A01368 Summary:
BILL NO | A01368A |
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SAME AS | SAME AS S00406-A |
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SPONSOR | Rozic (MS) |
  | |
COSPNSR | Colton, Rivera, Rosenthal L, Otis |
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MLTSPNSR | Giglio JM, Lupardo, Peoples-Stokes, Zebrowski |
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Amd 40, Pub Serv L; add 393-f, Gen Bus L; amd 1020-f, Pub Auth L | |
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Authorizes utility corporations, telegraph and telephone corporations, and cable television corporations to provide notice of bills to third parties at the request of the customer. |
A01368 Actions:
BILL NO | A01368A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/17/2023 | referred to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
02/21/2023 | amend (t) and recommit to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
02/21/2023 | print number 1368a | |||||||||||||||||||||||||||||||||||||||||||||||||
02/28/2023 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/02/2023 | advanced to third reading cal.24 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2023 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2023 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2023 | REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2023 | SUBSTITUTED FOR S406A | |||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2023 | 3RD READING CAL.872 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2023 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2023 | RETURNED TO ASSEMBLY |
A01368 Committee Votes:
Zebrowski | Aye | Lemondes | Nay | ||||||
Cook | Aye | Blankenbush | Excused | ||||||
Otis | Aye | Friend | Nay | ||||||
Rozic | Aye | Palmesano | Nay | ||||||
Kim | Aye | Angelino | Nay | ||||||
Dilan | Aye | Jensen | Nay | ||||||
Pheffer Amato | Aye | Curran | Nay | ||||||
Vanel | Aye | Pirozzolo | Nay | ||||||
Carroll | Aye | ||||||||
Fall | Aye | ||||||||
Jean-Pierre | Aye | ||||||||
Gonzalez-Rojas | Aye | ||||||||
Zinerman | Aye | ||||||||
Tapia | Aye | ||||||||
Jacobson | Aye | ||||||||
Bores | Aye | ||||||||
Shimsky | Aye | ||||||||
Simone | Aye | ||||||||
Go to top
A01368 Floor Votes:
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
No
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
No
Slater
No
Angelino
No
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
No
Smullen
Yes
Aubry
Yes
Colton
No
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
No
Barclay
Yes
Conrad
No
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
No
Ra
Yes
Stern
ER
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
No
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
ER
Glick
No
Maher
Yes
Ramos
No
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
No
Blankenbush
Yes
Davila
No
Goodell
No
Manktelow
Yes
Reyes
Yes
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
No
DeStefano
Yes
Gunther
No ‡
McDonough
Yes
Rosenthal D
Yes
Vanel
No
Brabenec
Yes
Dickens
No
Hawley
No
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
Yes
Santabarbara
No
Walsh
No
Brook-Krasny
No
DiPietro
Yes
Hyndman
No
Mikulin
Yes
Sayegh
Yes
Weinstein
No
Brown E
No
Durso
Yes
Jackson
No
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
ER
Norris
Yes
Shrestha
Yes
Zaccaro
Yes ‡
Burke
Yes
Fahy
Yes
Jones
No
Novakhov
Yes
Sillitti
Yes
Zebrowski
No
Buttenschon
Yes
Fall
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A01368 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1368A Revised 2/21/2023 SPONSOR: Rozic (MS)
  TITLE OF BILL: An act to amend the public service law, the general business law and the public authorities law, in relation to third-party notification   PURPOSE: To .offer utility, phone, cable, and internet residential customers who have difficulty keeping up with their bills the option of having notice of amounts due, collection attempts, and termination of services sent to a trusted third party.   SUMMARY OF PROVISIONS: Section one of the bill amends Section 40 of the public service law to clarify that third party notification programs already required of util- ities must offer notice of amounts due or past due on routine bills and the amounts paid by or on behalf of the customer, as well as collection and termination notices. Additionally, this bill provides that if a customer opts to have a third party receive notices, they will also continue to receive the notices. Section two of the bill amends the general business law by adding a new section 393-f that will require every telegraph and telephone corpo- ration, cable television corporation, cellular phone company, or munici- pality to designate a third party to receive notice of the total amount due or past due on all bills, the amounts of any payments made by or on behalf of the customer, as well as copies of all collection and termi- nation notices. Additionally, this bill provides that if a customer opts to have a third party receive notices, they will also continue to receive the notices. Section three of the bill amends