Section 19. Returned check charge

1. As used in this section, (a) "state
  agency" shall  mean  any  state  department,  board,  bureau,  division,
  commission,  committee,  public  authority,  public benefit corporation,
  council, office, or other governmental entity performing a  governmental
  or  proprietary function for the state; and (b) "dishonored check" shall
  mean a check, draft or like instrument drawn on a  bank,  depository  or
  financial  institution  as full or partial payment for an unpaid balance
  on an account, or for other extensions of credit or payments  of  money,
  which  is  not  paid or is dishonored or is returned by such institution
  due to insufficient funds or other cause not attributable to  the  state
  of New York.
    2.  Any  individual,  business  or  other entity, which is not a state
  agency, municipal  corporation  or  district  corporation,  which  makes
  payment to a state agency by a check which is dishonored shall be liable
  to  such state agency for a returned check charge. The state director of
  the budget shall: (i) promulgate such guidelines as the  director  deems
  necessary to carry out the provisions of this section and (ii) establish
  a  reasonable  monetary  amount of the returned check charge which shall
  not exceed the  amount  set  forth  in  section  5-328  of  the  general
  obligations law.
    3.  Any returned check charges assessed pursuant to this section shall
  be paid upon notice and demand and shall be treated and collected in the
  same manner as the original debt upon which  the  dishonored  check  was
  received and shall be collected by a state agency when such agency deems
  collection to be administratively practical and cost-effective.
    4. The provisions of this section shall not supersede any provision of
  law or regulation or contract which provides a remedy for the remittance
  of a dishonored check to the state of New York.
    5.  All  contracts  entered  into  or any regulation promulgated on or
  after the effective date of this section which waives the imposition  of
  returned  check  charges  or  imposes returned check charges in a manner
  inconsistent with this section must be approved by the state division of
  the budget.