Bill Text: NY S04363 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to automated teller machine fee disclosure; eliminates provisions requiring an automated teller machine operator to post a sign that a fee is imposed for the use of such machine, as well as the amount of such fee.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2013-05-29 - SUBSTITUTED BY A6234 [S04363 Detail]

Download: New_York-2013-S04363-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4363
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 22, 2013
                                      ___________
       Introduced  by  Sens.  GRIFFO, FARLEY -- 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 automated
         teller machine fee disclosure
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  399-y  of  the general business law, as added by
    2  chapter 495 of the laws of 1999, is amended to read as follows:
    3    S 399-y. Automated teller machine fee disclosure. 1. For the  purposes
    4  of  this  section,  "automated  teller  machine operator" shall mean any
    5  person who: (a) operates an automated teller machine at which  consumers
    6  may  make financial transactions, including but not limited to deposits,
    7  withdrawals, balance inquiries, and loan payments; and (b)  is  not  the
    8  financial  institution  which holds the account accessed by the consumer
    9  to make the financial transaction.
   10    2. No automated teller machine  operator  shall  impose  a  fee  on  a
   11  consumer  using  such machine, unless such operator: (a) provides notice
   12  as required by subdivision three of this section; and (b)  the  consumer
   13  elects  to  continue  to  effect a financial transaction after receiving
   14  such notice.
   15    3. [(a) The automated teller machine operator shall  post  a  sign  or
   16  warning  in  a prominent and conspicuous location on or at the automated
   17  teller machine at which the financial transaction is  initiated  by  the
   18  consumer.  Such  sign shall clearly state: (i) that a fee is imposed for
   19  the use of such machine; and (ii) the amount of such fee.
   20    (b)] The automated teller machine operator shall [also] provide notice
   21  on the screen of the automated teller machine or on a paper issued  from
   22  such  machine  after  the financial transaction is initiated, but before
   23  the consumer is irrevocably committed  to  completing  the  transaction.
   24  Such  notice  shall clearly state: (i) that a fee is imposed for the use
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05805-03-3
       S. 4363                             2
    1  of such machine; (ii) the amount of such fee; and (iii) that the consum-
    2  er may cancel such transaction without being assessed a fee.
    3    4.  (a) Any automated teller machine operator who fails to comply with
    4  the requirements of this section shall be assessed a civil  penalty  not
    5  to exceed two hundred fifty dollars per transaction.
    6    (b)  If  the  notice  required  pursuant  to subdivision three of this
    7  section has been [posted] PROVIDED by an automated teller machine opera-
    8  tor and such notice is subsequently removed, damaged, or altered by  any
    9  person  other  than  such operator, the operator shall have no liability
   10  for a failure to comply with subdivision three of this section.
   11    S 2. This act shall take effect immediately.