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A08346 Summary:

A08346 Actions:

A08346 Committee Votes:

Committee:JUDICIARY   Chair:Weinstein      
DATE:06/19/2017AYE/NAY:19/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Palumbo
Aye
Dinowitz
Aye
Montesano
Aye
Titus
Excused
Barclay
Aye
Lavine
Aye
Goodell
Aye
Zebrowski
Aye
Graf
Aye
Weprin
Aye
Lupinacci
Aye
Braunstein
Aye
Simotas
Excused
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie      
DATE:06/20/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Excused
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Excused
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye

A08346 Floor Votes:

A08346 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8346
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the uniform commercial code, the civil practice law  and
          rules, the lien law, the general obligations law, the banking law, the
          general  business  law,  the  arts  and  cultural  affairs law and the
          personal property law, in relation to making technical corrections  to
          conform with revisions to the uniform commercial code
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (g) of subsection 1 of  section  4-A-105  of  the
     2  uniform commercial code, as added by chapter 208 of the laws of 1990, is
     3  amended to read as follows:
     4  (g) "Prove"  with  respect  to a fact means to meet the burden of estab-
     5         lishing the fact (subsection (b)(8) of section [1-201] 1--201).
     6    § 2. Subsection 1 of section 4-A-106 of the uniform  commercial  code,
     7  as  added  by  chapter  208  of  the laws of 1990, is amended to read as
     8  follows:
     9    (1) The time of receipt of a payment order or communication cancelling
    10  or amending a payment order is determined by  the  rules  applicable  to
    11  receipt  of  a  notice  stated  in  [subsection (27) of] Section [1-201]
    12  1--202.  A receiving bank may fix a cut-off time or times  on  a  funds-
    13  transfer  business  day for the receipt and processing of payment orders
    14  and communications cancelling  or  amending  payment  orders.  Different
    15  cut-off times may apply to payment orders, cancellations, or amendments,
    16  or  to  different categories of payment orders, cancellations, or amend-
    17  ments. A cut-off time may apply to senders generally or  different  cut-
    18  off  times  may  apply  to  different  senders  or categories of payment
    19  orders. If a payment order or communication  cancelling  or  amending  a
    20  payment  order  is received after the close of a funds-transfer business
    21  day or after the appropriate cut-off time on a  funds-transfer  business
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11645-01-7
        A. 8346                             2
 
     1  day,  the receiving bank may treat the payment order or communication as
     2  received at the opening of the next funds-transfer business day.
     3    §  3.  Subsection 2 of section 4-A-204 of the uniform commercial code,
     4  as added by chapter 208 of the laws of  1990,  is  amended  to  read  as
     5  follows:
     6    (2)  Reasonable time under subsection (1) may be fixed by agreement as
     7  stated in subsection [(1)] (b) of Section [1-204] 1--302, but the  obli-
     8  gation  of  a  receiving  bank to refund payment as stated in subsection
     9  [(1)] (b) may not otherwise be varied by agreement.
    10    § 4. Subsection (c) of section 5--103 of the uniform commercial  code,
    11  as  added  by  chapter  471  of  the laws of 2000, is amended to read as
    12  follows:
    13    (c) With the exception of this subsection, subsections (a) and (d)  of
    14  this  section,  paragraphs  (9)  and  (10)  of subsection (a) of section
    15  5--102, subsection (d) of section 5--106, and subsection (d) of  section
    16  5--114,  and  except  to  the  extent  prohibited in [subsection (3) of]
    17  section [1--102] 1--302 and subsection (d) of section 5--117, the effect
    18  of this article may be varied by agreement or by a provision  stated  or
    19  incorporated  by  reference in an undertaking. A term in an agreement or
    20  undertaking generally excusing liability or generally limiting  remedies
    21  for failure to perform obligations is not sufficient to vary obligations
    22  prescribed by this article.
    23    § 5. Subdivision (c) of rule 4518 of the civil practice law and rules,
    24  as  amended  by  chapter  170 of the laws of 1994, is amended to read as
    25  follows:
    26    (c) Other records. All records, writings and other things referred  to
    27  in sections 2306 and 2307 are admissible in evidence under this rule and
    28  are  prima  facie  evidence of the facts contained, provided they bear a
    29  certification or authentication by the head of the hospital, laboratory,
    30  department or bureau of a municipal corporation or of the state,  or  by
    31  an  employee  delegated  for  that  purpose or by a qualified physician.
    32  Where a hospital record is in the custody of  a  warehouse[,  or  "ware-
    33  houseman"] as that term is defined by paragraph [(h) of subdivision one]
    34  thirteen  of  subsection  (a)  of  section [7-102] 7--102 of the uniform
    35  commercial code, pursuant to a plan approved in  writing  by  the  state
    36  commissioner  of  health,  admissibility  under  this subdivision may be
    37  established by a certification made by the manager of the warehouse that
    38  sets forth (i) the authority by which the record is held, including  but
    39  not  limited  to  a  court order, order of the commissioner, or order or
    40  resolution of the governing body or official of the hospital,  and  (ii)
    41  that  the record has been in the exclusive custody of such warehouse [or
    42  warehousemen] since its receipt from the hospital or, if another has had
    43  access to it, the name and address of such person and the date on  which
    44  and  the  circumstances under which such access was had. Any [warehouse-
    45  man] warehouse providing a certification as required by this subdivision
    46  shall have no liability for acts or omissions relating  thereto,  except
    47  for  intentional misconduct, and the [warehouseman] warehouse is author-
    48  ized to assess and collect a reasonable charge for providing the certif-
    49  ication described by this subdivision.
    50    § 6. Section 200 of the lien law, as amended by chapter 30 of the laws
    51  of 1968, is amended to read as follows:
    52    § 200. Sale of personal property to satisfy a  lien.  A  lien  against
    53  personal  property,  other  than  the lien of a [warehouseman] warehouse
    54  pursuant to section 7--209 of the uniform commercial code, the lien of a
    55  carrier pursuant to section 7--307 of the  uniform  commercial  code,  a
    56  security  interest  in goods and the lien of a keeper of a hotel, apart-
        A. 8346                             3
 
