Assembly Bill A6093B

2013-2014 Legislative Session

Relates to collateral loan brokers; repealer

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Archive: Last Bill Status - In Assembly 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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A6093 - Details

See Senate Version of this Bill:
S4115
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Rpld §§48 - 50, amd Gen Bus L, generally

2013-A6093 - Summary

Relates to collateral loan brokers.

2013-A6093 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6093

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the general business law, the banking law, the penal law
  and the lien law, in relation to enacting the "New  York  state  pawn-
  broking  act"  and  providing for the licensure and operation of pawn-
  brokers and repealing article 5 of the general business  law  relating
  to collateral loans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the general business law is REPEALED and a new
article 5 is added to read as follows:
                                ARTICLE 5
                     NEW YORK STATE PAWNBROKING ACT
SECTION 40.   SHORT TITLE.
        41.   DEFINITIONS.
        42.   LICENSE REQUIRED.
        43.   ELIGIBILITY FOR LICENSE.
        44.   APPLICATION FOR LICENSE.
        45.   SUSPENSION, REVOCATION AND SURRENDER OF LICENSE; NET WORTH
                REQUIREMENT.
        46.   ORDERS IMPOSING PENALTIES.
        47.   PAWNBROKER TRANSACTION FORM.
        48.   RECORDKEEPING; REPORTING; HOLD PERIOD.
        49.   PLEDGED GOODS NOT REDEEMED.
        50.   PAWN SERVICE CHARGES.
        51.   PROHIBITED ACTS.
        52.   RIGHT TO REDEEM; LOST PAWNBROKER TRANSACTION FORM.
        53.   PAWNBROKER'S LIEN.
        54.   CLAIMS AGAINST PURCHASED GOODS OR PLEDGED  GOODS  HELD  BY
                PAWNBROKERS.
        55.   HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION; PROCEDURES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09597-01-3
              

co-Sponsors

multi-Sponsors

2013-A6093A - Details

See Senate Version of this Bill:
S4115
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Rpld §§48 - 50, amd Gen Bus L, generally

2013-A6093A - Summary

Relates to collateral loan brokers.

2013-A6093A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6093--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced  by  M. of A. SIMOTAS, MAISEL, STECK, BROOK-KRASNY, DINOWITZ,
  MONTESANO,  GUNTHER,  BENEDETTO,  SCHIMEL,  McKEVITT,  COOK,   MARKEY,
  WEPRIN,  KELLNER,  GOLDFEDER, QUART, JAFFEE, GABRYSZAK, MILLER, BRAUN-
  STEIN, CAMARA -- Multi-Sponsored by -- M. of A. ABBATE, CLARK, CROUCH,
  GALEF, GIBSON, GOTTFRIED, HEVESI, HOOPER, McDONOUGH, MOYA,  SEPULVEDA,
  SWEENEY, TITONE, WEISENBERG -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  general business law, in relation to permitting
  storage fees in connection with collateral loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 46 of the general business law, as amended by chap-
ter 651 of the laws of 2005, is amended to read as follows:
  S  46.  Rate  of  interest;  STORAGE FEE.   1. (A) Notwithstanding any
general or special statutes, local laws and ordinances to the  contrary,
no  collateral loan broker shall ask, demand or receive any greater rate
of interest than four per centum per month, or any fraction of a  month,
and  a  notice  containing  a  list  of such rates of interest as herein
provided and in accordance with the act of congress entitled  "Truth  in
Lending Act" and the regulations thereunder, as such act and regulations
may from time to time be amended shall be conspicuously displayed within
the  premises  of such collateral loan broker. A minimum interest charge
of twenty-five cents per month may be made on any loan.
  (B) No collateral loan broker shall receive  or  be  entitled  to  any
interest  or  charges  OR STORAGE FEE as provided by this article on any
loan for any period of time exceeding fifteen months from  the  date  of
the  making of such loan, provided however that where a loan is extended
at the direct request of the pledgor, the  collateral  loan  broker  may
receive  and  be  entitled  to  any interest or charges provided by this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09597-02-3

              

co-Sponsors

multi-Sponsors

2013-A6093B (ACTIVE) - Details

See Senate Version of this Bill:
S4115
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Rpld §§48 - 50, amd Gen Bus L, generally

2013-A6093B (ACTIVE) - Summary

Relates to collateral loan brokers.

2013-A6093B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6093--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced  by M. of A. SIMOTAS, STECK, BROOK-KRASNY, DINOWITZ, MONTESA-
  NO, GUNTHER, BENEDETTO, SCHIMEL, McKEVITT, COOK, MARKEY, WEPRIN, KELL-
  NER, GOLDFEDER, QUART, JAFFEE, MILLER, BRAUNSTEIN,  CAMARA  --  Multi-
  Sponsored  by  --  M.  of  A. ABBATE, CLARK, CROUCH, GALEF, GOTTFRIED,
  HEVESI, HOOPER, McDONOUGH, MOYA, SEPULVEDA, SWEENEY,  TITONE,  WEISEN-
  BERG  --  read once and referred to the Committee on Economic Develop-
  ment -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Economic Development in accordance with Assembly Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business law, in relation to collateral loan
  brokers; and to repeal certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 40 of the general business law, as amended by chap-
ter 321 of the laws of 1983, is amended to read as follows:
  S  40.  Licenses.  No  person,  corporation, partnership or firm shall
hereafter carry on the  business  of  collateral  loan  broker,  without
having first obtained from the [mayor of the city or licensing authority
of  the  local  governing  body  where the business is to be carried on]
DEPARTMENT OF FINANCIAL SERVICES a license authorizing  such  person  to
carry  on  the  same in the manner and upon the conditions stated in the
succeeding sections of this article. [In  the  city  of  New  York  such
license  may be issued by the commissioner of consumer affairs.] Nothing
herein shall be construed to prohibit  a  collateral  loan  broker  from
employing  the  title  pawnbroker in connection with the collateral loan
business. The title pawnbroker shall be used exclusively by a collateral
loan broker.
  S 2. Section 41 of the general business law, as amended by chapter 321
of the laws of 1983, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09597-04-4
              

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