S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 2001                                                  A. 5057

                              2009-2010 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   February 10, 2009
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Banks

       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Banks

       AN ACT to amend the banking law, in relation to prohibiting the charging
         of certain ATM fees for accessing child support payments

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The banking law is amended by adding a new section 9-v to
    2  read as follows:
    3    S 9-V. ATM TRANSACTIONS BY PERSONS ACCESSING CHILD  SUPPORT  PAYMENTS.
    4  1.  ANY BANK, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THIS ARTI-
    5  CLE, SHALL WAIVE THE ATM FEE  OF  ANY  PERSON  ACCESSING  CHILD  SUPPORT
    6  PAYMENTS  PURSUANT  TO  ANY  ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL
    7  SUPPORT ISSUED UNDER THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR
    8  TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW, OR ARTICLE FOUR,  FIVE,
    9  FIVE-A OR FIVE-B OF THE FAMILY COURT ACT.
   10    2.  THE  SUPERINTENDENT,  IN  CONJUNCTION WITH THE COMMISSIONER OF THE
   11  OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL PROMULGATE ANY  RULES  AND
   12  REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   13    S 2. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law; provided, however, that effective immediate-
   15  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   16  necessary for the implementation of this act on its effective  date  are
   17  authorized  and  directed  to  be  made  and completed on or before such
   18  effective date.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04036-01-9