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Senate Bill S1378

2023-2024 Legislative Session

Prohibits certain surcharges on credit or debit card transactions

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2023-S1378 (ACTIVE) - Details

See Assembly Version of this Bill:
A8217
Current Committee:
Senate Finance
Law Section:
New York City Administrative Code
Laws Affected:
Amd §11-105, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2017-2018: S6113
2019-2020: S693, A992
2021-2022: S3694, A729
2025-2026: S2570, A111

2023-S1378 (ACTIVE) - Summary

Prohibits certain surcharges on certain credit or debit card transactions in the city of New York; provides that no agency or department of the city of New York, or any tribunal located therein, shall be authorized to impose a surcharge on a holder who elects to use a credit or debit card in lieu of payment by cash, check, or similar means to pay any fine, civil penalty, or fee owed.

2023-S1378 (ACTIVE) - Sponsor Memo

2023-S1378 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1378
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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:
 
   Section  1. Subdivision 3 of section 11-105 of the administrative code
 of the city of New York, as amended by chapter 309 of the laws of  1996,
 is amended and a new subdivision 4 is added to read as follows:
   3.  Notwithstanding  any other provision of law to the contrary EXCEPT
 FOR SUBDIVISION FOUR OF THIS SECTION, any agency or  department  of  the
 city  which,  pursuant  to an agreement entered into under this section,
 accepts credit cards as a means of payment of  fines,  civil  penalties,
 taxes,  fees,  rent, rates, charges or other amounts owed by a person to
 the city shall be authorized to  charge  and  collect  from  any  person
 offering  a credit card as a means of payment of a fine a reasonable and
 uniform fee as a condition of accepting such credit card in payment of a
 [fine, civil penalty,] tax, [fee,] rent, rate, charge or  other  amount.
 Such  fee shall not exceed the cost incurred by the agency or department
 in connection with  such  credit  card  transaction,  which  cost  shall
 include any fee payable by the city to the financing agency.
   4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO AGENCY OR DEPARTMENT OF
 THE CITY, OR ANY TRIBUNAL LOCATED THEREIN, SHALL BE AUTHORIZED TO IMPOSE
 A SURCHARGE ON A HOLDER WHO ELECTS TO USE A CREDIT OR DEBIT CARD IN LIEU
 OF  PAYMENT  BY  CASH,  CHECK,  OR  SIMILAR MEANS TO PAY ANY FINE, CIVIL
 PENALTY, OR FEE OWED. FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOW-
 ING DEFINITIONS SHALL APPLY:
   A. "HOLDER" MEANS A PERSON TO WHOM SUCH A CREDIT CARD OR DEBIT CARD IS
 ISSUED OR WHO HAS AGREED WITH THE ISSUER TO PAY OBLIGATIONS ARISING FROM
 THE USE OF A CREDIT CARD OR DEBIT CARD ISSUED TO ANOTHER PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05217-01-3

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