2002 Legislation
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HOUSE BILL NO. 583 – UCC, demand drafts

HOUSE BILL NO. 583

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Daily Data Tracking History



H0583...........................................................by BUSINESS
UNIFORM COMMERCIAL CODE - Amends existing law to provide that persons who
transfer demand drafts for consideration make certain warranties unless
such warranties are not given under applicable conflict of law rules; and
to define terms.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Bus
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 69-0-1
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell,
      Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Mortensen
    Floor Sponsor - Higgins
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Com/HuRes
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Hawkins
    Floor Sponsor - Andreason
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/18    To Governor
03/20    Governor signed
         Session Law Chapter 121
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 583
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE UNIFORM COMMERCIAL  CODE;  AMENDING  SECTION  28-3-103,  IDAHO
  3        CODE,  TO PROVIDE A REFERENCE TO DEMAND DRAFTS; AMENDING SECTION 28-3-104,
  4        IDAHO CODE, TO PROVIDE A REFERENCE TO DEMAND DRAFTS AND TO DEFINE  "DEMAND
  5        DRAFT"; AMENDING SECTION 28-3-416, IDAHO CODE, TO PROVIDE THAT PERSONS WHO
  6        TRANSFER  DEMAND  DRAFTS  FOR CONSIDERATION MAKE CERTAIN WARRANTIES UNLESS
  7        SUCH WARRANTIES ARE NOT GIVEN UNDER  APPLICABLE  CONFLICT  OF  LAW  RULES;
  8        AMENDING  SECTION  28-3-417, IDAHO CODE, TO PROVIDE THAT PERSONS OBTAINING
  9        PAYMENT OR ACCEPTANCE ON DEMAND DRAFTS AND PREVIOUS TRANSFERORS OF  DEMAND
 10        DRAFTS  MAKE CERTAIN WARRANTIES UNLESS SUCH WARRANTIES ARE NOT GIVEN UNDER
 11        APPLICABLE CONFLICT OF LAW RULES AND TO DEFINE  "DEMAND  DRAFT";  AMENDING
 12        SECTION  28-4-207,  IDAHO  CODE,  TO  PROVIDE THAT CUSTOMERS OR COLLECTING
 13        BANKS TRANSFERRING DEMAND DRAFTS FOR CONSIDERATION MAKE CERTAIN WARRANTIES
 14        UNLESS SUCH WARRANTIES ARE NOT GIVEN  UNDER  APPLICABLE  CONFLICT  OF  LAW
 15        RULES;  AND AMENDING SECTION 28-4-208, IDAHO CODE, TO PROVIDE FOR PRESENT-
 16        MENT WARRANTIES FOR DEMAND DRAFTS AND  TO  PROVIDE  THAT  SUCH  WARRANTIES
 17        SHALL  NOT APPLY UNDER CERTAIN CONFLICT OF LAW RULES AND TO DEFINE "DEMAND
 18        DRAFT."
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 28-3-103, Idaho Code, be, and the same is  hereby
 21    amended to read as follows:
                                                                        
 22        28-3-103.  DEFINITIONS. (1) In this chapter:
 23        (a)  "Acceptor" means a drawee who has accepted a draft.
 24        (b)  "Drawee" means a person ordered in a draft to make payment.
 25        (c)  "Drawer"  means  a  person who signs or is identified in a draft as a
 26        person ordering payment.
 27        (d)  "Good faith" means honesty in fact in the conduct or transaction con-
 28        cerned.
 29        (e)  "Maker" means a person who signs or is identified in a note as a per-
 30        son undertaking to pay.
 31        (f)  "Order" means a written instruction to pay money signed by the person
 32        giving the instruction.  The instruction may be addressed to  any  person,
 33        including the person giving the instruction, or to one (1) or more persons
 34        jointly  or in the alternative but not in succession.  An authorization to
 35        pay is not an order unless the person authorized to pay is also instructed
 36        to pay.
 37        (g)  "Ordinary care" in the case of a person  engaged  in  business  means
 38        observance  of  reasonable commercial standards, prevailing in the area in
 39        which the person is located, with respect to the  business  in  which  the
 40        person  is  engaged.   In  the case of a bank that takes an instrument for
 41        processing for collection or payment by automated means,  reasonable  com-
 42        mercial standards do not require the bank to examine the instrument if the
 43        failure  to  examine does not violate the bank's prescribed procedures and
                                                                        