     1  ment hotel, inn, boarding-house or lodging-house,  except  an  immigrant
     2  lodging-house,  if  in the legal possession of the lienor, may be satis-
     3  fied by the sale of such property according to the  provisions  of  this
     4  article.
     5    §  7.  Subdivision 1 of section 5-1401 of the general obligations law,
     6  as added by chapter 421 of the laws of  1984,  is  amended  to  read  as
     7  follows:
     8    1.  The  parties to any contract, agreement or undertaking, contingent
     9  or otherwise, in consideration of, or relating to any obligation arising
    10  out of a transaction covering in the aggregate not less than two hundred
    11  fifty thousand dollars, including a  transaction  otherwise  covered  by
    12  subsection [one] (a) of section [1-105] 1--301 of the uniform commercial
    13  code, may agree that the law of this state shall govern their rights and
    14  duties  in  whole or in part, whether or not such contract, agreement or
    15  undertaking bears a reasonable relation  to  this  state.  This  section
    16  shall  not apply to any contract, agreement or undertaking (a) for labor
    17  or personal services, (b) relating  to  any  transaction  for  personal,
    18  family  or  household  services,  or  (c)  to the extent provided to the
    19  contrary in subsection [two]  (c)  of  section  [1-105]  1--301  of  the
    20  uniform commercial code.
    21    §  8. Subdivision 1-c of section 7-101 of the general obligations law,
    22  as amended by chapter 84 of the laws of 2001,  is  amended  to  read  as
    23  follows:
    24    1-c.  This  section  shall  apply  to  money  deposited or advanced on
    25  contracts for the use or rental of personal  property  as  security  for
    26  performance  of  the  contract  or  to  be applied to payments upon such
    27  contract when due, only if (a) such contract is governed by the laws  of
    28  this  state as the result of a choice of law provision in such contract,
    29  in accordance with section [1-105] 1--301 of the uniform commercial code
    30  (subject to the limitations on choice of law by the parties to a consum-
    31  er lease under section 2-A-106 of the uniform commercial code), or  such
    32  contract  is  otherwise governed by the laws of this state in accordance
    33  with applicable conflict of laws rules, and (b) the  lessee  under  such
    34  contract is located within this state, within the meaning of the uniform
    35  commercial code (with respect to the location of debtors), except that a
    36  foreign  air carrier under the Federal Aviation Act of 1958, as amended,
    37  shall not be deemed located in this state solely as a result of having a
    38  designated office of an agent upon whom service of process may  be  made
    39  located in this state.
    40    §  9.  Subdivisions  1  and  2  of  section 138 of the banking law, as
    41  amended by chapter 689 of the laws of  1984,  are  amended  to  read  as
    42  follows:
    43    1.  Notwithstanding  section  [1-105] 1--301 of the uniform commercial
    44  code, any bank or trust company or national bank located in  this  state
    45  which  in  accordance  with  the provisions of this chapter or otherwise
    46  applicable law shall have opened and occupied a branch office or  branch
    47  offices  in  any  foreign  country  shall  be liable for contracts to be
    48  performed at such branch office or offices and for deposits to be repaid
    49  at such branch office or offices to no greater extent than a bank, bank-
    50  ing  corporation  or  other  organization  or  association  for  banking
    51  purposes  organized  and existing under the laws of such foreign country
    52  would be liable under its laws. The laws of such foreign country for the
    53  purpose of this section shall be deemed to include  all  acts,  decrees,
    54  regulations  and  orders promulgated or enforced by a dominant authority
    55  asserting governmental, military or police power  of  any  kind  at  the
        A. 8346                             4
 
