518-436-6673 brescia@nyall.com
Senate bill 7395-C is the latest amendment to make this proposal workable to the industry. (The assembly bill, S-8940A, has NOT been amended to conform to Senator Tedisco’s bill.)
The measure arises from TV appearances of a customer and an assemblyman complaining that failure of a company to deliver fuel placed the homeowner at risk. The original bill sought authority for residential customers to obtain fuel from dealers other than the one of record “during emergencies” that place life, liberty and property at risk. In the “C” version we have defined “emergencies,” the duties of succeeding suppliers to determine the integrity of systems and notify to the dealer of record, a requirement for insurance and prohibition on the filling or emptying of a tank without the permission of the owner: The “container law.” This amendment is needed to make the measure coherent since the original proposal cited a declaration of emergency as a trigger to suspend laws and contracts but no such prohibition on tank filling exists! The only current barrier to filling someone else’s tank is the contract between dealer and customer and the right of the tank owner to property upon suspicion of unauthorized use.
As of March 2, 2018, the senate bill has not been scheduled on the Senate Agriculture committee agenda.
THE BUDGET AT THE OKAY CORRAL
The impact of the elimination of SALT deductions has produced several suggestions to change the state tax law to minimize the impact on revenues. The most worrisome are changing the payment of local property tax to a charitable contribution, a back door way of preserving tax deductibility and substituting payroll tax on employers for the personal income tax on wages. While mentioned in his State of the State and here, it is the major impasse to budget negotiations since spending will be limited by an accurate assessment of revenues which absent the change in federal law are running behind expected expenditures. This is a common position for the state budgeting since the deficit is prospective based on commitments made previously to fund programs that exceed any fair assessment of future revenue. And that is considering increased tax collections in personal income from the stock market boom the extent of which is currently minimal compared to what 2018 collections will be.
Of course it is all the fault of the president and the republicans and Governor Cuomo and Atty. General will sue along with unhappy governors from other states. Though in an ironic take on litigation a ruling for Janus in the right-to-work case argued this week at USSC will reduce union power and revenue and soften demands for expensive benefit plans now threatened with revision to meet expected defaults in several “blue states.” The ones with high taxes and expenditures!

S7093  KAVANAGH  Same as A 9773  Titone
ON FILE: 01/03/18 General Business Law
TITLE….Relates to provisions concerning debt collection procedures

01/03/18
REFERRED TO CONSUMER PROTECTION.

This bill would address the problem of sale of debt to third parties by requiring that debt collectors provide notice to consumers when their debt is sold. This would allow consumers to determine the source and legitimacy of debt collection notices they receive from third parties with whom they have not had prior contact.

S7111  COMRIE  Same as A 5246  Dinowitz
ON FILE: 01/03/18 General Business Law
TITLE….Relates to requiring mandatory arbitration clauses in certain consumer contracts to be printed in large font type.

01/03/18
REFERRED TO CONSUMER PROTECTION

Large print arbitration clauses in contracts. Each and every business shall, in each initial contract for goods or services, which contains an arbitration clause provide the consumer with a copy of the contract in which the arbitration clause is displayed in large print format. The measure, however, illuminates the prohibition of such clauses in the law in exchange for notice to consumers. The Office of Court Administration bill introduced last year called for arbitration but with the option of trial.

S7085  KAVANAGH  No Same as

ON FILE: 01/03/18 Environmental Conservation Law
TITLE….Prohibits idling by heavy-duty vehicles.

01/03/18
REFERRED TO ENVIRONMENTAL CONSERVATION

S7087  KAVANAGH  No Same as

S7087  KAVANAGH  No Same as
ON FILE: 01/03/18 General Business Law
TITLE….Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater.

01/03/18
REFERRED TO CONSUMER PROTECTION

Currently the attorney general may bring an action for price gouging but this bill adds to any right of action granted to the attorney general pursuant to this section, any person who has been injured due to any violation of this section may bring an action in his or her own name to enjoin such unlawful act or practice, an action to recover his or her compensatory damages or one thousand dollars. Attorney’s fees may be assessed as well.
Yet another ‘full-employment’ act of lawyers.

03/29/17
referred to codes

01/03/18
referred to codes

Lobbyist

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321 Loudon Rd
Albany, NY  12211

Brescia@nyall.com
518-463-6673

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