                                           2
                                                                        
  1        the bank's procedures do not vary unreasonably from general banking  usage
  2        not disapproved by this chapter or chapter 4.
  3        (h)  "Party" means a party to an instrument.
  4        (i)  "Promise" means a written undertaking to pay money signed by the per-
  5        son undertaking to pay.  An acknowledgment of an obligation by the obligor
  6        is  not    a promise unless the obligor also undertakes to pay the obliga-
  7        tion.
  8        (j)  "Prove" with respect to a fact means to meet the burden of establish-
  9        ing the fact (section 28-1-201(8)).
 10        (k)  "Remitter" means a person who purchases an instrument from its issuer
 11        if the instrument is payable to an identified person other than  the  pur-
 12        chaser.
 13        (2)  Other  definitions applying to this chapter and the sections in which
 14    they appear are:
 15             "Acceptance"                  Section 28-3-409
 16             "Accommodated party"          Section 28-3-419
 17             "Accommodation party"         Section 28-3-419
 18             "Alteration"                  Section 28-3-407
 19             "Anomalous indorsement"       Section 28-3-205
 20             "Blank indorsement"           Section 28-3-205
 21             "Cashier's check"             Section 28-3-104
 22             "Certificate of deposit"      Section 28-3-104
 23             "Certified check"             Section 28-3-409
 24             "Check"                       Section 28-3-104
 25             "Consideration"               Section 28-3-303
 26             "Demand draft"                Section 28-3-104
 27             "Draft"                       Section 28-3-104
 28             "Holder in due course"        Section 28-3-302
 29             "Incomplete instrument"       Section 28-3-115
 30             "Indorsement"                 Section 28-3-204
 31             "Indorser"                    Section 28-3-204
 32             "Instrument"                  Section 28-3-104
 33             "Issue"                       Section 28-3-105
 34             "Issuer"                      Section 28-3-105
 35             "Negotiable instrument"       Section 28-3-104
 36             "Negotiation"                 Section 28-3-201
 37             "Note"                        Section 28-3-104
 38             "Payable at a definite time"  Section 28-3-108
 39             "Payable on demand"           Section 28-3-108
 40             "Payable to bearer"           Section 28-3-109
 41             "Payable to order"            Section 28-3-109
 42             "Payment"                     Section 28-3-602
 43             "Person entitled to enforce"  Section 28-3-301
 44             "Presentment"                 Section 28-3-501
 45             "Reacquisition"               Section 28-3-207
 46             "Special indorsement"         Section 28-3-205
 47             "Teller's check"              Section 28-3-104
 48             "Transfer of instrument"      Section 28-3-203
 49             "Traveler's check"            Section 28-3-104
 50             "Value"                       Section 28-3-303
 51        (3)  The following definitions in other chapters apply to this chapter:
 52             "Bank"                        Section 28-4-105
 53             "Banking day"                 Section 28-4-104
 54             "Clearing house"              Section 28-4-104
 55             "Collecting bank"             Section 28-4-105
                                                                        
                                           3
                                                                        
  1             "Depositary bank"             Section 28-4-105
  2             "Documentary draft"           Section 28-4-104
  3             "Intermediary bank"           Section 28-4-105
  4             "Item"                        Section 28-4-104
  5             "Payor bank"                  Section 28-4-105
  6             "Suspends payments"           Section 28-4-104
  7        (4)  In addition, chapter 1 contains general definitions and principles of
  8    construction and interpretation applicable throughout this chapter.
                                                                        
