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Assembly Bill A3090

2009-2010 Legislative Session

Authorizes the regulation of non-bank ATMs in order to protect consumers from fraud by vendors, carriers or suppliers, and businesses who provide and maintain such ATMs

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Archive: Last Bill Status - In Assembly Committee

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2009-A3090 (ACTIVE) - Details

Current Committee:
Assembly Banks
Law Section:
Banking Law
Laws Affected:
Add ยง14-g, Bank L

2009-A3090 (ACTIVE) - Summary

Authorizes the regulation of non-bank ATMs in order to protect consumers from fraud by vendors, carriers or suppliers, and businesses who provide, supply and maintain such ATMs.

2009-A3090 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3090

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M. of A. BENJAMIN, ALFANO, KOLB -- Multi-Sponsored by --
  M. of A. BARRA, CLARK, HOOPER, MILLER -- read once and referred to the
  Committee on Banks

AN ACT to amend the banking law, in  relation  to  regulating  automated
  teller machines which are not under the dominion and control of a bank

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The banking law is amended by adding a new section 14-g  to
read as follows:
  S  14-G.  POWER  OF  THE  BANKING  BOARD  TO REGULATE AUTOMATED TELLER
MACHINE FACILITIES WHICH ARE NOT UNDER THE DOMINION  AND  CONTROL  OF  A
BANK.  1.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY,
THE BANKING BOARD IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT SUCH RULES
AND REGULATIONS THAT ARE, IN ITS  DISCRETION,  APPROPRIATE  TO  REGULATE
AUTOMATED  TELLER  MACHINE FACILITIES LOCATED IN ANY BUILDING, STRUCTURE
OR SPACE WHOSE PRIMARY PURPOSE  OR  FUNCTION  IS  UNRELATED  TO  BANKING
ACTIVITIES,  INCLUDING BUT NOT LIMITED TO SUPERMARKETS, AIRPORTS, SCHOOL
BUILDINGS, AND  PUBLIC  BUILDINGS.  SUCH  RULES  AND  REGULATIONS  SHALL
INCLUDE MEASURES TO PROTECT CONSUMERS FROM FRAUD BY VENDORS, ARMORED CAR
CARRIERS  OR  SUPPLIERS  OF AUTOMATED TELLER MACHINE FACILITIES, AND THE
BUSINESSES THAT LEASE SUCH MACHINE FACILITIES FROM SUCH VENDORS,  CARRI-
ERS OR SUPPLIERS, AND BUSINESSES.
  2.  THE  BANKING BOARD SHALL REQUIRE VIDEO CAMERA SURVEILLANCE OF SUCH
AUTOMATED TELLER MACHINE FACILITIES AND PRESERVATION  OF  SUCH  RECORDED
IMAGES  FOR THE SAME PERIOD OF TIME AS IS REQUIRED IN SUBDIVISION ONE OF
SECTION SEVENTY-FIVE-C OF THIS CHAPTER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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