Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Feb 27, 2009 |
referred to judiciary |
Senate Bill S2712
2009-2010 Legislative Session
Sponsored By
(R, C, Ind, WF) 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
co-Sponsors
(R, C) Senate District
2009-S2712 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5920
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd ยง5-328, Gen Ob L
- Versions Introduced in 2011-2012 Legislative Session:
-
A5510
2009-S2712 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2712 TITLE OF BILL : An act to amend the general obligations law, in relation to processing fees charged by holders of dishonored checks PURPOSE : To bring the amount which can be charged by the holder of a dishonored check more in line with today's costs SUMMARY OF SPECIFIC PROVISIONS : Paragraph (a) of subdivision 2 of Section 5-328 of the general obligations law currently sets the amount which can be charged by the holder of a dishonored check issued for a consumer credit transaction to the greater of the amount agreed upon or twenty dollars. This proposal would increase this limit to the greater of the amount agreed upon or thirty dollars. Subsection 3 of Section 5-328 of the general obligations law is amended to increase the amount which can be charged by a person who is issued a dishonored check for a transaction other than a consumer transaction from twenty to thirty dollars. JUSTIFICATION : Banks have significantly increased and broadened their account fees and dishonored check charges since the time when the twenty dollar limit was set in 1991. In many consumer and non-consumer related
2009-S2712 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2712 2009-2010 Regular Sessions I N S E N A T E February 27, 2009 ___________ Introduced by Sens. MORAHAN, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to processing fees charged by holders of dishonored checks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 5-328 of the general obligations law, as amended by chapter 15 of the laws of 1991, is amended to read as follows: (a) The holder of a dishonored check given in payment for a consumer transaction or an account may collect from, charge, or add to the outstanding balance of the account of, the person from whom such check was received or to whom such credit was extended, a dishonored check charge of not more than the lesser of the amount agreed upon, if contracted for, or [twenty] THIRTY dollars. S 2. Subdivision 3 of section 5-328 of the general obligations law, as added by chapter 529 of the laws of 1995, is amended to read as follows: 3. Notwithstanding any other provision of law, any person to whom a check, draft or like instrument, other than a money order, bank cash- ier's check or certified check, is tendered for any transaction, other than a consumer transaction, may, if such instrument is dishonored charge or collect from the maker or drawer the amount of [twenty] THIRTY dollars for the return of such unpaid or dishonored instrument. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08643-01-9
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