     1  place where any such branch office is located, whether or not such domi-
     2  nant authority be recognized as a de facto or de jure government.
     3    2.  Notwithstanding  section  [1-105] 1--301 of the uniform commercial
     4  code, if by action of any such dominant authority which  is  not  recog-
     5  nized  by  the  United  States  as the de jure government of the foreign
     6  territory concerned, any property  situated  in  or  any  amount  to  be
     7  received in such foreign territory and carried as an asset of any branch
     8  office  of  such  bank or trust company or national bank in such foreign
     9  territory is seized, destroyed or cancelled, then the liability of  such
    10  bank  or  trust  company  or  national  bank for any deposit theretofore
    11  received and thereafter to be repaid by it, and for any contract  there-
    12  tofore  made  and thereafter to be performed by it, at any branch office
    13  in such foreign territory shall be reduced pro tanto by  the  proportion
    14  that  the  value (as shown by the books or other records of such bank or
    15  trust company or national bank at the time of such seizure,  destruction
    16  or cancellation) of such assets bears to the aggregate of all the depos-
    17  it and contract liabilities of the branch office or offices of such bank
    18  or trust company or national bank in such foreign territory, as shown at
    19  such time by the books or other records of such bank or trust company or
    20  national bank.
    21    §  10. Paragraphs (a) and (b) of subdivision 3 of section 204-a of the
    22  banking law, as amended by chapter 552 of the laws of 1962, are  amended
    23  to read as follows:
    24    (a)  Notwithstanding  section [1-105] 1--301 of the uniform commercial
    25  code, any foreign banking corporation doing business in this state under
    26  a license issued by the superintendent in accordance with the provisions
    27  of this chapter shall be liable  in  this  state  for  contracts  to  be
    28  performed  at  its  office  or  offices  in any foreign country, and for
    29  deposits to be repaid at such office or offices, to  no  greater  extent
    30  than  a  bank,  banking corporation or other organization or association
    31  for banking purposes organized and  existing  under  the  laws  of  such
    32  foreign country would be liable under its laws. The laws of such foreign
    33  country  for  the purpose of this subdivision shall be deemed to include
    34  all acts, decrees, regulations and orders promulgated or enforced  by  a
    35  dominant  authority  asserting governmental, military or police power of
    36  any kind at the place where any such office is located, whether  or  not
    37  such  dominant  authority be recognized as a de facto or de jure govern-
    38  ment.
    39    (b) Notwithstanding section [1-105] 1--301 of the  uniform  commercial
    40  code,  if  by  action of any such dominant authority which is not recog-
    41  nized by the United States as the de  jure  government  of  the  foreign
    42  territory  concerned,  any  property  situated  in  or  any amount to be
    43  received in such foreign territory and carried as an asset of any office
    44  of such foreign banking corporation in such foreign territory is seized,
    45  destroyed or cancelled, then the liability, if any,  in  this  state  of
    46  such  foreign  banking  corporation for any deposit theretofore received
    47  and thereafter to be repaid by it, and for any contract theretofore made
    48  and thereafter to be performed by it, at  any  office  in  such  foreign
    49  territory  shall  be  reduced pro tanto by the proportion that the value
    50  (as shown by the books or other records of such foreign  banking  corpo-
    51  ration,  at  the  time  of such seizure, destruction or cancellation) of
    52  such assets bears to the aggregate  of  all  the  deposit  and  contract
    53  liabilities of the office or offices of such foreign banking corporation
    54  in  such  foreign territory, as shown at such time by the books or other
    55  records of such foreign banking corporations. Nothing contained in  this
    56  paragraph  shall  diminish or otherwise affect the liability of any such
        A. 8346                             5
 
