Bill Text: NY A02818 | 2011-2012 | General Assembly | Amended


Bill Title: Relates to guaranteed asset protection waivers in motor vehicle leasing and installment sales.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A02818 Detail]

Download: New_York-2011-A02818-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2818--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on  Judiciary  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to  amend  the  personal  property  law and the banking law, in
         relation to guaranteed asset protection waivers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The personal property law is amended by adding a new arti-
    2  cle 13 to read as follows:
    3                                 ARTICLE 13
    4                     GUARANTEED ASSET PROTECTION WAIVERS
    5  SECTION 555. SCOPE.
    6          556. DEFINITIONS.
    7          557. REQUIREMENTS FOR OFFERING GUARANTEED ASSET PROTECTION WAIV-
    8                 ERS.
    9          558. CONTRACTUAL LIABILITY OR OTHER INSURANCE POLICIES.
   10          559. DISCLOSURES.
   11          560. CANCELLATION.
   12          561. COMMERCIAL TRANSACTIONS EXEMPTED.
   13          562. ENFORCEMENT.
   14          563. INTENT.
   15          564. SEVERABILITY.
   16    S 555. SCOPE. 1. THE PURPOSE OF THIS ARTICLE IS TO PROVIDE A FRAMEWORK
   17  WITHIN WHICH GUARANTEED ASSET PROTECTION WAIVERS ARE DEFINED AND MAY  BE
   18  OFFERED WITHIN THIS STATE.
   19    2. THIS ARTICLE DOES NOT APPLY TO:
   20    (A)  AN  INSURANCE  POLICY  OFFERED BY AN AUTHORIZED INSURER UNDER THE
   21  INSURANCE LAWS OF THIS STATE; OR
   22    (B) A DEBT CANCELLATION OR DEBT SUSPENSION CONTRACT BEING  OFFERED  IN
   23  COMPLIANCE WITH 12 CFR PART 37 OR 12 CFR PART 721 OR OTHER FEDERAL LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05252-02-1