  9        SECTION 2.  That Section 28-3-104, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        28-3-104.  NEGOTIABLE  INSTRUMENT.  (1)  Except as provided in subsections
 12    (3) and (4) of this section, "negotiable instrument"  means  an  unconditional
 13    promise  or  order to pay a fixed amount of money, with or without interest or
 14    other charges described in the promise or order, if it:
 15        (a)  Is payable to bearer or to order at the time it is  issued  or  first
 16        comes into possession of a holder;
 17        (b)  Is payable on demand or at a definite time; and
 18        (c)  Does  not  state  any  other undertaking or instruction by the person
 19        promising or ordering payment to do any act in addition to the payment  of
 20        money, but the promise or order may contain (i) an undertaking or power to
 21        give,  maintain, or protect collateral to secure payment, (ii) an authori-
 22        zation or power to the holder to confess judgment or realize on or dispose
 23        of collateral, or (iii) a waiver of the benefit of any  law  intended  for
 24        the advantage or protection of an obligor.
 25        (2)  "Instrument" means a negotiable instrument.
 26        (3)  An order that meets all of the requirements of subsection (1) of this
 27    section,  except  paragraph  (a), and otherwise falls within the definition of
 28    "check" in subsection (6) of this section is a  negotiable  instrument  and  a
 29    check.
 30        (4)  A promise or order other than a check is not an instrument if, at the
 31    time  it  is  issued or first comes into possession of a holder, it contains a
 32    conspicuous statement, however expressed, to the effect that  the  promise  or
 33    order is not negotiable or is not an instrument governed by this chapter.
 34        (5)  An  instrument  is a "note" if it is a promise and is a "draft" if it
 35    is an order.  If an instrument falls within the definition of both "note"  and
 36    "draft," a person entitled to enforce the instrument may treat it as either.
 37        (6)  "Check" means (i) a draft, other than a documentary draft, payable on
 38    demand  and  drawn  on a bank, or (ii) a cashier's check or teller's check, or
 39    (iii) a demand draft.  An  instrument  may  be  a  check  even  though  it  is
 40    described on its face by another term, such as "money order."
 41        (7)  "Cashier's  check" means a draft with respect to which the drawer and
 42    drawee are the same bank or branches of the same bank.
 43        (8)  "Teller's check" means a draft drawn by a bank (i) on  another  bank,
 44    or (ii) payable at or through a bank.
 45        (9)  "Traveler's check" means an instrument that (i) is payable on demand,
 46    (ii)  is  drawn on or payable at or through a bank, (iii) is designated by the
 47    term "traveler's check" or by a substantially similar term, and (iv) requires,
 48    as a condition to payment, a countersignature by a person whose specimen  sig-
 49    nature appears on the instrument.
 50        (10) "Certificate  of  deposit" means an instrument containing an acknowl-
 51    edgment by a bank that a sum of money has been received  by  the  bank  and  a
 52    promise  by the bank to repay the sum of money.  A certificate of deposit is a
 53    note of the bank.
                                                                        
                                           4
                                                                        
  1        (11) "Demand draft" means a writing not signed by  the  customer  that  is
  2    created by a third party under the purported authority of the customer for the
  3    purpose  of  charging the customer's account with a bank. A demand draft shall
  4    contain the customer's account number and may contain any or all of  the  fol-
  5    lowing:
  6        (a)  The customer's printed or typewritten name;
  7        (b)  A notation that the customer authorized the draft; or
  8        (c)  The statement "no signature required" or words to that effect.
  9        "Demand  draft"  does not include a check purportedly drawn by and bearing
 10    the signature of a fiduciary, as defined in section 68-301, Idaho Code.
                                                                        
 11        SECTION 3.  That Section 28-3-416, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:
                                                                        
 13        28-3-416.  TRANSFER  WARRANTIES.  (1) A person who transfers an instrument
 14    for consideration warrants to the  transferee  and,  if  the  transfer  is  by
 15    indorsement, to any subsequent transferee that:
 16        (a)  The warrantor is a person entitled to enforce the instrument;
 17        (b)  All signatures on the instrument are authentic and authorized;
 18        (c)  The instrument has not been altered;
 19        (d)  The  instrument is not subject to a defense or claim in recoupment of
 20        any party which can be asserted against the warrantor; and
 21        (e)  The warrantor has no knowledge of any insolvency proceeding commenced
 22        with respect to the maker or acceptor or, in the  case  of  an  unaccepted
 23        draft, the drawer; and
 24        (f)  If  the  instrument  is  a  demand  draft, creation of the instrument
 25        according to the terms on its face was authorized by the person identified
 26        as drawer.
 27        (2)  A person to whom the warranties under subsection (1) of this  section
 28    are  made  and  who  took  the  instrument  in good faith may recover from the
 29    warrantor as damages for breach of warranty an amount equal to the  loss  suf-
 30    fered  as  a result of the breach, but not more than the amount of the instru-
 31    ment plus expenses and loss of interest incurred as a result of the breach.
 32        (3)  The warranties stated in subsection (1) of  this  section  cannot  be
 33    disclaimed  with  respect  to  checks.  Unless notice of a claim for breach of
 34    warranty is given to the warrantor within thirty (30) days after the  claimant
 35    has  reason  to know of the breach and the identity of the warrantor, the lia-
 36    bility of the warrantor under subsection (2) of this section is discharged  to
 37    the extent of any loss caused by the delay in giving notice of the claim.
 38        (4)    A cause of action for breach of warranty under this section accrues
 39    when the claimant has reason to know of the breach.
 40        (5)  If the warranty in subsection (1)(f) of this section is not given  by
 41    a  transferor under applicable conflict of law rules, then the warranty is not
 42    given to that transferor  when that transferor is a transferee.
                                                                        
