A00992 Summary:

BILL NOA00992
 
SAME ASSAME AS S00693
 
SPONSORRosenthal D (MS)
 
COSPNSRWright, Gottfried, Seawright, Niou, O'Donnell, Dickens, D'Urso, Titus, Blake, Rivera, Rosenthal L, Bichotte
 
MLTSPNSRDavila, De La Rosa, Hevesi
 
Amd §11-105, NYC Ad Cd
 
Prohibits certain surcharges on certain credit or debit card transactions in the city of New York.
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A00992 Actions:

BILL NOA00992
 
01/14/2019referred to cities
01/08/2020referred to cities
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A00992 Committee Votes:

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A00992 Floor Votes:

There are no votes for this bill in this legislative session.
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A00992 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           992
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced by M. of A. D. ROSENTHAL, WRIGHT, GOTTFRIED, SEAWRIGHT, NIOU,
          O'DONNELL,   DICKENS,  D'URSO,  TITUS,  BLAKE,  RIVERA,  L. ROSENTHAL,
          BICHOTTE -- Multi-Sponsored by -- M. of A. DAVILA, DE LA ROSA,  HEVESI
          -- read once and referred 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:
 
     1    Section 1. Subdivision 3 of section 11-105 of the administrative  code
     2  of  the city of New York, as amended by chapter 309 of the laws of 1996,
     3  is amended and a new subdivision 4 is added to read as follows:
     4    3. Notwithstanding any other provision of law to the  contrary  except
     5  for  subdivision  four  of this section, any agency or department of the
     6  city which, pursuant to an agreement entered into  under  this  section,
     7  accepts  credit  cards  as a means of payment of fines, civil penalties,
     8  taxes, fees, rent, rates, charges or other amounts owed by a  person  to
     9  the  city  shall  be  authorized  to  charge and collect from any person
    10  offering a credit card as a means of payment of a fine a reasonable  and
    11  uniform fee as a condition of accepting such credit card in payment of a
    12  [fine,  civil  penalty,] tax, [fee,] rent, rate, charge or other amount.
    13  Such fee shall not exceed the cost incurred by the agency or  department
    14  in  connection  with  such  credit  card  transaction,  which cost shall
    15  include any fee payable by the city to the financing agency.
    16    4. Notwithstanding any law to the contrary, no agency or department of
    17  the city, or any tribunal located therein, shall be authorized to impose
    18  a surcharge on a holder who elects to use a credit or debit card in lieu
    19  of payment by cash, check, or similar  means  to  pay  any  fine,  civil
    20  penalty,  or fee owed. For the purposes of this subdivision, the follow-
    21  ing definitions shall apply:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01037-01-9

        A. 992                              2
 
     1    a. "Holder" means a person to whom such a credit card or debit card is
     2  issued or who has agreed with the issuer to pay obligations arising from
     3  the use of a credit card or debit card issued to another person.
     4    b.  "Person" includes an individual, corporation, partnership or asso-
     5  ciation, two or more persons having a joint or common  interest  or  any
     6  other legal or commercial entity.
     7    c. "Issuer" means a person who issues a credit card or a debit card.
     8    d.  "Credit  card"  means  and includes any credit card, credit plate,
     9  charge plate, courtesy card, or  other  identification  card  or  device
    10  issued  by a person to another person which may be used to obtain a cash
    11  advance or a loan or credit or to purchase or lease property or services
    12  on the credit of the issuer or of the holder.
    13    e. "Debit card" means a card, plate or other similar device  issued  a
    14  person to another person which may be used, without a personal identifi-
    15  cation  number,  code  or similar identification number, code or similar
    16  identification, to purchase or lease property or services. The term does
    17  not include a credit card or a check, draft or similar instrument.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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