S T A T E O F N E W Y O R K
________________________________________________________________________
5510
2011-2012 Regular Sessions
I N A S S E M B L Y
February 22, 2011
___________
Introduced by M. of A. TOWNS, STEVENSON -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to processing
fees charged by holders of dishonored checks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 5-328 of the
general obligations law, as amended by chapter 15 of the laws of 1991,
is amended to read as follows:
(a) The holder of a dishonored check given in payment for a consumer
transaction or an account may collect from, charge, or add to the
outstanding balance of the account of, the person from whom such check
was received or to whom such credit was extended, a dishonored check
charge of not more than the lesser of the amount agreed upon, if
contracted for, or [twenty] THIRTY dollars.
S 2. Subdivision 3 of section 5-328 of the general obligations law, as
added by chapter 529 of the laws of 1995, is amended to read as follows:
3. Notwithstanding any other provision of law, any person to whom a
check, draft or like instrument, other than a money order, bank cash-
ier's check or certified check, is tendered for any transaction, other
than a consumer transaction, may, if such instrument is dishonored
charge or collect from the maker or drawer the amount of [twenty] THIRTY
dollars for the return of such unpaid or dishonored instrument.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09648-01-1