S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4023--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  GONZALEZ-ROJAS,  ANDERSON, MITAYNES,
   SEAWRIGHT, SHIMSKY, GUNTHER, SIMON, AUBRY, MIKULIN, CHANG, BROOK-KRAS-
   NY, McDONOUGH, GRAY -- read once and  referred  to  the  Committee  on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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:
 
   Section 1. The general business law is amended by adding a new section
 390-e to read as follows:
   §  390-E.  SKIMMING  AWARENESS  NOTICE.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC BENEFIT TRANSFER CARD" MEANS  ANY  MEDICAL  ASSISTANCE
 CARD,  FOOD  STAMP ASSISTANCE CARD, PUBLIC ASSISTANCE CARD, OR ANY OTHER
 IDENTIFICATION, AUTHORIZATION CARD OR ELECTRONIC ACCESS DEVICE ISSUED BY
 THE STATE OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SUBDIVISION  SEVEN
 OF  SECTION  TWO  OF  THE SOCIAL SERVICES LAW WHICH ENTITLES A PERSON TO
 OBTAIN PUBLIC ASSISTANCE  BENEFITS  UNDER  A  LOCAL,  STATE  OR  FEDERAL
 PROGRAM  ADMINISTERED BY THE STATE, ITS POLITICAL SUBDIVISIONS OR SOCIAL
 SERVICES DISTRICTS; AND
   (B) "SKIMMING" SHALL BE DEFINED AS  OBTAINING  A  CONSUMER'S  PERSONAL
 IDENTIFYING  INFORMATION AS DEFINED IN SUBDIVISION ONE OF SECTION 190.77
 OF THE PENAL LAW THROUGH THE USE OF  A  SKIMMER  DEVICE  AS  DEFINED  IN
 SUBDIVISION TWO OF SECTION 190.85 OF THE PENAL LAW.
   2.  NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, EVERY PERSON, FIRM,
 PARTNERSHIP, ASSOCIATION OR CORPORATION WHO IS ENGAGED IN A SALES TRANS-
 ACTION AND ACCEPTS ELECTRONIC BENEFIT TRANSFER CARDS SHALL PLACE A  SIGN
 AT  THE POINT OF SALE CONTAINING A NOTICE REGARDING SKIMMING.  SUCH SIGN
 SHALL INCLUDE STEPS CUSTOMERS CAN TAKE TO PROTECT THEMSELVES FROM  SKIM-
 MING AND AN APPROPRIATE CONTACT NUMBER AS DETERMINED BY THE SECRETARY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05962-02-3
              

 A. 4023--A                          2
 
 STATE  TO  REPORT  INCIDENCES  OF SUSPECTED SKIMMING.   THE SECRETARY OF
 STATE SHALL MAKE AVAILABLE ON THE DEPARTMENT OF STATE'S WEBSITE, A MODEL
 SIGN THAT SUCH ESTABLISHMENTS MAY USE TO COMPLY WITH THE  PROVISIONS  OF
 THIS SECTION.
   3.  (A)  ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION WHO
 FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL BE ISSUED  A
 WARNING  AND  PROVIDED WITH INFORMATION ON COMPLIANCE WITH THIS SECTION.
 FOR EACH ADDITIONAL VIOLATION FOR FAILURE  TO  COMPLY,  SUCH  PERSON  OR
 ENTITY SHALL BE ASSESSED A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
 DOLLARS  PER  POINT  OF SALE WHICH LACKS THE NOTICE REQUIRED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   (B) IF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 HAS BEEN PROVIDED AND SUCH NOTICE IS SUBSEQUENTLY REMOVED,  DAMAGED,  OR
 ALTERED  BY  ANY  PERSON  OTHER  THAN THE PERSON OR ENTITIES REQUIRED TO
 PROVIDE SUCH NOTICE, SUCH PERSON OR ENTITIES SHALL HAVE NO LIABILITY FOR
 A FAILURE TO COMPLY WITH SUBDIVISION TWO OF THIS SECTION AS LONG AS SUCH
 NOTICE IS REPLACED WITHIN TEN BUSINESS DAYS FROM SUCH PERSON OR ENTITIES
 BECOMING AWARE OF THE DEFECT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.