S T A T E O F N E W Y O R K
________________________________________________________________________
1227
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Banks
AN ACT to amend the banking law, in relation to the maximum charge that
may be imposed by a banking institution for a check or other instru-
ment drawn on insufficient or uncollected funds and to repeal subdivi-
sion 8 of section 108, section 235-c, and the closing paragraph of
subdivision 13 of section 383 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. Subdivision 8 of section 108 of the banking law is REPEALED
and a new subdivision 8 is added to read as follows:
8. THE MAXIMUM CHARGE WHICH MAY BE IMPOSED BY A BANK OR TRUST COMPANY
IN CONNECTION WITH A CHECK OR OTHER WRITTEN ORDER DRAWN UPON IT ON
INSUFFICIENT FUNDS OR ON UNCOLLECTED BALANCES, IRRESPECTIVE OF WHETHER
THE INSTRUMENT IS PAID, ACCEPTED, OR RETURNED BY THE BANK OR TRUST
COMPANY IS SEVEN DOLLARS AND FIFTY CENTS.
S 2. The opening paragraph of section 202 of the banking law is desig-
nated subdivision 1 and a new subdivision 2 is added to read as follows:
2. THE MAXIMUM CHARGE WHICH MAY BE IMPOSED BY A FOREIGN BANKING CORPO-
RATION IN CONNECTION WITH A CHECK OR OTHER WRITTEN ORDER DRAWN UPON IT
ON INSUFFICIENT FUNDS OR ON UNCOLLECTED BALANCES, IRRESPECTIVE OF WHETH-
ER THE INSTRUMENT IS PAID, ACCEPTED, OR RETURNED BY THE FOREIGN BANKING
CORPORATION IS SEVEN DOLLARS AND FIFTY CENTS.
S 3. Section 235-c of the banking law is REPEALED and a new section
235-c is added to read as follows:
S 235-C. MAXIMUM CHARGE FOR INSUFFICIENT FUNDS. THE MAXIMUM CHARGE
WHICH MAY BE IMPOSED BY A SAVINGS BANK IN CONNECTION WITH A CHECK OR
OTHER WRITTEN ORDER DRAWN UPON IT ON INSUFFICIENT FUNDS OR ON UNCOL-
LECTED BALANCES, IRRESPECTIVE OF WHETHER THE INSTRUMENT IS PAID,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01881-01-9
A. 1227 2
ACCEPTED, OR RETURNED BY THE SAVINGS BANK IS SEVEN DOLLARS AND FIFTY
CENTS.
S 4. The closing paragraph of subdivision 13 of section 383 of the
banking law is REPEALED and a new subdivision 13-a is added to read as
follows:
13-A. THE MAXIMUM CHARGE WHICH MAY BE IMPOSED BY A SAVINGS AND LOAN
ASSOCIATION IN CONNECTION WITH A CHECK OR OTHER WRITTEN ORDER DRAWN UPON
IT ON INSUFFICIENT FUNDS OR ON UNCOLLECTED BALANCES, IRRESPECTIVE OF
WHETHER THE INSTRUMENT IS PAID, ACCEPTED, OR RETURNED BY THE SAVINGS AND
LOAN ASSOCIATION IS SEVEN DOLLARS AND FIFTY CENTS.
S 5. This act shall take effect immediately.