Senate Bill S5816

2023-2024 Legislative Session

Prohibits utility companies from certain replevin actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5816 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7101, CPLR; amd §32, Pub Serv L; add §1020-nn, Pub Auth L
Versions Introduced in 2025-2026 Legislative Session:
S4179

2023-S5816 (ACTIVE) - Summary

Prohibits utility companies from certain replevin actions; provides that the continued provision of all or any part of gas, electric and steam service to all residential and commercial customers without unreasonable qualifications or lengthy delays is necessary for the preservation of the health and general welfare and is in the public interest; establishes the seizure of electric, gas, or steam meters is against the public interest.

2023-S5816 (ACTIVE) - Sponsor Memo

2023-S5816 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5816
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, the public service law
   and the public authorities law, in  relation  to  prohibiting  utility
   companies from certain replevin actions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7101 of the civil practice law and rules is amended
 to read as follows:
   § 7101. When action may be brought. (A) An action under  this  article
 may be brought to try the right to possession of a chattel.
   (B)  THIS  ARTICLE SHALL NOT APPLY TO THE PROVISION OF ANY PART OF THE
 GAS, ELECTRIC OR STEAM SERVICE PROVIDED TO ANY RESIDENTIAL  CUSTOMER  OR
 NON-RESIDENTIAL  CUSTOMER  BY  ANY GAS, ELECTRIC OR STEAM CORPORATION OR
 MUNICIPALITY, INCLUDING THE LONG ISLAND POWER AUTHORITY.  IT  IS  HEREBY
 DECLARED  TO BE THE POLICY OF THIS STATE THAT THE CONTINUED PROVISION OF
 ALL OR ANY PART OF SUCH GAS, ELECTRIC AND STEAM SERVICE TO ALL  RESIDEN-
 TIAL  AND  COMMERCIAL  CUSTOMERS  WITHOUT UNREASONABLE QUALIFICATIONS OR
 LENGTHY DELAYS IS NECESSARY FOR  THE  PRESERVATION  OF  THE  HEALTH  AND
 GENERAL  WELFARE AND IS IN THE PUBLIC INTEREST. THE SEIZURE OF ELECTRIC,
 GAS, OR STEAM METERS IS AGAINST THE PUBLIC INTEREST.
   § 2. Section 32 of the public service law is amended by adding  a  new
 subdivision 7 to read as follows:
   7.  UTILITY  SERVICE SHALL NOT BE TERMINATED FOR ANY RESIDENTIAL ELEC-
 TRIC OR GAS SERVICE TO A RESIDENCE IN A MANNER AS DESCRIBED  IN  SECTION
 SEVENTY-ONE HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES.
   §  3.  The  public  authorities law is amended by adding a new section
 1020-nn to read as follows:
   § 1020-NN. SERVICE TERMINATION. UTILITY SERVICE SHALL  NOT  BE  TERMI-
 NATED  FOR  ANY  RESIDENTIAL ELECTRIC OR GAS SERVICE TO A RESIDENCE IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10322-01-3
 S. 5816                             2

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