section 1020-f of the public service law by adding new subdivisions jj and kk to provide that LIPA and its service providers to allow a customer to designate a third party to receive notice of the total amount due or past due on all bills, the amounts of any payments made by or on behalf of the customer, as well as copies of all collection and termination notices. Additionally, this bill provides that a landlord may designate a third party to receive notifications of requests for discontinuance of service at that tenant's unit, provided that the tenant consents to third party notification and the third party consents to such notice. This bill further provides that if a landlord and tenant opt to have a third party receive notices, they will also continue to receive the notices. Section four of the bill establishes the effective date.   JUSTIFICATION: This legislation will enable customers of utility, phone, cable tele- vision, and internet service providers to designate a relative, friend, or other trusted third party to receive notice of amounts due or past due on routine bills and amounts paid by or on behalf of the customer, as well as any collection or termination notices. Present statutes only apply to traditional utilities and could be interpreted to require third party notification only of collection and termination notices. This bill will expand the requirement, both by adding phone, cable television, internet service providers, and by clarifying that third party notifica- tion programs must offer information about amounts due and payments of routine bills, as well as collection and termination notices. We are all cognizant that many people may have difficulty keeping up with bills - because of age, illness, or other circumstances - even if they are otherwise able to live independently. This legislation will enable people to obtain the regular assistance of a third party in ensuring that such bills are kept up-to-date, thereby enhancing their independence and making it easier for relatives, friends, and caregivers to offer such assistance. In addition, this bill recognizes that the services of utilities, phone companies, and cable and internet providers are increasingly converging. For example, cable companies are often in phone and internet services, and utilities and phone companies are working on broadband networks that can carry television programming. As these services continue to converge, they will be more and more likely to offer packages of services that we view as essential for daily living. In recognition of this convergence, this legislation would ensure that all providers have the same obligation to offer third party billing on the same terms. Finally, service providers might benefit from timelier bill payment if this legislation is enacted. The bill has been amended to place some of the requirements in the general business law rather than the public service law. In addition, because of privacy concerns, a provision of a previous version of the bill that would have required that full copies of bills be sent to a third party has been changed to require only that amounts due, past due, and paid by or on behalf of the customer be sent to the third party, since this information is all that is necessary to assist customers in keeping up with their bills. The State of Connecticut enacted legislation which provides that parents and providers receive 30 days notice if their subsidy will be ending in order to protect families from the financial distress that results when parents lose their subsidies with very little notice. (Connecticut Mirror, June 2, 2010, See HTTP://WWW.CTMIRROR.ORG/STORV/6266/CARE-4-KIDS). New York must protect its families as well.   FISCAL IMPACT ON THE STATE: None   FISCAL IMPACT ON LOCALITIES: None, except to the extent they may function as utilities.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Affected. Service providers would be required to permit third party notifications.   IMPACT ON FINES, IMPRISONMENT. FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None.   LEGISLATIVE HISTORY: 2022: A422 (Rozic) - Corporations, Authorities & Commissions 2021: A422 (Rozic) - Corporations, Authorities & Commissions 2020: A3743 (Rozic) - Corporations, Authorities & Commissions 2019: A3743 (Rozic) - Corporations, Authorities & Commissions 2018: A9696 (Rozic) - Corporations, Authorities & Commissions 2017: A04355 (Kavanagh) Corporations, Authorities and Commissions 2016: A05794 (Kavanagh) Corporations, Authorities and Commissions 2015: A05794 (Kavanagh) Corporations, Authorities and Commissions 2014: A03907 (Kavanagh) - Corporations, Authorities and Commissions 2013: A03907 (Kavanagh) - Corporations, Authorities and Commissions 2012: A03693 (Kavanagh) - Third Reading 2011: A03693 (Kavanagh) - Third Reading 2010: A00509 (Kavanagh) - Passed Assembly 2009: A00509 (Kavanagh) - Passed Assembly   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
