senate Bill S9026

Signed By Governor
2017-2018 Legislative Session

Directs the department of financial services to study consumer protection issues regarding ATMs that accept EVM-enabled chip cards

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10157 - Signed by Governor

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

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view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 07, 2018 signed chap.367
Nov 26, 2018 delivered to governor
Jun 18, 2018 returned to assembly
passed senate
3rd reading cal.1906
substituted for s9026
Jun 18, 2018 substituted by a10157a
ordered to third reading cal.1906
Jun 14, 2018 referred to rules

S9026 (ACTIVE) - Details

See Assembly Version of this Bill:
Law Section:

S9026 (ACTIVE) - Summary

Directs the department of financial services to study the issue of ATMs that accept EVM-enabled chip cards to determine which measures may be necessary and proper to ensure that the cards and corresponding personal data and information of consumers is protected from falling into the hands of others.

S9026 (ACTIVE) - Sponsor Memo

S9026 (ACTIVE) - Bill Text download pdf

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


                            I N  S E N A T E

                              June 14, 2018

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to direct the department of financial services to study  consumer
  protection issues regarding ATMs that accept EVM-enabled chip cards


  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that the introduction of EVM-enabled chip cards to the general
public has presented a unique public  safety,  consumer  protection  and
personal identity protection issue with respect to ATMs that accept such
cards.  Due to the unique nature, construction and process sequencing of
ATMs  the  consumer's  card is regularly held fully in the machine until
such time as the money is disbursed and a receipt is printed.  In  prac-
tice,  many  consumers  have reported that they regularly walk away once
they have received the money and receipt and forget to wait for the card
to be released from the ATM. In the event that people forget to retrieve
their card, a host of negative outcomes may be visited  upon  consumers,
including,  without limitation: the card may be taken by another for the
purposes of theft, larceny, fraud, identity assumption and other  unlaw-
ful  purposes.  The  legislature further finds that this is an important
public policy issue that bears study, research and scrutiny,  as  simple
and  viable  alternatives  may  exist  that can more proactively protect
consumers, including  requiring  all  newly  installed  ATMs  which  are
EVM-chip  enabled to release the card before disbursing cash or printing
a receipt.
  § 2. For purposes of this act:
  (a) "EVM chip" means a data storage chip that implements the  Europay,
Mastercard and Visa technical standard;
  (b)  "Chip  card" means an automated teller machine card, credit card,
or other form of secure-payment card with an  EVM  chip  inset  for  the
purposes of customer data storage;
  (c) "Dipping" means the insertion of a chip card into a card reader to
enable customer data to be read off the EVM chip; and
  (d) "Department" means the department of financial services.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


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