NY State Senate Bill 2023-S2769

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to banks
Jan 24, 2023	referred to banks

2023-S2769 (ACTIVE) - Details

See Assembly Version of this Bill:: A1478
Current Committee:: Senate Banks
Law Section:: Banking Law
Laws Affected:: Add §§135 & 458, Bank L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9250
2013-2014: A785
2015-2016: S7741, A3224
2017-2018: S4602, A5413
2019-2020: S2807, A4023
2021-2022: S5815, A8914
2025-2026: S4207, A1721

2023-S2769 (ACTIVE) - Summary

Requires banks to send account notifications in certain circumstances.

2023-S2769 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2769

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the banking law, in relation to requiring banks to noti-
fy customers of account overdrafts in certain circumstances

 
PURPOSE:

This bill will require banks, to notify their customers with accounts
featuring overdraft protection when such protection is exercised.  This
notification will also list any fees and penalties associated with this
service. This will enable the customer to take action as soon as possi-
ble to avoid fees, penalties, and interest on an overdrawn account.

 
SUMMARY OF PROVISIONS:

Section 1: The banking law is amended by adding a new section 135.
Paragraph one states that banks which offer overdraft protection or
similar service that the banks must notify customers when their over-
draft protection has been employed. Paragraph two establishes that this

contact shall be made via email or the customers preferred method of
notification, and shall include a list of penalties or fees associated
with this service.

Section 2: The banking law is amended by adding a new section 458:  This
section is identical to section one.

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

This bill will simply ensure that banking customers are alerted when
their accounts are overdrawn if they have signed up for overdraft
protection or a similar service. This would allow them to act to fix the
situation. Simply put, while it is a customer's responsibility to moni-
tor their account, if for some reason the account does become overdrawn
for some reason, the bank may charge days of fees and penalties before
the customer happens to check their balance, and even then, they would
not readily know what the amount of the fees and penalties being levied
will amount to. By requiring customers be notified when their overdraft
protection has been activated, it creates a situation where customers
are better able to manage their finances.

 
LEGISLATIVE HISTORY:

S5815 2022

4602 CONRIE Same as A 5413 Weprin

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2769 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2769
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 requiring banks to noti-
   fy customers of account overdrafts in certain circumstances
 
   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 135 to
 read as follows:
   § 135. ACCOUNT NOTIFICATIONS. 1. WHERE  A  BANKING  INSTITUTION  UNDER
 THIS ARTICLE OFFERS ITS CUSTOMERS OR DEPOSITORS OVERDRAFT PROTECTION, OR
 ANY  OTHER SIMILAR SERVICE WHEREIN THE BANKING INSTITUTION CHARGES A FEE
 TO PREVENT ACCOUNT PENALTIES FOR INSUFFICIENT  FUNDS,  SUCH  INSTITUTION
 SHALL  NOTIFY  SUCH  CUSTOMER  OR  DEPOSITOR  WHENEVER  SUCH  SERVICE IS
 EMPLOYED TO PREVENT ACCOUNT PENALTIES.
   2. A BANKING INSTITUTION SHALL IMMEDIATELY NOTIFY A CUSTOMER OR DEPOS-
 ITOR OF THE INSUFFICIENCY OF  FUNDS  IN  SUCH  INDIVIDUAL'S  ACCOUNT  OR
 ACCOUNTS  VIA ELECTRONIC MAIL, OR IF THE INDIVIDUAL PREFERS, THROUGH ANY
 OTHER METHOD OF NOTIFICATION. SUCH NOTIFICATION  SHALL  STATE  THAT  THE
 BANK'S  OVERDRAFT  SERVICE  HAS GONE INTO EFFECT AND SHALL LIST ANY FEES
 AND PENALTIES ASSOCIATED WITH SUCH SERVICE.
   § 2. The banking law is amended by adding a new section 458 to read as
 follows:
   § 458. ACCOUNT NOTIFICATIONS. 1. WHERE  A  BANKING  INSTITUTION  UNDER
 THIS ARTICLE OFFERS ITS CUSTOMERS OR DEPOSITORS OVERDRAFT PROTECTION, OR
 ANY  OTHER SIMILAR SERVICE WHEREIN THE BANKING INSTITUTION CHARGES A FEE
 TO PREVENT ACCOUNT PENALTIES FOR INSUFFICIENT  FUNDS,  SUCH  INSTITUTION
 SHALL  NOTIFY  SUCH  CUSTOMER  OR  DEPOSITOR  WHENEVER  SUCH  SERVICE IS
 EMPLOYED TO PREVENT ACCOUNT PENALTIES.
   2. A BANKING INSTITUTION SHALL IMMEDIATELY NOTIFY A CUSTOMER OR DEPOS-
 ITOR OF THE INSUFFICIENCY OF  FUNDS  IN  SUCH  INDIVIDUAL'S  ACCOUNT  OR
 ACCOUNTS  VIA ELECTRONIC MAIL, OR IF THE INDIVIDUAL PREFERS, THROUGH ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01449-01-3

 S. 2769                             2
 
 OTHER METHOD OF NOTIFICATION. SUCH NOTIFICATION  SHALL  STATE  THAT  THE
 BANK'S  OVERDRAFT  SERVICE  HAS GONE INTO EFFECT AND SHALL LIST ANY FEES
 AND PENALTIES ASSOCIATED WITH SUCH SERVICE.
   § 3. This act shall take effect immediately.

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Senate Bill S2769

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Archive: Last Bill Status - In Senate Committee Banks Committee

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2023-S2769 (ACTIVE) - Details

2023-S2769 (ACTIVE) - Summary

2023-S2769 (ACTIVE) - Sponsor Memo

2023-S2769 (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Banks Committee

Actions

2023-S2769 (ACTIVE) - Details

2023-S2769 (ACTIVE) - Summary

2023-S2769 (ACTIVE) - Sponsor Memo

2023-S2769 (ACTIVE) - Bill Text download pdf

Comments