S T A T E O F N E W Y O R K
________________________________________________________________________
11199
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. KOON -- read once and referred to the Committee
on Banks
AN ACT to amend the banking law, in relation to certain fees charged and
the authority of the superintendent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 374 of the banking law, as amended
by chapter 582 of the laws of 2000, is amended to read as follows:
1. (A) The provisions of this article shall not apply when checks,
drafts or money orders are cashed, other than by a licensee, without a
consideration or charge; nor when checks, drafts or money orders are
cashed, other than by a licensee, as an incident to the conduct of any
other lawful business [where not more than one dollar is charged for
cashing each check, draft or money order]; nor shall the provisions of
this article apply to any national bank, federal reserve bank, or to any
person, partnership, association, corporation or other organization
doing business under or pursuant to the provisions of this chapter,
except a licensee under this article. THE SUPERINTENDENT SHALL, UPON
CONSULTATION WITH THE BANKING BOARD, ESTABLISH THE MAXIMUM FEES THAT MAY
BE CHARGED UNDER THIS SECTION PROVIDED, HOWEVER THAT NO FEE MAY BE
CHARGED UNDER THIS SECTION IN A CITY WITH ONE MILLION OR MORE, AND SUCH
FEE SHALL NOT EXCEED FEES ESTABLISHED UNDER SECTION THREE HUNDRED SEVEN-
TY-TWO OF THIS ARTICLE.
(B) THE SCHEDULE OF FEES CHARGED UNDER THIS SECTION SHALL BE CLEARLY
AND CONSPICUOUSLY POSTED IN EVERY LOCATION CHARGING SUCH FEE.
(C) THE SUPERINTENDENT SHALL HAVE THE AUTHORITY TO ADOPT, PROMULGATE,
AMEND AND REPEAL SUCH RULES OR REGULATIONS AS MAY BE NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17452-02-0