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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GRELL, MARSICO AND GROVE, JUNE 19, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2012 |
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| AN ACT |
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1 | Amending Title 13 (Commercial Code) of the Pennsylvania |
2 | Consolidated Statutes, in transfers of funds, further |
3 | providing for exclusion of consumer transactions governed by |
4 | Federal law; and making an editorial change. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Sections 4A102 and 4A108 of Title 13 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 4A102. Subject matter. |
10 | Except as otherwise provided in section 4A108 (relating to |
11 | [exclusion of consumer transactions governed by Federal law] |
12 | relationship to Electronic Fund Transfer Act), this division |
13 | applies to funds transfers defined in section 4A104 (relating to |
14 | funds transfer; definitions). |
15 | § 4A108. [Exclusion of consumer transactions governed by |
16 | Federal law] Relationship to Electronic Fund Transfer |
17 | Act. |
18 | [This] (a) Nonapplicability.--Except as set forth in |
19 | subsection (b), this division does not apply to a funds transfer |
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1 | any part of which is governed by the Electronic Fund Transfer |
2 | Act [of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728] |
3 | (Public Law 95-630, 15 U.S.C. § 1693 et seq.)[, as amended from |
4 | time to time]. |
5 | (b) Applicability.--This division applies to a funds |
6 | transfer that is a "remittance transfer" as defined in section |
7 | 919(g)(2) and (3) of the Electronic Fund Transfer Act (15 U.S.C. |
8 | § 1693o-1(g)(2) and (3)), unless the remittance transfer is an |
9 | "electronic fund transfer" as defined in section 903(7) of the |
10 | Electronic Fund Transfer Act (15 U.S.C. § 1693A(7)). |
11 | (c) Inconsistency.--In a funds transfer to which this |
12 | division applies, in the event of an inconsistency between an |
13 | applicable provision of this division and an applicable |
14 | provision of the Electronic Fund Transfer Act, the provision of |
15 | the Electronic Fund Transfer Act governs to the extent of the |
16 | inconsistency. |
17 | Section 2. This act shall take effect in 60 days. |
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