Assembly Bill A8705A

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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Bill Amendments

2017-A8705 - Details

See Senate Version of this Bill:
S6845
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-A8705 - Summary

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

2017-A8705 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8705
 
                        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
 
 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
              

co-Sponsors

2017-A8705A (ACTIVE) - Details

See Senate Version of this Bill:
S6845
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-A8705A (ACTIVE) - Summary

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

2017-A8705A (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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