S T A T E O F N E W Y O R K
________________________________________________________________________
8439
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
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Introduced by M. of A. TOWNS, BENJAMIN, SPANO, AUBRY, KOON, FIELDS,
BRODSKY, PRETLOW -- Multi-Sponsored by -- M. of A. BOYLAND, COOK,
GABRYSZAK, JEFFRIES, NOLAN, RUSSELL, WEISENBERG -- read once and
referred to the Committee on Banks
AN ACT to amend the banking law, in relation to establishing a rating
system for automated teller machine usage fees
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 9-v to
read as follows:
S 9-V. AUTOMATED TELLER MACHINE USAGE FEE RATING SYSTEM. 1. FOR
PURPOSES OF THIS SECTION, THE TERM:
A. "AUTOMATED TELLER MACHINE" OR "ATM" SHALL HAVE THE SAME MEANING AS
SET FORTH IN SUBDIVISION TWO OF SECTION SEVENTY-FIVE-B OF THIS CHAPTER;
AND
B. "USAGE FEE" SHALL MEAN THE FEE CHARGED BY THE OWNER OR OPERATOR OF
AN ATM TO THE PERSON WHO CONDUCTS A TRANSACTION AT SUCH ATM.
2. ON AND AFTER OCTOBER FIRST, TWO THOUSAND NINE, EVERY AUTOMATED
TELLER MACHINE IN THIS STATE SHALL HAVE POSTED ON SUCH ATM, A RATING
LETTER TO DESIGNATE THE USAGE FEE CHARGED FOR USING SUCH ATM. SUCH
RATING LETTERS SHALL REPRESENT THE FOLLOWING FEES:
A. "A" DESIGNATES A USAGE FEE OF $1.00 OR LESS;
B. "B" DESIGNATES A USAGE FEE OF $1.01 TO $2.00;
C. "C" DESIGNATES A USAGE FEE OF $2.01 TO $3.00;
D. "D" DESIGNATES A USAGE FEE OF $3.01 OR MORE.
3. THE RATING LETTER REQUIRED BY THIS SECTION SHALL BE POSTED ON EACH
ATM AND SHALL BE PLACED AS NEARLY AS IS PRACTICABLE TO THE KEYPAD OR
CARD INSERTION SLOT ON SUCH ATM. SUCH RATING LETTER SHALL BE PLACED ON A
SQUARE SIGN OF AT LEAST THREE INCHES BY THREE INCHES IN SIZE. THE BACK-
GROUND OF SUCH SIGN SHALL BE YELLOW AND THE LETTER DESIGNATING THE ATM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11623-01-9
A. 8439 2
USAGE FEE SHALL BE IN RED. SUCH SIGN SHALL ALSO CONTAIN A BRIEF
DESCRIPTION OF THE RATING SYSTEM.
4. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE
DEEMED TO BE A DECEPTIVE ACT OR PRACTICE AND SUBJECT TO SECTION THREE
HUNDRED FORTY-NINE OF THE GENERAL BUSINESS LAW.
S 2. This act shall take effect immediately.