senate Bill S3230

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Banks Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2019 referred to banks

S3230 (ACTIVE) - Details

Current Committee:
Senate Banks
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 2017-2018 Legislative Session:
S6845

S3230 (ACTIVE) - Summary

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

S3230 (ACTIVE) - Sponsor Memo

S3230 (ACTIVE) - Bill Text download pdf


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

                                  3230

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 4, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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 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
ASSESSED  A  CIVIL  PENALTY  NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS PER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-01-9

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