     1  foreign banking corporation to any corporation, firm or individual which
     2  at the time of such seizure, destruction or  cancellation  was  incorpo-
     3  rated or resident in any state of the United States.
     4    §  11. Subdivision 4 of section 11.01 of the arts and cultural affairs
     5  law, as added by chapter 849 of the laws of 1984, is amended to read  as
     6  follows:
     7    4.  "Creditors"  means  "creditor"  as defined in [subdivision twelve]
     8  paragraph thirteen of subsection (b) of section [1-201]  1--201  of  the
     9  uniform [commerical] commercial code.
    10    §  12.  Subdivision  5 of section 331 of the personal property law, as
    11  added by chapter 1 of the laws of 1994, is amended to read as follows:
    12    5. "Retail lease agreement" or "agreement" means an agreement, entered
    13  into in this state, for the lease of a  motor  vehicle,  and  which  may
    14  include  the  purchase  of  goods  or  services incidental thereto, by a
    15  retail lessee for a scheduled term exceeding four months, whether or not
    16  the lessee has the option to purchase or otherwise become the  owner  of
    17  the  vehicle  at the expiration of the agreement. The term includes such
    18  an agreement wherever entered into if executed by  the  lessee  in  this
    19  state and if solicited in person by a person acting on his own behalf or
    20  that  of  the  lessor.  The  term  does  not include a retail instalment
    21  contract or a rental-purchase agreement as defined in articles nine  and
    22  eleven  of  this  chapter. An agreement that substantially complies with
    23  this article does not create a security interest in a motor  vehicle  as
    24  the  term  "security  interest" is defined in [subdivision thirty-seven]
    25  paragraph thirty-five of subsection (b) of section [1-201] 1--201 of the
    26  uniform commercial code.
    27    § 13. Paragraph (e) of subdivision 7 of section 399-w of  the  general
    28  business  law, as amended by chapter 140 of the laws of 1995, is amended
    29  to read as follows:
    30    (e) "Retail  lease  agreement"  or  "agreement"  means  an  agreement,
    31  entered into in this state, for the lease of goods and which may include
    32  the  purchase  of goods or services incidental thereto by a lessee for a
    33  scheduled term exceeding four months, whether or not the lessee has  the
    34  option  to  purchase  or  otherwise become the owner of the goods at the
    35  expiration of the agreement. The term includes such an agreement wherev-
    36  er entered into if executed by the lessee in this state and if solicited
    37  in person by a person acting on his or her own behalf  or  that  of  the
    38  lessor.  The  term  does  not  include a retail instalment contract or a
    39  rental-purchase agreement as defined in articles ten and eleven  of  the
    40  personal  property  law.  An  agreement that substantially complies with
    41  this article does not create a security interest in  the  goods  as  the
    42  term  "security interest" is defined in [subdivision thirty-seven] para-
    43  graph thirty-five of subsection (b) of section  [1-201]  1--201  of  the
    44  uniform commercial code.
    45    §  14.  Subdivision  6 of section 500 of the personal property law, as
    46  amended by chapter 309 of the laws  of  2010,  is  amended  to  read  as
    47  follows:
    48    6.  "Rental-purchase  agreement"  means  an  agreement  for the use of
    49  merchandise by a consumer for primarily personal, family,  or  household
    50  purposes,  for an initial period of four months or less, that is renewa-
    51  ble with each payment after the initial  period  and  that  permits  the
    52  consumer to become the owner of the property. An agreement that complies
    53  with this article is not a retail installment sales contract, agreement,
    54  or  obligation  as  defined  in  this chapter nor a security interest as
    55  defined  in  [subdivision  thirty-seven]    paragraph   thirty-five   of
    56  subsection (b) of section [1-201] 1--201 of the uniform commercial code.
        A. 8346                             6
 
     1    § 15. This act shall take effect immediately.