Senate Bill S3230

2019-2020 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 - In Senate Committee Banks 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to banks
Feb 04, 2019	referred to banks

2019-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

2019-S3230 (ACTIVE) - Summary

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

2019-S3230 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3230

SPONSOR: SAVINO
 
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:

2017 Session - new bill S6845 (Perlata) - referred to Rules
2018 Session- S6845 (Peralta) - referred to Banks, reported to Calendar

 
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.

2019-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

 S. 3230                             2
 
 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. 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 to be made  and  completed
 on or before such effective date.

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Senate Bill S3230

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Archive: Last Bill Status - In Senate Committee Banks Committee

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2019-S3230 (ACTIVE) - Details

2019-S3230 (ACTIVE) - Summary

2019-S3230 (ACTIVE) - Sponsor Memo

2019-S3230 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Banks Committee

Actions

2019-S3230 (ACTIVE) - Details

2019-S3230 (ACTIVE) - Summary

2019-S3230 (ACTIVE) - Sponsor Memo

2019-S3230 (ACTIVE) - Bill Text download pdf

Comments