Relates to the federal electronic fund transfer act; clarifies the relationship between such act and article 4-A of the UCC.
Sponsor: Rules (Robinson) / Co-sponsor(s): Farrell, Weinstein
Law Section: Uniform Commercial Code / Law: Amd S4-A-108, UCC
Sponsor: Rules (Robinson) / Co-sponsor(s): Farrell, Weinstein
Law Section: Uniform Commercial Code / Law: Amd S4-A-108, UCC
A10591-2011 Actions
- Aug 17, 2012: signed chap.399
- Aug 6, 2012: delivered to governor
- Jun 19, 2012: RETURNED TO ASSEMBLY
- Jun 19, 2012: PASSED SENATE
- Jun 19, 2012: 3RD READING CAL.1372
- Jun 19, 2012: SUBSTITUTED FOR S7493A
- Jun 18, 2012: REFERRED TO RULES
- Jun 18, 2012: delivered to senate
- Jun 18, 2012: passed assembly
- Jun 14, 2012: ordered to third reading rules cal.277
- Jun 14, 2012: rules report cal.277
- Jun 14, 2012: reported
- Jun 12, 2012: reported referred to rules
- Jun 7, 2012: referred to judiciary
A10591-2011 Votes
VOTE: FLOOR VOTE:
- Jun 19, 2012
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Alesi, Espaillat, Huntley
A10591-2011 Text
S T A T E O F N E W Y O R K
10591
I N ASSEMBLY June 7, 2012
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Robinson, Farrell, Weinstein) -- read once and referred to the Committee on Judiciary
AN ACT to amend the uniform commercial code, in relation to clarifying the relationship between article 4-A of the code and the federal Elec tronic Fund Transfer Act and to clarify such article's applicability to remittance transfers under the Electronic Fund Transfer Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 4-A-108 of the uniform commercial code, as added by chapter 208 of the laws of 1990, is amended to read as follows:
Section 4-A-108. [Exclusion of Consumer Transactions Governed by FederalLaw] RELATIONSHIP TO ELECTRONIC FUND TRANSFER ACT. [This] (1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, THIS Article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. S1693 et seq.) as amended from time to time. (2) THIS ARTICLE SHALL APPLY TO A FUNDS TRANSFER THAT IS A REMITTANCE TRANSFER AS DEFINED IN THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SEC. 1693O-1) AS AMENDED FROM TIME TO TIME UNLESS THE REMITTANCE TRANSFER IS AN ELECTRONIC FUND TRANSFER AS DEFINED IN THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SEC. 1693A) AS AMENDED FROM TIME TO TIME. (3) IN A FUNDS TRANSFER TO WHICH THIS ARTICLE APPLIES, IN THE EVENT OF AN INCONSISTENCY BETWEEN AN APPLICABLE PROVISION OF THIS ARTICLE AND AN APPLICABLE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT, THE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT GOVERNS TO THE EXTENT OF THE INCON SISTENCY.
S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16136-01-2

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