 43        SECTION 4.  That Section 28-3-417, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        28-3-417.  PRESENTMENT WARRANTIES. (1) If an unaccepted draft is presented
 46    to  the  drawee  for  payment or acceptance and the drawee pays or accepts the
 47    draft, (i) the person obtaining payment or acceptance, at the time of present-
 48    ment, and (ii) a previous transferor of the draft, at the  time  of  transfer,
 49    warrant  to  the  drawee  making  payment or accepting the draft in good faith
 50    that:
 51        (a)  The warrantor is, or was, at the time the warrantor  transferred  the
                                                                        
                                           5
                                                                        
  1        draft, a person entitled to enforce the draft or authorized to obtain pay-
  2        ment  or acceptance of the draft on behalf of a person entitled to enforce
  3        the draft;
  4        (b)  The draft has not been altered; and
  5        (c)  The warrantor has no knowledge that the signature of  the  drawer  of
  6        the draft is unauthorized; and
  7        (d)  If  the draft is a demand draft, creation of the demand draft accord-
  8        ing to the terms on its face was authorized by the  person  identified  as
  9        drawer.
 10        (2)  A  drawee  making  payment may recover from any warrantor damages for
 11    breach of warranty equal to the amount paid by the drawee less the amount  the
 12    drawee  received or is entitled to receive from the drawer because of the pay-
 13    ment.  In addition, the drawee is entitled to compensation  for  expenses  and
 14    loss  of  interest  resulting  from  the  breach.   The right of the drawee to
 15    recover damages under this subsection is not affected by any  failure  of  the
 16    drawee to exercise ordinary care in making payment.  If the drawee accepts the
 17    draft,  breach of warranty is a defense to the obligation of the acceptor.  If
 18    the acceptor makes payment with respect to the draft, the acceptor is entitled
 19    to recover from any warrantor for breach of warranty  the  amounts  stated  in
 20    this subsection.
 21        (3)  If  a  drawee asserts a claim for breach of warranty under subsection
 22    (1) of this section, based on an unauthorized indorsement of the draft  or  an
 23    alteration of the draft, the warrantor may defend by proving that the indorse-
 24    ment  is  effective  under  section 28-3-404 or 28-3-405 or the drawer is pre-
 25    cluded under section 28-3-406 or 28-4-406 from asserting  against  the  drawee
 26    the unauthorized indorsement or alteration.
 27        (4)  If  (i)  a dishonored draft is presented for payment to the drawer or
 28    an indorser or (ii) any other instrument is presented for payment to  a  party
 29    obliged  to  pay  the instrument, and (iii) payment is received, the following
 30    rules apply:
 31        (a)  The person obtaining payment and a prior transferor of the instrument
 32        warrant to the person making payment in good faith that the warrantor  is,
 33        or  was,  at  the  time the warrantor transferred the instrument, a person
 34        entitled to enforce the instrument or  authorized  to  obtain  payment  on
 35        behalf of a person entitled to enforce the instrument.
 36        (b)  The  person  making payment may recover from any warrantor for breach
 37        of warranty an amount equal to the amount paid plus expenses and  loss  of
 38        interest resulting from the breach.
 39        (5)  The warranties stated in subsections (1) and (4) of this section can-
 40    not be disclaimed with respect to checks.  Unless notice of a claim for breach
 41    of warranty is given to the warrantor within thirty (30) days after the claim-
 42    ant  has  reason to know of the breach  and the identity of the warrantor, the
 43    liability of the warrantor under subsection (2) or (4) of this section is dis-
 44    charged to the extent of any loss caused by the delay in giving notice of  the
 45    claim.
 46        (6)  A  cause  of action for breach of warranty under this section accrues
 47    when the claimant has reason to know of the breach.
 48        (7)  A demand draft is a check, as provided in section 28-3-104.
 49        (8)  If the warranty in subsection (1)(d) of this section is not given  by
 50    a transferor under applicable conflict of law rules, the warranty is not given
 51    to that transferor when the transferor is a transferee.
                                                                        
