§ 19. Returned check charge.
1.As used in this section, (a) "state\nagency" shall mean any state department, board, bureau, division,\ncommission, committee, public authority, public benefit corporation,\ncouncil, office, or other governmental entity performing a governmental\nor proprietary function for the state; and (b) "dishonored check" shall\nmean a check, draft or like instrument drawn on a bank, depository or\nfinancial institution as full or partial payment for an unpaid balance\non an account, or for other extensions of credit or payments of money,\nwhich is not paid or is dishonored or is returned by such institution\ndue to insufficient funds or other cause not attributable to the state\nof New York.\n 2. Any individual, business or other entity, which is not a state\nagenc
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§ 19. Returned check charge. 1. As used in this section, (a) "state\nagency" shall mean any state department, board, bureau, division,\ncommission, committee, public authority, public benefit corporation,\ncouncil, office, or other governmental entity performing a governmental\nor proprietary function for the state; and (b) "dishonored check" shall\nmean a check, draft or like instrument drawn on a bank, depository or\nfinancial institution as full or partial payment for an unpaid balance\non an account, or for other extensions of credit or payments of money,\nwhich is not paid or is dishonored or is returned by such institution\ndue to insufficient funds or other cause not attributable to the state\nof New York.\n 2. Any individual, business or other entity, which is not a state\nagency, municipal corporation or district corporation, which makes\npayment to a state agency by a check which is dishonored shall be liable\nto such state agency for a returned check charge. The state director of\nthe budget shall: (i) promulgate such guidelines as the director deems\nnecessary to carry out the provisions of this section and (ii) establish\na reasonable monetary amount of the returned check charge which shall\nnot exceed the amount set forth in section 5-328 of the general\nobligations law.\n 3. Any returned check charges assessed pursuant to this section shall\nbe paid upon notice and demand and shall be treated and collected in the\nsame manner as the original debt upon which the dishonored check was\nreceived and shall be collected by a state agency when such agency deems\ncollection to be administratively practical and cost-effective.\n 4. The provisions of this section shall not supersede any provision of\nlaw or regulation or contract which provides a remedy for the remittance\nof a dishonored check to the state of New York.\n 5. All contracts entered into or any regulation promulgated on or\nafter the effective date of this section which waives the imposition of\nreturned check charges or imposes returned check charges in a manner\ninconsistent with this section must be approved by the state division of\nthe budget.\n