THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GRELL, MARSICO AND GROVE, JUNE 19, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2012  

AN ACT

Amending Title 13 (Commercial Code) of the Pennsylvania

Consolidated Statutes, in transfers of funds, further

providing for exclusion of consumer transactions governed by

Federal law; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 4A102 and 4A108 of Title 13 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4A102.  Subject matter.

Except as otherwise provided in section 4A108 (relating to

[exclusion of consumer transactions governed by Federal law]

relationship to Electronic Fund Transfer Act), this division

applies to funds transfers defined in section 4A104 (relating to

funds transfer; definitions).

§ 4A108.  [Exclusion of consumer transactions governed by

Federal law] Relationship to Electronic Fund Transfer

Act.

[This] (a)  Nonapplicability.--Except as set forth in

subsection (b), this division does not apply to a funds transfer

any part of which is governed by the Electronic Fund Transfer

Act [of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728]

(Public Law 95-630, 15 U.S.C. § 1693 et seq.)[, as amended from

time to time].

(b)  Applicability.--This division applies to a funds

transfer that is a "remittance transfer" as defined in section

919(g)(2) and (3) of the Electronic Fund Transfer Act (15 U.S.C.

§ 1693o-1(g)(2) and (3)), unless the remittance transfer is an

"electronic fund transfer" as defined in section 903(7) of the

Electronic Fund Transfer Act (15 U.S.C. § 1693A(7)).

(c)  Inconsistency.--In a funds transfer to which this

division applies, in the event of an inconsistency between an

applicable provision of this division and an applicable

provision of the Electronic Fund Transfer Act, the provision of

the Electronic Fund Transfer Act governs to the extent of the

inconsistency.

Section 2.  This act shall take effect in 60 days.