| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to judiciary |
| Oct 02, 2013 |
referred to rules |
Senate Bill S5941
2013-2014 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
2013-S5941 (ACTIVE) - Details
2013-S5941 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5941
TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to statute of
limitations for certain overcharges
SUMMARY OF PROVISIONS:
Section two hundred twelve of the civil practice law and rules is
amended by adding a new subdivision (e) to read as follows:
Overcharge based on mistake or billing error. An action to recover
the amount of an overcharge based upon a mistake or billing error
made by an electric, gas or telephone corporation must be commenced
within ten years.
JUSTIFICATION:
Utility company billing errors caused by faulty wire connections,
incorrect computer computations, installation mishap or other
mistakes often continue for years without detection. Even when the
utility company in question acknowledges the error and can account
for the amount of the mistake, the liability is for only six years of
the overcharge. This causes an inequitable situation whereby a
customer can prove the overcharge for a longer period of time, but
cannot be compensated for his total loss. This legislation changes
2013-S5941 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5941
2013-2014 Regular Sessions
I N S E N A T E
October 2, 2013
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to statute
of limitations for certain overcharges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 212 of the civil practice law and rules is amended
by adding a new subdivision (e) to read as follows:
(E) OVERCHARGE BASED ON MISTAKE OR BILLING ERROR. AN ACTION TO RECOVER
THE AMOUNT OF AN OVERCHARGE BASED UPON A MISTAKE OR BILLING ERROR MADE
BY AN ELECTRIC, GAS, OR TELEPHONE CORPORATION MUST BE COMMENCED WITHIN
TEN YEARS.
S 2. This act shall take effect immediately and shall apply to all
causes of action occurring on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08578-01-3
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