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ND HB1243
Bill
Status
3/28/2013
Primary Sponsor
Jason Dockter
Click for details
AI Summary
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Increases maximum collection fees recoverable by check holders from $35 to $40 per instrument for insufficient funds and no-account checks.
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Clarifies that electronic funds transfer authorizations and orders are subject to the same penalties as checks and drafts for insufficient funds violations.
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Establishes civil penalty amounts as the lesser of $200 or three times the instrument amount, with specific language allowing holders' agents or representatives to bring civil actions independently.
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Requires state's attorneys to accept instruments for prosecution within 120 days of dishonor notice, with failure to execute criminal complaints within this period barring prosecution.
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Applies amended provisions to both N.D. Century Code sections 6-08-16 (insufficient funds) and 6-08-16.2 (no-account checks), including updated notice of dishonor forms reflecting the $40 fee limit.
Legislative Description
Issuance of checks without sufficient funds or without an account.
Last Action
Signed by Governor 03/27
3/28/2013