Assembly Bill A8705A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8705--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 5, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Banks  -- recommitted to the Committee on Banks in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section  1.  Sections 75-n and 75-o of the banking law, are renumbered
 75-o and 75-p and a new section 75-n is added to read as follows:
   § 75-N. SKIMMING  AWARENESS  NOTICE.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AUTOMATED  TELLER  MACHINE  OPERATOR"  SHALL MEAN ANY PERSON WHO
 OPERATES AN AUTOMATED TELLER MACHINE AT WHICH CONSUMERS MAY MAKE  FINAN-
 CIAL TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, DEPOSITS, WITHDRAWALS,
 BALANCE INQUIRIES, AND LOAN PAYMENTS;
   (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 SECTION SEVENTY-FIVE-I OF THIS ARTICLE EVERY  AUTO-
 MATED TELLER MACHINE OPERATOR AND BANKING INSTITUTION SHALL PLACE A SIGN
 CONTAINING  A NOTICE REGARDING SKIMMING ON EACH AUTOMATED TELLER MACHINE
 OPERATED BY SUCH AUTOMATED TELLER MACHINE OPERATOR OR  BANKING  INSTITU-
 TION.  THE ATTORNEY GENERAL SHALL PROMULGATE THE LANGUAGE FOR SUCH SIGN,
 WHICH SHALL INCLUDE STEPS CUSTOMERS CAN TAKE TO PROTECT THEMSELVES  FROM
 SKIMMING  AND  A  PHONE  NUMBER FOR THE ATTORNEY GENERAL'S CONSUMER HELP
 LINE OR OTHER APPROPRIATE CONTACT NUMBER AS DETERMINED BY  THE  ATTORNEY
 GENERAL TO REPORT INCIDENCES OF SUSPECTED SKIMMING.
   3.  (A)  ANY  AUTOMATED TELLER MACHINE OPERATOR OR BANKING INSTITUTION
 WHO FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13364-02-8

 A. 8705--A                          2
 
 ASSESSED  A  CIVIL  PENALTY  NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS PER
 AUTOMATED TELLER MACHINE 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  BY  AN AUTOMATED TELLER MACHINE OPERATOR OR BANKING
 INSTITUTION AND SUCH NOTICE IS SUBSEQUENTLY REMOVED, DAMAGED, OR ALTERED
 BY ANY PERSON OTHER THAN SUCH AUTOMATED TELLER MACHINE OPERATOR OR BANK-
 ING INSTITUTION, SUCH OPERATOR OR INSTITUTION 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  AUTOMATED
 TELLER  MACHINE  OPERATOR  OR  BANKING INSTITUTION BECOMING AWARE OF THE
 DEFECT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.