Bill Text: NY S06088 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring a notice to be posted regarding skimming; requires every person, firm, partnership, association or corporation who is engaged in a sales transaction and accepts electronic benefit transfer cards to place a sign at the point of sale containing a notice regarding skimming; defines terms; establishes the issuing of a warning and for additional violations a civil penalty.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-05-22 - SUBSTITUTED BY A4023A [S06088 Detail]

Download: New_York-2023-S06088-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6088

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 28, 2023
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in  relation  to  requiring  a
          notice to be posted regarding skimming

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  390-e to read as follows:
     3    § 390-e. Skimming awareness  notice.  1.  For  the  purposes  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "electronic  benefit  transfer card" means any medical assistance
     6  card, food stamp assistance card, public assistance card, or  any  other
     7  identification, authorization card or electronic access device issued by
     8  the  state or a social services district as defined in subdivision seven
     9  of section two of the social services law which  entitles  a  person  to
    10  obtain  public  assistance  benefits  under  a  local,  state or federal
    11  program administered by the state, its political subdivisions or  social
    12  services districts; and
    13    (b)  "skimming"  shall  be  defined as obtaining a consumer's personal
    14  identifying information as defined in subdivision one of section  190.77
    15  of  the  penal  law  through  the  use of a skimmer device as defined in
    16  subdivision two of section 190.85 of the penal law.
    17    2. Notwithstanding any other law to the contrary, every person,  firm,
    18  partnership, association or corporation who is engaged in a sales trans-
    19  action  and accepts electronic benefit transfer cards shall place a sign
    20  at the point of sale containing a notice regarding skimming.  Such  sign
    21  shall  include steps customers can take to protect themselves from skim-
    22  ming and an appropriate contact number as determined by the secretary of
    23  state to report incidences of suspected  skimming.    The  secretary  of
    24  state shall make available on the department of state's website, a model

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05962-03-3
        S. 6088                             2

     1  sign  that  such establishments may use to comply with the provisions of
     2  this section.
     3    3.  (a)  Any person, firm, partnership, association or corporation who
     4  fails to comply with the requirements of this section shall be issued  a
     5  warning  and  provided with information on compliance with this section.
     6  For each additional violation for failure  to  comply,  such  person  or
     7  entity shall be assessed a civil penalty not to exceed two hundred fifty
     8  dollars  per  point  of sale which lacks the notice required pursuant to
     9  subdivision two of this section.
    10    (b) If the notice required pursuant to subdivision two of this section
    11  has been provided and such notice is subsequently removed,  damaged,  or
    12  altered  by  any  person  other  than the person or entities required to
    13  provide such notice, such person or entities shall have no liability for
    14  a failure to comply with subdivision two of this section as long as such
    15  notice is replaced within ten business days from such person or entities
    16  becoming aware of the defect.
    17    § 2. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.