An Act To Make the State's Uniform Commercial Code Compatible with the Federal Electronic Fund Transfer Act
Maine Legislature, Session 126, LD 1038
Committee: Judiciary
Sponsors: VALENTINO, CROCKETT, GUERIN, MONAGHAN-DERRIG, PRIEST
Amends: 11 MRSA §4

Legislative Document 
No. 1038 
S.P. 352 
In Senate, March 14, 2013 
An Act To Make the State's Uniform Commercial Code Compatible 
with the Federal Electronic Fund Transfer Act 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Representatives: CROCKETT of Bethel, GUERIN of Glenburn, 
MONAGHAN-DERRIG of Cape Elizabeth, PRIEST of Brunswick. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the State's Uniform Commercial Code, Article 4-A currently applies only 
to transfers of funds between commercial parties; and 
Whereas, the federal Electronic Fund Transfer Act currently applies only to 
consumer wire transfers; and  
Whereas, amendments to the federal Electronic Fund Transfer Act that govern 
remittance transfers and remittance transfers that are also electronic fund transfers as 
defined in the federal Electronic Fund Transfer Act become effective in February 2013; 
and 
Whereas, as a result of the amendments to the federal Electronic Fund Transfer Act, 
a fund transfer initiated by a remittance transfer is entirely outside the coverage of the 
Uniform Commercial Code, Article 4-A and the federal Electronic Fund Transfer Act; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  11 MRSA §4-1102, as enacted by PL 1991, c. 812, §2, is amended to read: 
§4-1102.  Subject matter 
Except as otherwise provided in section 4-1108 4-1109, this Article applies to funds 
transfers defined in section 4-1104. 
Sec. 2.  11 MRSA §4-1108, as enacted by PL 1991, c. 812, §2, is repealed. 
Sec. 3.  11 MRSA §4-1109 is enacted to read: 
§4-1109.  Relationship to federal Electronic Fund Transfer Act 
(1).  Except as provided in subsection (2), this Article does not apply to a funds 
transfer any part of which is governed by the Electronic Fund Transfer Act of 1978, Title 
XX, Public Law 95-630, 92 Stat. 3728, 15 United States Code, Section 1693 et seq., as 
amended. 
(2).  This Article applies to a funds transfer that is a remittance transfer as defined in 
the Electronic Fund Transfer Act of 1978, Title XX, Public Law 95-630, 92 Stat. 3728, 
United States Code, Section 1693 et seq., as amended, unless the remittance transfer is 
an electronic fund transfer as defined in the Electronic Fund Transfer Act of 1978, Title 
XX, Public Law 95-630, 92 Stat. 3728, 15 United States Code, Section 1693 et seq., as 
amended. 
(3).  In a funds transfer to which this Article applies, in the event of an inconsistency 
between an applicable provision of this Article and an applicable provision of the 
Electronic Fund Transfer Act of 1978, Title XX, Public Law 95-630, 92 Stat. 3728, 15 
United States Code, Section 1693 et seq., as amended, the provision of the Electronic 
Fund Transfer Act governs to the extent of the inconsistency. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
In anticipation of the effective date of the amendments to federal law governing 
electronic fund transfers, this bill replaces the existing exemption in the State's Uniform 
Commercial Code governing fund transfers by making the Uniform Commercial Code 
applicable to the remittance transfers that are not electronic funds transfers under the 
federal Electronic Fund Transfer Act.  The bill also specifically acknowledges that the 
federal statute will control in the case of any conflict between the Uniform Commercial 
Code and the federal Electronic Fund Transfer Act.