Assembly Bill A9596

2019-2020 Legislative Session

Creates the consumer overdraft protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2019-A9596 (ACTIVE) - Details

See Senate Version of this Bill:
S2133
Current Committee:
Assembly Banks
Law Section:
Banking Law
Laws Affected:
Add Art 2-A §§60 - 63, Bank L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6441
2017-2018: S3219
2021-2022: A941, S3248
2023-2024: A2171, S5016

2019-A9596 (ACTIVE) - Summary

Creates the consumer overdraft protection act to ensure that consumers are informed of their options in regard to overdraft protection.

2019-A9596 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9596
 
                           I N  A S S E M B L Y
 
                             January 27, 2020
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Banks
 
 AN ACT to amend the banking law, in relation to  creating  the  consumer
   overdraft protection act
 
   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 article  2-A  to
 read as follows:
                                 ARTICLE 2-A
                     CONSUMER OVERDRAFT PROTECTION ACT
 SECTION 60. LEGISLATIVE INTENT.
         61. DEFINITIONS.
         62. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES.
         63. RESTRICTIONS ON ADVERTISING OF OVERDRAFT PROTECTION PROGRAMS
               OR SERVICES.
   §  60.  LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS THAT MANY NEW
 YORK STATE CONSUMERS ARE NOT INFORMED  OF  OVERDRAFT  PROTECTION  AND/OR
 FEES  UNTIL  AFTER  SUCH  EVENT HAS TAKEN PLACE. IT IS THE LEGISLATURE'S
 INTENT TO ENSURE THAT CONSUMERS ARE INFORMED OF THEIR OPTIONS IN  REGARD
 TO  OVERDRAFT  PROTECTION PRIOR TO INCURRING FEES BY ESTABLISHING APPRO-
 PRIATE PROTECTIONS FOR SUCH CONSUMERS.
   § 61. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "OVERDRAFT  PROTECTION  FEE"  MEANS  ANY  FEE OR CHARGE IMPOSED IN
 CONNECTION WITH ANY ACCOUNT ON WHICH CHECKS OR OTHER DEBITS ARE PAID  BY
 THE  INSTITUTION  IN  WHICH  SUCH  ACCOUNT IS HELD EVEN THOUGH THERE ARE
 INSUFFICIENT FUNDS IN THE ACCOUNT TO COVER SUCH CHECKS OR OTHER  DEBITS,
 UNLESS SUCH FEE OR CHARGE:
   (A)  IS IMPOSED ON AN INCIDENTAL BASIS AS A CUSTOMER ACCOMMODATION AND
 NOT MORE THAN THREE SUCH OVERDRAFT FEES ARE IMPOSED DURING ANY  CALENDAR
 YEAR;
   (B)  IS  IMPOSED  IN CONNECTION WITH AN EXTENSION OF CREDIT THROUGH AN
 OVERDRAFT LINE OF CREDIT THROUGH AN OVERDRAFT  LINE  OR  CREDIT  PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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