S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1391
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Banks
 
 AN  ACT  to  amend  the  banking law, in relation to prohibiting certain
   check cashing fees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 9-h of the banking law, as added by chapter 90 of
 the laws of 1985, is amended to read as follows:
   § 9-h. Imposition of service charges prohibited. 1. No banking  organ-
 ization  shall  impose  any  service  charge with respect to any deposit
 account as a result of the loss of a check or money  which  is  properly
 deposited  with  the  banking organization by delivery to an employee of
 the banking organization for credit to the deposit account and for which
 a written receipt is issued by the employee.
   2. NO BANKING ORGANIZATION  SHALL  IMPOSE,  OR  SEEK  TO  IMPOSE,  ANY
 SERVICE  CHARGE, OR COLLECT ANY FEE, FOR THE CASHING OF A CHECK OR DRAFT
 DRAWN ON AN ACCOUNT AT SUCH BANKING ORGANIZATION, FROM A PERSON TO  WHOM
 SUCH CHECK OR DRAFT IS PAYABLE, REGARDLESS OF WHETHER OR NOT SUCH PERSON
 TO  WHOM  SUCH CHECK OR DRAFT IS PAYABLE IS A CUSTOMER OR ACCOUNT HOLDER
 OF THE BANKING ORGANIZATION UPON WHICH SUCH CHECK  OR  DRAFT  IS  DRAWN.
 NOTHING IN THIS SUBDIVISION SHALL REQUIRE A BANKING ORGANIZATION TO CASH
 A  CHECK  OR A DRAFT WHERE THE ACCOUNT FROM WHICH SUCH CHECK OR DRAFT IS
 PAYABLE DOES NOT MAINTAIN SUFFICIENT FUNDS TO PAY SUCH CHECK  OR  DRAFT.
 NOTHING IN THIS SUBDIVISION SHALL FURTHER PROHIBIT ANY BANKING ORGANIZA-
 TION FROM CHARGING ANY ACCOUNT HOLDER ANY SERVICE CHARGE FOR THE CASHING
 OF A CHECK OR A DRAFT. NOTHING IN THIS SUBDIVISION SHALL ADDITIONALLY BE
 DEEMED  TO  PREVENT  ANY BANKING ORGANIZATION FROM REQUESTING TO EXAMINE
 FROM ANY PERSON SEEKING TO CASH A CHECK OR A DRAFT DRAWN ON SUCH BANKING
 ORGANIZATION, FOR SUFFICIENT IDENTIFICATION NECESSARY TO PROPERLY  IDEN-
 TIFY  SUCH  PERSON  AS THE PERSON TO WHOM THE CHECK OR DRAFT IS PAYABLE.
 FOR PURPOSES OF THIS SECTION, A VALID AND UP TO DATE  DRIVER'S  LICENSE,
 NON-DRIVER'S  IDENTIFICATION  CARD,  OR  UNITED STATES PASSPORT SHALL BE
 DEEMED TO CONSTITUTE SUFFICIENT IDENTIFICATION.
   § 2. This act shall take effect immediately.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05105-01-9