       A. 2818--A                          2
    1    3.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, GUARANTEED ASSET
    2  PROTECTION WAIVERS GOVERNED UNDER THIS ARTICLE DO NOT CONSTITUTE  INSUR-
    3  ANCE AS DEFINED IN SECTION ONE THOUSAND ONE HUNDRED ONE OF THE INSURANCE
    4  LAW.  PERSONS  MARKETING,  SELLING  OR OFFERING TO SELL GUARANTEED ASSET
    5  PROTECTION  WAIVERS  TO  BORROWERS THAT COMPLY WITH THIS ARTICLE ARE NOT
    6  AGENTS, BROKERS, OR INTERMEDIARIES AS DEFINED IN  SECTION  TWO  THOUSAND
    7  ONE  HUNDRED  ONE  OF  THE  INSURANCE LAW AND ARE NOT DOING AN INSURANCE
    8  BUSINESS AS PROVIDED UNDER SECTION ONE THOUSAND ONE HUNDRED ONE  OF  THE
    9  INSURANCE LAW.
   10    S  556.  DEFINITIONS.  THE FOLLOWING TERMS ARE DEFINED FOR PURPOSES OF
   11  THIS ARTICLE AND ARE NOT INTENDED TO PROVIDE ACTUAL  TERMS  REQUIRED  IN
   12  GUARANTEED ASSET PROTECTION WAIVERS.
   13    1. "ADMINISTRATOR" MEANS A PERSON, OTHER THAN AN AUTHORIZED INSURER OR
   14  CREDITOR  THAT PERFORMS ADMINISTRATIVE OR OPERATIONAL FUNCTIONS PURSUANT
   15  TO GUARANTEED ASSET PROTECTION WAIVER PROGRAMS.
   16    2. "AUTHORIZED INSURER" MEANS AN INSURANCE  COMPANY  LICENSED,  REGIS-
   17  TERED,  OR  OTHERWISE AUTHORIZED TO DO BUSINESS IN THIS STATE AS DEFINED
   18  IN SECTION THREE HUNDRED ONE OF THIS CHAPTER.
   19    3. "BORROWER" MEANS A DEBTOR, RETAIL BUYER OR LESSEE, UNDER A  FINANCE
   20  AGREEMENT.
   21    4. "CREDITOR" MEANS:
   22    (A) THE LENDER IN A LOAN OR CREDIT TRANSACTION;
   23    (B) THE LESSOR IN A LEASE TRANSACTION;