 52        SECTION  5.  That Section 28-4-207, Idaho Code, be, and the same is hereby
 53    amended to read as follows:
                                                                        
                                           6
                                                                        
  1        28-4-207.  TRANSFER WARRANTIES. (1) A customer  or  collecting  bank  that
  2    transfers an item and receives a settlement or other consideration warrants to
  3    the transferee and to any subsequent collecting bank that:
  4        (a)  The warrantor is a person entitled to enforce the item;
  5        (b)  All signatures on the item are authentic and authorized;
  6        (c)  The item has not been altered;
  7        (d)  The  item is not subject to a defense or claim in recoupment (section
  8        28-3-305(1)) of any party that can be asserted against the warrantor; and
  9        (e)  The warrantor has no knowledge of any insolvency proceeding commenced
 10        with respect to the maker or acceptor or, in the  case  of  an  unaccepted
 11        draft, the drawer; and
 12        (f)  If  the item is a demand draft, creation of the item according to the
 13        terms on its face was authorized by the person identified as drawer.
 14        (2)  If an item is dishonored, a customer or collecting bank  transferring
 15    the item and receiving settlement or other consideration is obliged to pay the
 16    amount  due  on the item (i) according to the terms of the item at the time it
 17    was transferred, or (ii) if the transfer was of an incomplete item,  according
 18    to  its  terms when completed as stated in sections 28-3-115 and 28-3-407. The
 19    obligation of a transferor is owed to the transferee  and  to  any  subsequent
 20    collecting  bank  that  takes the item in good faith. A transferor cannot dis-
 21    claim its obligation under this subsection by an indorsement stating  that  it
 22    is made "without recourse" or otherwise disclaiming liability.
 23        (3)  A  person to whom the warranties under subsection (1) of this section
 24    are made and who took the item in good faith may recover from the warrantor as
 25    damages for breach of warranty an amount equal  to  the  loss  suffered  as  a
 26    result  of  the breach, but not more than the amount of the item plus expenses
 27    and loss of interest incurred as a result of the breach.
 28        (4)  The warranties stated in subsection (1) of  this  section  cannot  be
 29    disclaimed with respect to checks. Unless notice of a claim for breach of war-
 30    ranty is given to the warrantor within thirty (30) days after the claimant has
 31    reason  to know of the breach and the identity of the warrantor, the warrantor
 32    is discharged to the extent of any loss caused by the delay in  giving  notice
 33    of the claim.
 34        (5)  A  cause  of action for breach of warranty under this section accrues
 35    when the claimant has reason to know of the breach.
 36        (6)  If the warranty in subsection (1)(f) of this section is not given  by
 37    a transferor under applicable conflict of law rules, the warranty is not given
 38    to that transferor  when the transferor is a transferee, nor to any prior col-
 39    lecting bank.
                                                                        
 40        SECTION  6.  That Section 28-4-208, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        28-4-208.  PRESENTMENT WARRANTIES. (1) If an unaccepted draft is presented
 43    to the drawee for payment or acceptance and the drawee  pays  or  accepts  the
 44    draft, (i) the person obtaining payment or acceptance, at the time of present-
 45    ment,  and  (ii)  a previous transferor of the draft, at the time of transfer,
 46    warrant to the drawee that pays or accepts the draft in good faith that:
 47        (a)  The warrantor is, or was, at the time the warrantor  transferred  the
 48        draft, a person entitled to enforce the draft or authorized to obtain pay-
 49        ment  or acceptance of the draft on behalf of a person entitled to enforce
 50        the draft;
 51        (b)  The draft has not been altered; and
 52        (c)  The warrantor has no knowledge that the signature  of  the  purported
 53        drawer of the draft is unauthorized; and
                                                                        
