Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2010 |
referred to banks |
Senate Bill S7921
2009-2010 Legislative Session
Sponsored By
(R, IP) Senate District
Archive: Last Bill Status - In Senate Committee Banks 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
Actions
2009-S7921 (ACTIVE) - Details
- Current Committee:
- Senate Banks
- Law Section:
- Banking Law
- Laws Affected:
- Rpld & add ยง9-t, Bank L
2009-S7921 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7921 TITLE OF BILL : An act to amend the banking law, in relation to prohibiting the use of unsolicited mail-loan checks; and to repeal section 9-t of such law relating thereto PURPOSE : To end the unsolicited practice of inadvertent third party subscriptions when a check is endorsed. SUMMARY OF PROVISIONS : Section 9-t of the banking law is repealed and a new section 9-t is added, causing no lending institution the right to issue an unsolicited mail-loan check. EXISTING LAW : Repeal former section 9-t and add new section 9-t. JUSTIFICATION : To make it illegal for banks to solicit via a "monetary instrument" (ie. checks) on a third party's behalf. Recently, a constituent was mailed a check by his bank. The check was made out in the amount of $10.00. Upon endorsing the check, this constituent, without realizing or meaning to do so, automatically signed himself up for a service
2009-S7921 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7921 I N S E N A T E May 24, 2010 ___________ Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the banking law, in relation to prohibiting the use of unsolicited mail-loan checks; and to repeal section 9-t 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 Section 9-t of the banking law is REPEALED and a new section 9-t is added to read as follows: S 9-T. UNSOLICITED MAIL-LOAN CHECKS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "LENDING INSTITUTION" SHALL MEAN A LICENSED LENDER OR A STATE OR FEDERALLY CHARTERED BANK, TRUST COMPANY, SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION. (B) "MAIL-LOAN CHECK" SHALL MEAN A CHECK, MADE OUT TO AND MAILED TO A PERSON BY A LENDING INSTITUTION, WHICH, WHEN CASHED OR DEPOSITED BY SUCH PERSON, OBLIGATES SUCH PERSON TO REPAY TO SUCH LENDING INSTITUTION THE AMOUNT OF THE PROCEEDS OF SUCH CHECK ACCORDING TO TERMS MAILED TO SUCH RECIPIENT WITH SUCH CHECK. 2. NO LENDING INSTITUTION SHALL ISSUE AN UNSOLICITED MAIL-LOAN CHECK. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16945-01-0
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