senate Bill S636

2009-2010 Legislative Session

Deems goods to be on sale or return as to creditor claims when goods delivered to person dealing in goods of the kind involved

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to judiciary
Jan 09, 2009 referred to judiciary

S636 - Bill Details

See Assembly Version of this Bill:
A1755
Current Committee:
Law Section:
Uniform Commercial Code

S636 - Bill Texts

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view 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
been used to pay off the remaining debt of the auction/consignment
shop.

This practice is horrendously unfair and penalizes the individual for
financial missteps made by the shop owner. It is the goal of this
legislation to put an end to this practice in New York State.

LEGISLATIVE HISTORY :
S.864, 2007-08; S.1368, 2005-06; S.6875, 2004.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
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