                                           7
                                                                        
  1        (d)  If  the draft is a demand draft, creation of the demand draft accord-
  2        ing to the terms on its face was authorized by the  person  identified  as
  3        drawer.
  4        (2)  A  drawee  making  payment  may  recover from a warrantor damages for
  5    breach of warranty equal to the amount paid by the drawee less the amount  the
  6    drawee  received or is entitled to receive from the drawer because of the pay-
  7    ment.  In addition, the drawee is entitled to compensation  for  expenses  and
  8    loss  of  interest  resulting  from  the  breach.   The right of the drawee to
  9    recover damages under this subsection is not affected by any  failure  of  the
 10    drawee to exercise ordinary care in making payment.  If the drawee accepts the
 11    draft  (i)  breach of warranty is a defense to the obligation of the acceptor,
 12    and (ii) if the acceptor makes payment with respect to the draft, the acceptor
 13    is entitled to recover from a warrantor for breach  of  warranty  the  amounts
 14    stated in this subsection.
 15        (3)  If  a  drawee asserts a claim for breach of warranty under subsection
 16    (1) of this section based on an unauthorized indorsement of the  draft  or  an
 17    alteration of the draft, the warrantor may defend by proving that the indorse-
 18    ment  is  effective  under  section 28-3-404 or 28-3-405 or the drawer is pre-
 19    cluded under section 28-3-406 or 28-4-406 from asserting  against  the  drawee
 20    the unauthorized indorsement or alteration.
 21        (4)  If  (i)  a dishonored draft is presented for payment to the drawer or
 22    an indorser or (ii) any other item is presented for payment to a party obliged
 23    to pay the item, and the item is paid, the  person  obtaining  payment  and  a
 24    prior  transferor  of  the  item  warrant to the person making payment in good
 25    faith that the warrantor is, or was, at the time the warrantor transferred the
 26    item, a person entitled to enforce the item or authorized to obtain payment on
 27    behalf of a person entitled to enforce the item.  The  person  making  payment
 28    may  recover  from any warrantor for breach of warranty an amount equal to the
 29    amount paid plus expenses and loss of interest resulting from the breach.
 30        (5)  The warranties stated in subsections (1) and (2) of this section can-
 31    not be disclaimed with respect to checks.  Unless notice of a claim for breach
 32    of warranty is given to the warrantor within thirty (30) days after the claim-
 33    ant has reason to know of the breach and the identity of  the  warrantor,  the
 34    warrantor  is discharged to the extent of any loss caused by the delay in giv-
 35    ing notice of the claim.
 36        (6)  A cause of action for breach of warranty under this  section  accrues
 37    when  the claimant has reason to know of the breach.
 38        (7)  A demand draft is a check, as provided in section 28-3-104.
 39        (8)  If  the warranty in subsection (1)(d) of this section is not given by
 40    a transferor under applicable conflict of law rules, the warranty is not given
 41    to that transferor when the transferor is a transferee.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                          RS 11955

“Demand drafts” are a type of negotiable instrument which are 
authorized by a bank customer but need not be signed by that 
customer. They are commonly used by consumers to purchase goods 
or services by telephone. The purpose of this bill is to establish 
that in the case of a fraudulent demand draft, the perpetrator’s 
banks bears the risk of loss, not the consumer’s bank.

Occasionally, an identity thief (“perpetrator”) steals a consumer’s 
bank account number, and then uses this number to draw funds from 
the consumer’s account by creating a fraudulent demand draft. The 
consumer will not discover the fraud until he receives his bank 
statement, but so long as he notifies his bank within thirty (30) 
days following the receipt of his statement, the bank is required 
to re-credit the customer’s account. Under present UCC rules, the 
customer’s bank is stuck with the loss, because it is too late to 
return the fraudulent demand draft to the bank which accepted it 
from the perpetrator. This bill would change the UCC rule on demand 
drafts to be the same as the rule for stolen or forged checks: the 
customer’s bank would have up to a year to pursue recovery of the 
item from the bank which took the fraudulent demand draft from the 
perpetrator. As between the two banks, this is the fairer outcome, 
since the bank which dealt with the perpetrator is in the best 
position to prevent the fraud in the first place.
	
Similar legislation has already been enacted in California, Hawaii, 
North Dakota, Oregon, Texas, Utah and West Virginia.

                    FISCAL IMPACT

	This legislation would have no impact on the general fund.




Contact
Name:	Patrick V. Collins
Hawley Troxell Ennis & Hawley LLP
Counsel for the Idaho Bankers Association
Phone:	(208) 334-6000


STATEMENT OF PURPOSE/FISCAL NOTE	      H 583