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S8146Senate2009-2010 SessionSame asA6685

Provides that every banking institution maintaining checking accounts for customers shall pay checks in the order received within account balance

Sponsor Neil D. BreslinSD-46Affects Finance
Status
In Senate Committee
Banks
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Banks

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Who cares

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Sponsors

Primary sponsor
Neil D. Breslin

Senator · Senate District 46

No co-sponsors yet.

History

  1. Referred to banks

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6685Assembly

Provides that every banking institution maintaining checking accounts for customers shall pay checks in the order received within account balance

In Senate Committee · Banks · Sponsor Joel Miller

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S8146

Title of bill

An act to amend the banking law, in relation to the order in which a payor bank shall pay checks

Purpose or general idea of bill

Provides that every banking institution maintaining checking accounts for customers shall pay checks in the order received within account balances.

Summary of specific provisions

A new section 9-V is added to the banking law to require that every banking institution maintaining checking accounts for customers shall pay checks in the order received; provided, however, that if a check is dishonored for insufficient funds and thereafter smaller checks which could be paid are received, the smaller checks shall be honored within the amounts on deposit in the subject account.

Justification

Under current law if a check is presented to a banking institution for a customer maintaining a checking account in that banking institution which exceeds the funds available in the account the check is dishonored and all subsequent checks received by that bank. This occurs, even if there is sufficient funds in the account to honor one or more of the subsequent checks. This would require the banks to honor subsequent checks if the customer's account has sufficient funds to cover those checks.

Prior legislative history

2001-02: A.5529-Remained in the Assembly Committee on Banks 2003-04: A.3148-Remained in the Assembly Committee on Banks 2005-06: A.4599-Remained in the Assembly committee on Banks 2007-08: A.5974-Remained in the Assembly Committee on Banks

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.