Bill Text: NY A08346 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to making certain technical corrections relating to the UCC revisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-09 - enacting clause stricken [A08346 Detail]
Download: New_York-2017-A08346-Introduced.html
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. LBD11645-01-7A. 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-33houseman"] 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 [or42warehousemen] 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-45man] 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 theA. 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 suchA. 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.