A01368 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1368--A 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. ROZIC, COLTON, RIVERA, L. ROSENTHAL -- Multi- Sponsored by -- M. of A. J. M. GIGLIO, LUPARDO, PEOPLES-STOKES, ZEBROWSKI -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law, the general business law and the public authorities law, in relation to third-party notification The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 40 of the public service law, as amended by chapter 2 631 of the laws of 1992, is amended to read as follows: 3 § 40. Voluntary third-party [notice prior to termination of service] 4 notification. 1. Every utility corporation or municipality shall permit 5 a residential customer to designate a [third-party] third party to 6 receive notice of the total amount due or past due on all bills, the 7 amounts of any payments paid by or on behalf of such residential custom- 8 er, and copies of all notices relating to termination of service [or] 9 and notices relating to collection of amounts due sent to such residen- 10 tial customer, provided that the designated [third-party] third party 11 indicates in writing a willingness to receive such notices, and provided 12 further, where a residential customer opts for third-party notifica- 13 tions, such residential customer may opt to continue to receive such 14 notices. 15 2. Every utility corporation or municipality shall permit a landlord, 16 upon written request of both the landlord and tenant, to designate a 17 [third-party] third party to be notified of all requests for discontin- 18 uance of service to units [owned] occupied by such [landlord] tenant, 19 provided that the designed third party indicates in writing a willing- 20 ness to receive such notices, and provided further, where the tenant and 21 landlord customers opt for third-party notifications, such tenant and 22 landlord customers may opt to continue to receive such notices. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00459-03-3A. 1368--A 2 1 § 2. The general business law is amended by adding a new section 393-f 2 to read as follows: 3 § 393-f. Voluntary third-party notification. 1. Every telegraph or 4 telephone corporation, cable television corporation, cellular phone 5 company, or municipality shall permit a residential customer to desig- 6 nate a third party to receive notice of the total amount due or past due 7 on all bills, the amounts of any payments paid by or on behalf of such 8 residential customer, and copies of all notices relating to termination 9 of service and notices relating to collection of amounts due sent to 10 such residential customer, provided that the designated third party 11 indicates in writing a willingness to receive such notices, and provided 12 further, where a residential customer opts for third-party notifica- 13 tions, such residential customer may opt to continue to receive such 14 notices. 15 2. Every telegraph or telephone corporation, cable television corpo- 16 ration, cellular phone company, or municipality shall permit a landlord, 17 upon written request of both the landlord and tenant, to designate a 18 third party to be notified of all requests for discontinuance of service 19 to units occupied by such tenant, provided that the designated third 20 party indicates in writing a willingness to receive such notices, and 21 provided further, where the tenant and landlord customers opt for third- 22 party notifications, such tenant and landlord customers may opt to 23 continue to receive such notices. 24 § 3. Section 1020-f of the public authorities law, as added by chapter 25 517 of the laws of 1986, is amended by adding two new subdivisions (jj) 26 and (kk) to read as follows: 27 (jj) The authority and its service provider shall permit a residential 28 customer to designate a third party to receive notice of the total 29 amount due or past due on all bills, the amounts of any payments paid by 30 or on behalf of such residential customer, and copies of all notices 31 relating to termination of service and notices relating to collection of 32 amounts due sent to such residential customer, provided that the desig- 33 nated third party indicates in writing a willingness to receive such 34 notices, and provided further, where a residential customer opts for 35 third-party notifications, such residential customer may opt to continue 36 to receive such notices. 37 (kk) The authority and its service provider shall permit a landlord, 38 upon written request of both the landlord and tenant, to designate a 39 third party to be notified of all requests for discontinuance of service 40 to units occupied by such tenant, provided that the designated third 41 party indicates in writing a willingness to receive such notices, and 42 provided further, where the tenant and landlord customers opt for third- 43 party notifications, such tenant and landlord customers may opt to 44 continue to receive such notices. 45 § 4. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law.
A01368 LFIN:
  | NO LFIN |
A01368 Chamber Video/Transcript:
3-9-23 | Video (@ 00:12:15) | Transcript pdf | Transcript html |
5-9-23 | Video (@ 00:39:58) | Transcript pdf | Transcript html |