Senate Bill S6845A

2017-2018 Legislative Session

Relates to requiring a notice to be posted on all automated teller machines regarding skimming

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 22, 2018	amended on third reading 6845a
Mar 19, 2018	advanced to third reading
Mar 15, 2018	2nd report cal.
Mar 14, 2018	1st report cal.650
Jan 03, 2018	referred to banks
Aug 07, 2017	referred to rules

Votes

- Mar 14, 2018 - Banks Committee Vote
  S6845A
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  9
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Banks Committee Vote: Mar 14, 2018
      
      aye (10)
      
      Breslin
      
      Hamilton
      
      Helming
      
      Jacobs
      
      Kennedy
      
      Marcellino
      
      Marchione
      
      Parker
      
      Peralta
      
      Savino
      
      aye wr (9)
      
      Akshar
      
      Amedore
      
      Benjamin
      
      Bonacic
      
      Kavanagh
      
      Murphy
      
      O'Mara
      
      Sanders Jr.
      
      Tedisco

Bill Amendments

Original

A (Active)

2017-S6845 - Details

See Assembly Version of this Bill:: A8705
Current Committee:: Senate Rules
Law Section:: Banking Law
Laws Affected:: Ren §§75-n & 75-o to be §§75-o & 75-p, add §75-n, Bank L
Versions Introduced in 2019-2020 Legislative Session:: S3230

2017-S6845 - Summary

Relates to requiring a notice promulgated by the attorney general to be posted on all automated teller machines regarding skimming.

2017-S6845 - Sponsor Memo

                                 BILL NUMBER:  S6845

 TITLE OF BILL :  An act to amend the banking law, in relation to
requiring a notice to be posted on all automated teller machines
regarding skimming

 PURPOSE :

To provide consumers with the requisite information to file a claim
with the Attorney General in the event that they believe they have
been a victim of skimming.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends the banking law to mandate the posting of a skimming
awareness notice on all automated teller machines at which consumers
may make financial transactions.

Section 2: Sets forth the effective date.

 JUSTIFICATION :

On a daily basis throughout our state, consumers use automated teller
machines (ATM) to withdraw money, check balances, and made deposits.
Most of the time these financial transactions are accomplished without
incident. However, in some instances they are used by criminals to

steal personal information.

Through the use of skimming devices, which are attached directly to
the ATM, criminals are able to obtain a consumer's personal
information clandestinely. With this information criminals are able to
duplicate their victim's bank card, access their account, and empty it
of its assets.

In order to protect consumers, we need to ensure that they are made
aware of this burgeoning threat, the ways in which they can protect
themselves from it, and how to make a report to the Attorney General
if they believe they have been victimized. This legislation will help
to accomplish these aims, and help keep the consumer's hard-earned
money from falling into the hands of criminals.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become 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.

2017-S6845 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6845
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              August 7, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 AT A MINIMUM INCLUDE:
   (A) A GENERAL DESCRIPTION OF SKIMMING AND STEPS CUSTOMERS CAN TAKE  TO
 PROTECT THEMSELVES; AND
   (B)  A  STATEMENT  DIRECTING  CUSTOMERS  WHO  BELIEVE THEY HAVE BEEN A
 VICTIM OF SKIMMING TO CONTACT THE ATTORNEY GENERAL; AND
   (C) THE PHONE NUMBER FOR THE ATTORNEY GENERAL'S CONSUMER HELP LINE  OR
 OTHER APPROPRIATE CONTRACT NUMBER AS DETERMINED BY THE ATTORNEY GENERAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13364-01-7

 S. 6845                             2
 
   3.  (A)  ANY  AUTOMATED TELLER MACHINE OPERATOR OR BANKING INSTITUTION
 WHO FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  BE
 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.

2017-S6845A (ACTIVE) - Details

See Assembly Version of this Bill:: A8705
Current Committee:: Senate Rules
Law Section:: Banking Law
Laws Affected:: Ren §§75-n & 75-o to be §§75-o & 75-p, add §75-n, Bank L
Versions Introduced in 2019-2020 Legislative Session:: S3230

2017-S6845A (ACTIVE) - Summary

Relates to requiring a notice promulgated by the attorney general to be posted on all automated teller machines regarding skimming.

2017-S6845A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6845A

SPONSOR: PERALTA
 
TITLE OF BILL:  An act to amend the banking law, in relation to
requiring a notice to be posted on all automated teller machines regard-
ing skimming

 
PURPOSE:

To provide consumers with the requisite information to file a claim with
the Attorney General in the event that they believe they have been a
victim of skimming.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the banking law to mandate the posting of a skimming
awareness notice on all automated teller machines at which consumers may
make financial transactions.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

On a daily basis throughout our state, consumers use automated teller
machines (ATM) to withdraw money, check balances, and made deposits.
Most of the time these financial transactions are accomplished without
incident. However, in some instances they are used by criminals to steal
personal information.

Through the use of skimming devices, which are attached directly to the
ATM, criminals are able to obtain a consumer's personal information
clandestinely. With this information criminals are able to duplicate
their victim's bank card, access their account, and empty it of its
assets.

In order to protect consumers, we need to ensure that they are made
aware of this burgeoning threat, the ways in which they can protect
themselves from it, and how to make a report to the Attorney General if
they believe they have been victimized. This legislation will help to
accomplish these aims, and help keep the consumer's hard-earned money
from falling into the hands of criminals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become 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.

2017-S6845A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6845--A
     Cal. No. 650
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              August 7, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Banks  in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13364-03-8

 S. 6845--A                          2
 
   3.  (A)  ANY  AUTOMATED TELLER MACHINE OPERATOR OR BANKING INSTITUTION
 WHO FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  BE
 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.

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Senate Bill S6845A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Mar 14, 2018 - Banks Committee Vote

Banks Committee Vote: Mar 14, 2018

Bill Amendments

2017-S6845 - Details

2017-S6845 - Summary

2017-S6845 - Sponsor Memo

2017-S6845 - Bill Text download pdf

2017-S6845A (ACTIVE) - Details

2017-S6845A (ACTIVE) - Summary

2017-S6845A (ACTIVE) - Sponsor Memo

2017-S6845A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2017-S6845 - Details

2017-S6845 - Summary

2017-S6845 - Sponsor Memo

2017-S6845 - Bill Text download pdf

2017-S6845A (ACTIVE) - Details

2017-S6845A (ACTIVE) - Summary

2017-S6845A (ACTIVE) - Sponsor Memo

2017-S6845A (ACTIVE) - Bill Text download pdf

Comments