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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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 ordered to third reading rules cal.168
rules report cal.168
reported
Jun 11, 2018 reported referred to rules
Jun 05, 2018 reported referred to codes
May 17, 2018 print number 8705a
May 17, 2018 amend and recommit to banks
Jan 03, 2018 referred to banks
Oct 05, 2017 referred to banks

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

A8705 - Summary

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

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

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

A8705A (ACTIVE) - Summary

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

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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