   24    (C)  ANY  "RETAIL  SELLER", AS DEFINED IN SECTION THREE HUNDRED ONE OF
   25  THIS CHAPTER OR "RETAIL LESSOR" AS  DEFINED  IN  SECTION  THREE  HUNDRED
   26  THIRTY-ONE  OF  THIS  CHAPTER, OF MOTOR VEHICLES THAT PROVIDES CREDIT TO
   27  "RETAIL BUYERS", AS DEFINED IN SECTION THREE HUNDRED ONE OF THIS CHAPTER
   28  OR "RETAIL LESSEE" AS DEFINED IN SECTION  THREE  HUNDRED  THIRTY-ONE  OF
   29  THIS  CHAPTER, OF SUCH MOTOR VEHICLES PROVIDED THAT SUCH ENTITIES COMPLY
   30  WITH THE PROVISIONS OF THIS SECTION;
   31    (D) THE SELLER IN COMMERCIAL RETAIL INSTALLMENT TRANSACTIONS; OR
   32    (E) THE ASSIGNEES OF ANY OF THE FOREGOING TO  WHOM  THE  CREDIT  OBLI-
   33  GATION IS PAYABLE.
   34    5. "FINANCE AGREEMENT" MEANS A LOAN, LEASE OR RETAIL INSTALLMENT SALES
   35  CONTRACT FOR THE PURCHASE OR LEASE OF A MOTOR VEHICLE.
   36    6. "FREE LOOK PERIOD" MEANS THE PERIOD OF TIME FROM THE EFFECTIVE DATE
   37  OF  THE  GAP  WAIVER UNTIL THE DATE THE BORROWER MAY CANCEL THE CONTRACT
   38  WITHOUT PENALTY, FEES OR COSTS TO THE BORROWER. THIS PERIOD OF TIME MUST
   39  NOT BE SHORTER THAN THIRTY DAYS.
   40    7. "GUARANTEED ASSET  PROTECTION  WAIVER"  OR  "GAP  WAIVER"  MEANS  A
   41  CONTRACTUAL  AGREEMENT WHEREIN A CREDITOR AGREES, FOR A SEPARATE CHARGE,
   42  TO CANCEL OR WAIVE THE GAP AMOUNT AS DEFINED IN SUBDIVISION  FIFTEEN  OF
   43  SECTION  THREE  HUNDRED  THIRTY-ONE  OF THIS CHAPTER DUE ON A BORROWER'S
   44  FINANCE AGREEMENT IN THE EVENT OF A TOTAL PHYSICAL DAMAGE LOSS OR  UNRE-
   45  COVERED  THEFT OF THE MOTOR VEHICLE, WHICH AGREEMENT MUST BE PART OF, OR
   46  A SEPARATE ADDENDUM TO, THE FINANCE AGREEMENT. GAP AMOUNT SHALL HAVE THE
   47  SAME MEANING AS SET  FORTH  IN  SUBDIVISION  FIFTEEN  OF  SECTION  THREE
   48  HUNDRED  THIRTY-ONE  OF THIS CHAPTER, BUT SHALL NOT BE DEEMED TO INCLUDE
   49  ANY AMOUNTS ACTUALLY REFUNDED FROM OTHER SOURCES.
   50    8. "MOTOR VEHICLE" MEANS SELF PROPELLED OR TOWED VEHICLES DESIGNED FOR
   51  PERSONAL OR COMMERCIAL USE, INCLUDING BUT NOT  LIMITED  TO  AUTOMOBILES,
   52  TRUCKS,  MOTORCYCLES, RECREATIONAL VEHICLES, ALL TERRAIN VEHICLES, SNOW-
   53  MOBILES, CAMPERS, BOATS,  PERSONAL  WATERCRAFT,  AND  MOTORCYCLE,  BOAT,
   54  CAMPER AND PERSONAL WATERCRAFT TRAILERS.
       A. 2818--A                          3
    1    9.  "PERSON"  INCLUDES  AN INDIVIDUAL, COMPANY, ASSOCIATION, ORGANIZA-
    2  TION, PARTNERSHIP, BUSINESS TRUST, CORPORATION, AND EVERY FORM OF  LEGAL
    3  ENTITY.
    4    S  557. REQUIREMENTS FOR OFFERING GUARANTEED ASSET PROTECTION WAIVERS.
    5  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW:
