S T A T E O F N E W Y O R K
________________________________________________________________________
5488
2011-2012 Regular Sessions
I N S E N A T E
May 25, 2011
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Introduced by Sen. MARCELLINO -- (at request of the Banking Department)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Banks
AN ACT to amend the banking law, in relation to ATM safety
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 75-g of the banking law, as added
by chapter 9 of the laws of 1996 and as designated by section 4-a of
part A of chapter 57 of the laws of 1998, is amended and a new subdivi-
sion 1-a is added to read as follows:
1. [Within one year after the effective date of this article, and each
year thereafter] BY THE FIFTEENTH DAY OF JANUARY, APRIL, JULY AND OCTO-
BER EACH YEAR (OR THE FOLLOWING BUSINESS DAY IF SUCH DAY IS NOT A BUSI-
NESS DAY), every banking institution which [has] HAD an automated teller
machine facility which [is] WAS in operation on [such date and such date
every year thereafter] THE FIFTEENTH DAY OF THE PRECEDING MONTH shall
submit a written COMPLIANCE report to the department on a form
prescribed by the superintendent, certifying that such automated teller
machine facility is in compliance with the provisions of this article or
any variance or exemption that has been granted, or if such facility is
not in compliance with such provisions, [such report shall state] STAT-
ING the manner in which such facility fails to meet such requirements[,
the reasons for such non-compliance and a plan to remedy any such non-
compliance]. NOTWITHSTANDING ARTICLE THREE OF THE STATE TECHNOLOGY LAW
OR ANY OTHER LAW TO THE CONTRARY, SUCH REPORTS AND ANY OTHER REPORTS
REQUIRED BY THIS SECTION SHALL BE MADE BY ELECTRONIC MEANS, UNLESS THE
SUPERINTENDENT, IN HIS OR HER SOLE DISCRETION, GRANTS A WAIVER OF SUCH
ELECTRONIC FILING REQUIREMENT, UPON GOOD CAUSE SHOWN.
1-A. IF ANY QUARTERLY COMPLIANCE REPORT REQUIRED BY SUBDIVISION ONE OF
THIS SECTION INDICATES ANY FAILURE TO MEET THE REQUIREMENTS OF THIS
ARTICLE, SUCH BANKING INSTITUTION SHALL SUBMIT A WRITTEN REPORT TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09433-02-1
S. 5488 2
DEPARTMENT, ON A FORM PRESCRIBED BY THE SUPERINTENDENT, NO LATER THAN
THE ELEVENTH BUSINESS DAY FOLLOWING SUCH QUARTERLY COMPLIANCE REPORT,
INDICATING WHETHER EACH SUCH FAILURE HAS BEEN CORRECTED AND, FOR ANY
FAILURE THAT HAS NOT BEEN CORRECTED, THE REASON FOR SUCH FAILURE AND THE
EXPECTED CORRECTION DATE. IF ANY SUCH FAILURE SHALL NOT HAVE BEEN
CORRECTED WITHIN TEN BUSINESS DAYS OF THE FILING DATE OF THE APPLICABLE
QUARTERLY COMPLIANCE REPORT, SUCH BANKING INSTITUTION SHALL, PROMPTLY
AFTER CORRECTING SUCH FAILURE, SUBMIT A WRITTEN REPORT TO THE DEPARTMENT
WITH THE DATE OR DATES OF EACH SUCH CORRECTION.
S 2. Subdivision 1 of section 75-j of the banking law, as amended by
section 11 of part O of chapter 59 of the laws of 2006, is amended to
read as follows:
1. Any banking institution THAT REPORTS A VIOLATION OF ANY PROVISION
OF SECTION SEVENTY-FIVE-C OF THIS ARTICLE IN A QUARTERLY COMPLIANCE
REPORT UNDER SECTION SEVENTY-FIVE-G OF THIS ARTICLE OR IS OTHERWISE
found BY THE DEPARTMENT to be in violation of any provision of section
seventy-five-c of this article shall correct the violation within ten
business days after such REPORT OR finding. Where a banking institution
fails to correct [said violation within such period of time] ANY
VIOLATION OF A PROVISION OF SECTION SEVENTY-FIVE-C OF THIS ARTICLE WITH-
IN TEN BUSINESS DAYS AFTER THE FILING OF SUCH REPORT OR A FINDING OF
VIOLATION BY THE DEPARTMENT, the superintendent may, in a proceeding
after notice and a hearing, require [any] SUCH banking institution to
pay a civil penalty in an amount as determined pursuant to section
forty-four of this chapter, provided, however, that the aggregate penal-
ty for all offenses with respect to any one automated teller machine
facility in any one proceeding shall not exceed an amount as determined
pursuant to section forty-four of this chapter. For the purposes of this
article, each violation of section seventy-five-c of this article shall
be considered a separate and distinct violation.
S 3. This act shall take effect on the first of March next succeeding
the date on which it shall have become a law or such later date as the
superintendent of banks may determine is necessary for the banking
department to develop a system for the automated reporting of compliance
with the requirements of article 2-AA of the banking law; provided that
the superintendent of banks shall notify the legislative bill drafting
commission upon the development of such system of automated reporting in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.