Senate
Study
Bill
1094
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
funds
transfers
under
the
uniform
commercial
1
code,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
554.12108,
Code
2013,
is
amended
to
read
1
as
follows:
2
554.12108
Exclusion
of
consumer
transactions
governed
by
3
federal
law
Relationship
to
Electronic
Fund
Transfer
Act
.
4
1.
This
Except
as
provided
in
subsection
2,
this
article
5
does
not
apply
to
a
funds
transfer
any
part
of
which
is
6
governed
by
the
Electronic
Fund
Transfer
Act
of
1978,
15
U.S.C.
7
§
1693
et
seq.
8
2.
This
article
applies
to
a
funds
transfer
that
is
a
9
remittance
transfer
as
defined
in
the
Electronic
Fund
Transfer
10
Act,
15
U.S.C.
§
1693o-1,
unless
the
remittance
transfer
is
11
an
electronic
fund
transfer
as
defined
in
the
Electronic
Fund
12
Transfer
Act,
15
U.S.C.
§
1693a.
13
3.
In
a
funds
transfer
to
which
this
article
applies,
in
the
14
event
of
an
inconsistency
between
an
applicable
provision
of
15
this
article
and
an
applicable
provision
of
the
Electronic
Fund
16
Transfer
Act,
the
provision
of
the
Electronic
Fund
Transfer
Act
17
governs
to
the
extent
of
the
inconsistency.
18
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
19
immediate
importance,
takes
effect
upon
enactment.
20
EXPLANATION
21
SUMMARY.
This
bill
amends
Code
chapter
554,
Article
12,
by
22
providing
that
its
provisions
apply
to
a
“remittance
transfer”
23
as
defined
in
the
federal
Electronic
Fund
Transfer
Act
of
1978,
24
“EFTA”,
15
U.S.C.
§
1693
et
seq.,
unless
any
provision
of
the
25
federal
statute
(or
associated
regulation)
also
applies.
26
BACKGROUND
——
ARTICLE
4A
AND
THE
EFTA.
Article
4A
of
the
27
Uniform
Commercial
Code,
recommended
by
the
National
Conference
28
of
Commissioners
on
Uniform
State
Laws
(Uniform
Law
Commission)
29
and
the
American
Law
Institute,
regulate
the
electronic
30
transfer
of
payment
orders
made
through
a
wire
service
between
31
commercial
parties,
such
as
from
one
bank
to
another.
By
32
contrast,
the
EFTA
regulates
electronic
fund
transfers
33
involving
consumers
(e.g.,
transactions
using
automatic
teller
34
machines).
In
Iowa,
Article
4A
is
codified
as
Article
12
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_____
of
the
Uniform
Commercial
Code,
and
Code
section
554.12101
1
provides
the
exception
for
the
EFTA
(i.e.,
transactions
2
affecting
consumers).
3
BACKGROUND
——
REMITTANCE
TRANSFER.
According
to
the
Uniform
4
Law
Commission’s
official
comment,
its
recommended
amendment
5
to
Section
4A.108
is
in
to
response
to
the
“Dodd-Frank
Wall
6
Street
Reform
and
Consumer
Protection
Act
of
2010”
(Public
7
Law
111-203).
That
Act
in
part
amends
the
EFTA,
and
requires
8
the
new
federal
Bureau
of
Consumer
Financial
Protection
to
9
adopt
implementing
regulations
effective
February
7,
2013
(77
10
Federal
Register
No.
25
(February
7,
2012),
p.
6194).
Part
of
11
the
new
federal
Act
and
its
accompanying
regulations
create
12
new
compliance
requirements
to
protect
consumers
who
transfer
13
moneys
from
the
United
States
to
a
foreign
destination
(15
14
U.S.C.
§
1693
et
seq.),
which
is
referred
to
as
a
“remittance
15
transfer”.
Specifically,
the
EFTA
now
defines
this
as
an
16
electronic
transfer
of
funds
requested
by
a
sender
(consumer)
17
located
in
any
state
to
a
designated
recipient
that
is
18
initiated
by
a
“remittance
transfer
provider”
(a
person
or
19
financial
institution)
who
provides
such
services
in
the
normal
20
course
of
business
(15
U.S.C.
§
1693o-1(g)).
21
EXCEPTION
CARVE
OUT.
While
the
EFTA
regulates
some
22
remittance
transfers,
it
does
not
address
all
classes
of
23
such
transactions,
including
types
of
a
funds
transfer
which
24
have
been
covered
under
Article
4A.
Therefore,
when
the
25
implementing
federal
regulations
become
effective
on
February
26
7,
2013,
some
remittance
transfers
will
not
be
covered
either
27
by
federal
law
(EFTA)
or
state
law
(Article
12
is
Iowa’s
28
version
of
Article
4A).
The
bill
provides
that
a
funds
29
transfer
that
is
a
remittance
transfer
but
not
an
electronic
30
fund
transfer
under
the
EFTA
will
still
be
governed
under
31
Article
4A
(Iowa’s
Article
12).
32
EFFECTIVE
DATE.
The
bill
goes
into
effect
immediately
upon
33
enactment.
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