Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
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Jan 06, 2010 |
referred to judiciary |
Jan 09, 2009 |
referred to judiciary |
Senate Bill S636
2009-2010 Legislative Session
Sponsored By
(R) Senate District
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
Actions
2009-S636 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1755
- Current Committee:
- Senate Judiciary
- Law Section:
- Uniform Commercial Code
- Laws Affected:
- Amd ยง2-326, UCC
- Versions Introduced in 2011-2012 Legislative Session:
-
S963, A690
2009-S636 (ACTIVE) - Sponsor Memo
BILL NUMBER: S636 TITLE OF BILL : An act to amend the uniform commercial code, in relation to deeming goods to be on sale or return as to creditor claims when goods delivered to person dealing in goods of the kind involved PURPOSE : This bill deems goods to be on sale or return as to creditor claims when goods delivered to person dealing in goods of the kind involved. SUMMARY OF PROVISIONS : The section heading and subsection 2 of section 2-236 of the uniform commercial code, as amended by chapter 84 of the laws of2001, are amended and new subsection 4 is added. JUSTIFICATION : In 2001, the New York State Legislature enacted laws changing the uniform commercial code (UCC) that were pursuant to federal recommendations. However, there have been adverse and unintentional effects on individuals throughout the state. Persons who have brought items to auctioneers or consignment shops have had their belongings sold at auction to payoff debt incurred by the auction/consignment company. The individual never receives any money from the items they brought to the shop. The money made from the resulting auction has
2009-S636 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 636 A. 1755 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y January 9, 2009 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the uniform commercial code, in relation to deeming goods to be on sale or return as to creditor claims when goods deliv- ered to person dealing in goods of the kind involved THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subsection 2 of section 2-326 of the uniform commercial code, as amended by chapter 84 of the laws of 2001, are amended and a new subsection 4 is added to read as follows: Sale on Approval and Sale or Return; CONSIGNMENT SALES AND Rights of Creditors. (2) [Goods] EXCEPT AS PROVIDED IN SUBSECTION (4), GOODS held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession. (4) WHERE GOODS ARE DELIVERED TO A PERSON FOR SALE AND SUCH PERSON MAINTAINS A PLACE OF BUSINESS AT WHICH HE DEALS IN GOODS OF THE KIND INVOLVED, UNDER A NAME OTHER THAN THE NAME OF THE PERSON MAKING DELIV- ERY, THEN WITH RESPECT TO CLAIMS OF CREDITORS OF THE PERSON CONDUCTING THE BUSINESS THE GOODS ARE DEEMED TO BE ON SALE OR RETURN. THE PROVISIONS OF THIS SUBSECTION ARE APPLICABLE EVEN THOUGH AN AGREEMENT PURPORTS TO RESERVE TITLE TO THE PERSON MAKING DELIVERY UNTIL PAYMENT OR RESALE OR USES SUCH WORDS AS "ON CONSIGNMENT" OR "ON MEMORANDUM". HOWEV- ER, THIS SUBSECTION IS NOT APPLICABLE IF THE PERSON MAKING DELIVERY (A) COMPLIES WITH AN APPLICABLE LAW PROVIDING FOR A CONSIGNOR'S INTER- EST OR THE LIKE TO BE EVIDENCED BY A SIGN, OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04557-01-9
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