    6    1. GAP WAIVERS MAY BE OFFERED, SOLD OR PROVIDED TO BORROWERS  IN  THIS
    7  STATE IN COMPLIANCE WITH THIS CHAPTER.
    8    2.  GAP  WAIVERS  MAY,  AT  THE  OPTION OF THE CREDITOR, BE SOLD FOR A
    9  SINGLE PAYMENT OR MAY BE OFFERED WITH  A  MONTHLY  OR  PERIODIC  PAYMENT
   10  OPTION.
   11    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY COST TO THE BORROW-
   12  ER  FOR  A GUARANTEED ASSET PROTECTION WAIVER ENTERED INTO IN COMPLIANCE
   13  WITH THE TRUTH IN LENDING ACT (15 USC 1601 ET. SEQ.) AND ITS  IMPLEMENT-
   14  ING REGULATIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME, MUST BE SEPA-
   15  RATELY STATED AND IS NOT TO BE CONSIDERED A FINANCE CHARGE OR INTEREST.
   16    4.  A  RETAIL  SELLER  MUST  INSURE ITS GAP WAIVER OBLIGATIONS UNDER A
   17  CONTRACTUAL LIABILITY OR OTHER INSURANCE POLICY ISSUED BY AN  AUTHORIZED
   18  INSURER.  A  CREDITOR,  OTHER  THAN  A RETAIL SELLER, MAY INSURE ITS GAP
   19  WAIVER OBLIGATIONS UNDER A CONTRACTUAL LIABILITY POLICY  OR  OTHER  SUCH
   20  POLICY ISSUED BY AN AUTHORIZED INSURER. ANY SUCH INSURANCE POLICY MAY BE
   21  DIRECTLY OBTAINED BY A CREDITOR, RETAIL SELLER, OR MAY BE PROCURED BY AN
   22  ADMINISTRATOR  TO  COVER  A  CREDITOR'S  OR RETAIL SELLER'S OBLIGATIONS.
   23  HOWEVER RETAIL SELLERS THAT  ARE  LESSORS  ON  MOTOR  VEHICLES  ARE  NOT
   24  REQUIRED  TO  INSURE  OBLIGATIONS  RELATED TO GAP WAIVERS ON SUCH LEASED
   25  VEHICLES.
   26    5. THE GAP WAIVER REMAINS A PART OF THE  FINANCE  AGREEMENT  UPON  THE
   27  ASSIGNMENT, SALE OR TRANSFER OF SUCH FINANCE AGREEMENT BY THE CREDITOR.
   28    6.  NEITHER  THE EXTENSION OF CREDIT, THE TERM OF CREDIT, NOR THE TERM
   29  OF THE RELATED MOTOR VEHICLE SALE OR LEASE MAY BE CONDITIONED  UPON  THE
   30  PURCHASE OF A GAP WAIVER.
   31    7.  ANY CREDITOR THAT OFFERS A GAP WAIVER MUST REPORT THE SALE OF, AND
   32  FORWARD FUNDS RECEIVED ON ALL SUCH WAIVERS TO THE DESIGNATED  PARTY,  IF
   33  ANY,  AS PRESCRIBED IN ANY APPLICABLE ADMINISTRATIVE SERVICES AGREEMENT,
   34  CONTRACTUAL LIABILITY POLICY, OTHER INSURANCE POLICY OR OTHER  SPECIFIED
   35  PROGRAM DOCUMENTS.
   36    8. FUNDS RECEIVED OR HELD BY A CREDITOR OR ADMINISTRATOR AND BELONGING
   37  TO  AN  AUTHORIZED  INSURER,  CREDITOR OR ADMINISTRATOR, PURSUANT TO THE
   38  TERMS OF A WRITTEN AGREEMENT MUST BE HELD BY SUCH CREDITOR  OR  ADMINIS-
   39  TRATOR IN A FIDUCIARY CAPACITY.
   40    9.  A RETAIL SELLER MUST, AT THE TIME OF OFFERING ANY GAP WAIVER, ALSO
   41  DISCLOSE ALTERNATIVE PRODUCTS INCLUDING PRODUCTS OFFERED  UNDER  SECTION
   42  THREE  THOUSAND  FOUR  HUNDRED  TWENTY-SEVEN  OF  THE INSURANCE LAW. THE
   43  RETAIL SELLER IS NOT REQUIRED TO BE LICENSED UNDER THE  INSURANCE  LAWS,
   44  RULES, OR REGULATIONS IN ORDER TO DISCLOSE SUCH ALTERNATIVE PRODUCTS.
   45    S 558. CONTRACTUAL LIABILITY OR OTHER INSURANCE POLICIES.
   46    1.  CONTRACTUAL  LIABILITY  OR  OTHER  INSURANCE POLICIES INSURING GAP
   47  WAIVERS MUST STATE THE OBLIGATION OF THE AUTHORIZED INSURER TO REIMBURSE
   48  OR PAY TO THE CREDITOR ANY SUMS THE CREDITOR  IS  LEGALLY  OBLIGATED  TO
   49  WAIVE UNDER THE GAP WAIVERS ISSUED BY THE CREDITOR AND PURCHASED OR HELD
   50  BY THE BORROWER.
   51    2.  COVERAGE  UNDER  A CONTRACTUAL LIABILITY OR OTHER INSURANCE POLICY
   52  INSURING A GAP WAIVER MUST ALSO COVER ANY SUBSEQUENT ASSIGNEE  UPON  THE
   53  ASSIGNMENT, SALE OR TRANSFER OF THE FINANCE AGREEMENT.
   54    3.  COVERAGE  UNDER  A CONTRACTUAL LIABILITY OR OTHER INSURANCE POLICY
   55  INSURING A GAP WAIVER MUST REMAIN IN EFFECT UNLESS CANCELLED  OR  TERMI-
