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