| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 23, 2016 |
print number 3433a |
| Mar 23, 2016 |
amend and recommit to judiciary |
| Jan 06, 2016 |
referred to judiciary |
| Feb 09, 2015 |
referred to judiciary |
Senate Bill S3433A
2015-2016 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
2015-S3433 - Details
2015-S3433 - Sponsor Memo
BILL NUMBER:S3433
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.
2015-S3433 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3433
2015-2016 Regular Sessions
I N S E N A T E
February 9, 2015
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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.
LBD03684-01-5
co-Sponsors
(D, WF) Senate District
2015-S3433A (ACTIVE) - Details
2015-S3433A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3433A
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 (f) 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
2015-S3433A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3433--A
2015-2016 Regular Sessions
I N S E N A T E
February 9, 2015
___________
Introduced by Sens. KRUEGER, PERKINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
recommitted to the Committee on Judiciary in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 (f) to read as follows:
(F) 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.
LBD03684-02-6
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