   56  NATED IN COMPLIANCE WITH APPLICABLE INSURANCE LAWS OF THIS STATE.
       A. 2818--A                          4
    1    4. THE CANCELLATION OR TERMINATION OF A CONTRACTUAL LIABILITY OR OTHER
    2  INSURANCE POLICY MUST NOT REDUCE THE AUTHORIZED INSURER'S RESPONSIBILITY
    3  FOR GAP WAIVERS ISSUED BY THE CREDITOR PRIOR TO THE DATE OF CANCELLATION
    4  OR TERMINATION AND FOR WHICH PREMIUM HAS BEEN RECEIVED BY THE AUTHORIZED
    5  INSURER.
    6    S 559. DISCLOSURES. GUARANTEED ASSET PROTECTION WAIVERS MUST DISCLOSE,
    7  AS  APPLICABLE, IN WRITING AND IN CLEAR, UNDERSTANDABLE LANGUAGE THAT IS
    8  EASY TO READ, THE FOLLOWING:
    9    1. THE NAME AND ADDRESS OF THE INITIAL CREDITOR AND  THE  BORROWER  AT
   10  THE  TIME  OF  SALE,  AND THE IDENTITY OF ANY ADMINISTRATOR IF DIFFERENT
   11  FROM THE CREDITOR.
   12    2. THE PURCHASE PRICE AND THE TERMS OF THE GAP WAIVER, INCLUDING WITH-
   13  OUT LIMITATION, THE REQUIREMENTS FOR PROTECTION, CONDITIONS,  OR  EXCLU-
   14  SIONS ASSOCIATED WITH THE GAP WAIVER.
   15    3.  THAT  THE  BORROWER  MAY  CANCEL THE GAP WAIVER WITHIN A FREE LOOK
   16  PERIOD AS SPECIFIED IN THE WAIVER, AND WILL BE ENTITLED TO A FULL REFUND
   17  OF THE PURCHASE PRICE, SO LONG AS NO BENEFITS HAVE BEEN PROVIDED; OR  IN
   18  THE  EVENT  BENEFITS HAVE BEEN PROVIDED, THE BORROWER MAY RECEIVE A FULL
   19  OR PARTIAL REFUND PURSUANT TO THE TERMS OF THE WAIVER.
   20    4. THE PROCEDURE THE BORROWER MUST FOLLOW, IF ANY, TO OBTAIN GAP WAIV-
   21  ER BENEFITS UNDER THE TERMS AND CONDITIONS OF THE  WAIVER,  INCLUDING  A
   22  TELEPHONE  NUMBER  AND  ADDRESS  WHERE THE BORROWER MAY APPLY FOR WAIVER
   23  BENEFITS.
   24    5. WHETHER OR NOT THE GAP WAIVER IS CANCELLABLE AFTER  THE  FREE  LOOK
   25  PERIOD  AND THE CONDITIONS UNDER WHICH IT MAY BE CANCELLED OR TERMINATED
   26  INCLUDING THE PROCEDURES FOR REQUESTING ANY REFUND DUE.
   27    6. THAT IN ORDER TO RECEIVE ANY REFUND DUE IN THE EVENT OF  A  BORROW-
   28  ER'S  CANCELLATION  OF  THE GAP WAIVER AGREEMENT OR EARLY TERMINATION OF
   29  THE FINANCE AGREEMENT AFTER THE FREE LOOK PERIOD OF THE GAP WAIVER,  THE
   30  BORROWER, IN ACCORDANCE WITH TERMS OF THE WAIVER, MUST PROVIDE A WRITTEN
   31  REQUEST  TO  CANCEL  TO THE CREDITOR, ADMINISTRATOR OR SUCH OTHER PARTY,
   32  WITHIN NINETY DAYS OF  THE  OCCURRENCE  OF  THE  EVENT  TERMINATING  THE
   33  FINANCE AGREEMENT.
   34    7. THE METHODOLOGY FOR CALCULATING ANY REFUND OF THE UNEARNED PURCHASE
   35  PRICE  OF  THE  GAP  WAIVER DUE, IN THE EVENT OF CANCELLATION OF THE GAP
   36  WAIVER OR EARLY TERMINATION OF THE FINANCE AGREEMENT.
   37    8. THAT NEITHER THE EXTENSION OF CREDIT, THE TERMS OF THE CREDIT,  NOR
   38  THE TERMS OF THE RELATED MOTOR VEHICLE SALE OR LEASE, MAY BE CONDITIONED
   39  UPON THE PURCHASE OF THE GAP WAIVER.
   40    S  560. CANCELLATION. 1. GUARANTEED ASSET PROTECTION WAIVER AGREEMENTS
   41  MAY BE CANCELLABLE OR NON-CANCELLABLE AFTER THE FREE  LOOK  PERIOD.  GAP
   42  WAIVERS MUST PROVIDE THAT IF A BORROWER CANCELS A WAIVER WITHIN THE FREE
   43  LOOK  PERIOD,  THE  BORROWER  WILL  BE  ENTITLED TO A FULL REFUND OF THE
   44  PURCHASE PRICE, SO LONG AS NO BENEFITS HAVE BEEN  PROVIDED;  OR  IN  THE
   45  EVENT  BENEFITS  HAVE  BEEN PROVIDED, THE BORROWER MAY RECEIVE A FULL OR
   46  PARTIAL REFUND PURSUANT TO THE TERMS OF THE WAIVER.
   47    2. IN THE EVENT OF A BORROWER'S CANCELLATION  OF  THE  GAP  WAIVER  OR
   48  EARLY TERMINATION OF THE FINANCE AGREEMENT, AFTER THE AGREEMENT HAS BEEN
   49  IN EFFECT BEYOND THE FREE LOOK PERIOD, THE BORROWER MAY BE ENTITLED TO A
   50  REFUND  OF  ANY  UNEARNED  PORTION  OF  THE PURCHASE PRICE OF THE WAIVER
