S T A T E O F N E W Y O R K
________________________________________________________________________
3533
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A. COOK,
JACOBS, ORTIZ -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the banking law and the personal property law, in
relation to authorizing licensed lenders to issue credit cards and act
as financing agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The banking law is amended by adding a new section 351-a to
read as follows:
S 351-A. CREDIT CARDS AUTHORIZED. IN PURSUANCE OF THE AUTHORITY GRANT-
ED PURSUANT TO THIS ARTICLE, LICENSED LENDERS SHALL BE EMPOWERED TO
ISSUE CREDIT CARDS, EXTEND CREDIT IN CONNECTION THEREWITH, OTHERWISE
ENGAGE IN OR PARTICIPATE IN CREDIT CARD OPERATIONS, PURSUANT TO AND AS
PROVIDED IN ARTICLE TEN OF THE PERSONAL PROPERTY LAW, AND TO ACT AS
FINANCING AGENCIES AS DEFINED IN SUBDIVISION NINE OF SECTION THREE
HUNDRED ONE AND SUBDIVISION EIGHTEEN OF SECTION FOUR HUNDRED ONE OF THE
PERSONAL PROPERTY LAW.
S 2. Subdivision 9 of section 301 of the personal property law, as
amended by chapter 883 of the laws of 1980, is amended to read as
follows:
9. "Financing agency" means a person engaged, in whole or in part, in
the business of purchasing retail instalment contracts from one or more
retail sellers. The term includes but is not limited to a bank, trust
company, savings bank, savings and loan association, private banker,
LICENSED LENDER AS DEFINED UNDER ARTICLE NINE OF THE BANKING LAW, or
investment company, if so engaged. The term also includes a retail sell-
er engaged, in whole or in part, in the business of holding retail
instalment contracts acquired from retail buyers.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01125-01-1
A. 3533 2
S 3. Subdivision 18 of section 401 of the personal property law, as
amended by chapter 883 of the laws of 1980, is amended to read as
follows:
18. "Financing agency" means a person engaged in this state, in whole
or in part, in the business of purchasing retail instalment contracts,
obligations or credit agreements or indebtedness of buyers under credit
agreements from one or more retail sellers or entering into credit
agreements with retail buyers as provided in subdivision eleven of
section four hundred thirteen of this article but shall not include a
retail seller. The term includes but is not limited to a bank, trust
company, savings bank, savings and loan association, private banker,
LICENSED LENDER AS DEFINED UNDER ARTICLE NINE OF THE BANKING LAW, or
investment company, if so engaged, but shall not include a retail sell-
er.
S 4. This act shall take effect immediately.