Bill Text: NY S03230 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring a notice promulgated by the attorney general to be posted on all automated teller machines regarding skimming.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-04 - REFERRED TO BANKS [S03230 Detail]

Download: New_York-2019-S03230-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3230
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Banks
        AN ACT to amend the banking law, in relation to requiring a notice to be
          posted on all automated teller machines regarding skimming
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Sections 75-n and 75-o of the banking law, are renumbered
     2  75-o and 75-p and a new section 75-n is added to read as follows:
     3    § 75-n. Skimming  awareness  notice.  1.  For  the  purposes  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "automated  teller  machine  operator"  shall mean any person who
     6  operates an automated teller machine at which consumers may make  finan-
     7  cial transactions, including, but not limited to, deposits, withdrawals,
     8  balance inquiries, and loan payments;
     9    (b)  "skimming"  shall  be  defined as obtaining a consumer's personal
    10  identifying information as defined in subdivision one of section  190.77
    11  of  the  penal  law  through  the  use of a skimmer device as defined in
    12  subdivision two of section 190.85 of the penal law.
    13    2. Notwithstanding section seventy-five-i of this article every  auto-
    14  mated teller machine operator and banking institution shall place a sign
    15  containing  a notice regarding skimming on each automated teller machine
    16  operated by such automated teller machine operator or  banking  institu-
    17  tion.  The attorney general shall promulgate the language for such sign,
    18  which shall include steps customers can take to protect themselves  from
    19  skimming  and  a  phone  number for the attorney general's consumer help
    20  line or other appropriate contact number as determined by  the  attorney
    21  general to report incidences of suspected skimming.
    22    3.  (a)  Any  automated teller machine operator or banking institution
    23  who fails to comply with the  requirements  of  this  section  shall  be
    24  assessed  a  civil  penalty  not to exceed two hundred fifty dollars per
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05588-01-9

        S. 3230                             2
     1  automated teller machine which lacks the  notice  required  pursuant  to
     2  subdivision two of this section.
     3    (b) If the notice required pursuant to subdivision two of this section
     4  has  been  provided  by  an automated teller machine operator or banking
     5  institution and such notice is subsequently removed, damaged, or altered
     6  by any person other than such automated teller machine operator or bank-
     7  ing institution, such operator or institution shall  have  no  liability
     8  for  a failure to comply with subdivision two of this section as long as
     9  such notice is replaced within ten business  days  from  such  automated
    10  teller  machine  operator  or  banking institution becoming aware of the
    11  defect.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal  of  any  rule  or regulation necessary for the implementation of
    15  this act on its effective date are authorized to be made  and  completed
    16  on or before such effective date.
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