   51  UNLESS THE WAIVER PROVIDES OTHERWISE. IN ORDER TO RECEIVE A REFUND,  THE
   52  BORROWER,  IN  ACCORDANCE  WITH ANY APPLICABLE TERMS OF THE WAIVER, MUST
   53  PROVIDE A WRITTEN REQUEST TO THE CREDITOR, ADMINISTRATOR OR OTHER PARTY,
   54  WITHIN NINETY DAYS OF THE EVENT TERMINATING THE FINANCE AGREEMENT.
   55    3. IF THE CANCELLATION OF A GAP WAIVER OCCURS AS A RESULT OF A DEFAULT
   56  UNDER THE FINANCE AGREEMENT OR THE REPOSSESSION  OF  THE  MOTOR  VEHICLE
       A. 2818--A                          5
    1  ASSOCIATED  WITH  THE FINANCE AGREEMENT, OR ANY OTHER TERMINATION OF THE
    2  FINANCE AGREEMENT, ANY REFUND DUE MAY BE PAID DIRECTLY TO  THE  CREDITOR
    3  OR ADMINISTRATOR AND APPLIED AS SET FORTH IN SUBDIVISION FOUR.
    4    4.  ANY  CANCELLATION  REFUND  UNDER SUBDIVISIONS ONE, TWO OR THREE OF
    5  THIS SUBDIVISION, MAY BE APPLIED BY THE CREDITOR AS A REDUCTION  OF  THE
    6  AMOUNT  OWED  UNDER  THE FINANCE AGREEMENT, UNLESS THE BORROWER CAN SHOW
    7  THAT THE FINANCE AGREEMENT HAS BEEN PAID IN FULL.
    8    S 561. COMMERCIAL TRANSACTIONS EXEMPTED. SUBDIVISION THREE OF  SECTION
    9  FIVE  HUNDRED  FIFTY-SEVEN AND SECTIONS FIVE HUNDRED FIFTY-NINE AND FIVE
   10  HUNDRED SIXTY-TWO OF THIS ARTICLE ARE NOT  APPLICABLE  TO  A  GUARANTEED
   11  ASSET  PROTECTION  WAIVER  OFFERED  IN CONNECTION WITH A LEASE OR RETAIL
   12  INSTALLMENT SALE ASSOCIATED WITH A COMMERCIAL TRANSACTION.
   13    S 562. ENFORCEMENT. THE SUPERINTENDENT OF FINANCIAL SERVICES MAY  TAKE
   14  ACTION  WHICH  IS  NECESSARY OR APPROPRIATE TO ENFORCE THE PROVISIONS OF
   15  THIS SECTION AND TO PROTECT GUARANTEED ASSET PROTECTION  WAIVER  HOLDERS
   16  IN  THIS  STATE.  AFTER  PROPER NOTICE AND OPPORTUNITY FOR HEARING, SUCH
   17  SUPERINTENDENT MAY:
   18    1. ORDER THE CREDITOR,  ADMINISTRATOR  OR  ANY  OTHER  PERSON  NOT  IN
   19  COMPLIANCE WITH THIS SECTION TO CEASE AND DESIST FROM FURTHER GUARANTEED
   20  ASSET  PROTECTION  WAIVER-RELATED  OPERATIONS  WHICH ARE IN VIOLATION OF
   21  THIS SECTION.
   22    2. IMPOSE A PENALTY OF NOT MORE THAN FIVE  HUNDRED  DOLLARS  ($500.00)
   23  PER  VIOLATION  AND  NO  MORE THAN TEN THOUSAND DOLLARS ($10,000) IN THE
   24  AGGREGATE FOR ALL VIOLATIONS OF SIMILAR NATURE.  FOR  PURPOSES  OF  THIS
   25  SECTION,  VIOLATIONS  MUST  BE  OF  A  SIMILAR  NATURE  IF THE VIOLATION
   26  CONSISTS OF THE SAME OR SIMILAR COURSE OF CONDUCT, ACTION  OR  PRACTICE,
   27  IRRESPECTIVE  OF  THE  NUMBER  OF TIMES THE SECTION, CONDUCT OR PRACTICE
   28  WHICH IS DETERMINED TO BE A VIOLATION OF THE SECTION OCCURRED.
   29    S 563. INTENT. THE LEGISLATURE FINDS THAT GUARANTEED ASSET  PROTECTION
   30  WAIVERS  ARE  NOT  INSURANCE.  ALL  GUARANTEED  ASSET PROTECTION WAIVERS
   31  ISSUED PRIOR TO AND AFTER THE DATE OF ENACTMENT OF  THIS  SECTION  SHALL
   32  NOT BE CONSTRUED AS INSURANCE.
   33    S 564. SEVERABILITY. IF ANY PROVISION OF THIS SECTION, OR THE APPLICA-
   34  TION  OF  THE PROVISION TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID,
   35  THE REMAINDER OF THE SECTION, AND THE APPLICATION OF  THE  PROVISION  TO
   36  ANY  PERSON  OR  CIRCUMSTANCES  OTHER  THAN THOSE AS TO WHICH IT IS HELD
   37  INVALID, IS NOT TO BE AFFECTED.
   38    S 2. Section 357 of the banking law is amended by adding a new  subdi-
   39  vision 8 to read as follows:
   40    8.  A  LICENSEE  MAY OFFER TO A BORROWER A GUARANTEED ASSET PROTECTION
   41  WAIVER AS DEFINED IN ARTICLE THIRTEEN OF THE PERSONAL PROPERTY LAW.
   42    S 3. This act shall take effect on the one hundred eightieth day after
   43  it shall have become a law.
feedback