senate Bill S5941

2013-2014 Legislative Session

Provides a limitation on actions to collect overcharges

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Oct 02, 2013 referred to rules

S5941 - Bill Details

See Assembly Version of this Bill:
A7236
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง212, CPLR

S5941 - Bill Texts

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Provides that 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.

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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
the statute of limitations for these utility company billing errors
to ten years thereby providing a fairer basis to settle these matters.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all causes
of actions occurring on or after such date.

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                    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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