Bill Text: NY S06845 | 2017-2018 | General Assembly | Amended

---

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 - Dead) 2018-06-20 - COMMITTED TO RULES [S06845 Detail]

Download: New_York-2017-S06845-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6845--A
            Cal. No. 650
                               2017-2018 Regular Sessions
                    IN SENATE
                                     August 7, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Banks  in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13364-03-8
        S. 6845--A                          2
     1    3.  (a)  Any  automated teller machine operator or banking institution
     2  who fails to comply with the  requirements  of  this  section  shall  be
     3  assessed  a  civil  penalty  not to exceed two hundred fifty dollars per
     4  automated teller machine which lacks the  notice  required  pursuant  to
     5  subdivision two of this section.
     6    (b) If the notice required pursuant to subdivision two of this section
     7  has  been  provided  by  an automated teller machine operator or banking
     8  institution and such notice is subsequently removed, damaged, or altered
     9  by any person other than such automated teller machine operator or bank-
    10  ing institution, such operator or institution shall  have  no  liability
    11  for  a failure to comply with subdivision two of this section as long as
    12  such notice is replaced within ten business  days  from  such  automated
    13  teller  machine  operator  or  banking institution becoming aware of the
    14  defect.
    15    § 2. This act shall take effect on the ninetieth day  after  it  shall
    16  have  become  a  law; provided, however, that effective immediately, the
    17  addition, amendment and/or repeal of any rule  or  regulation  necessary
    18  for  the implementation of this act on its effective date are authorized
    19  and directed to be made and completed on or before such effective date.