S T A T E O F N E W Y O R K
________________________________________________________________________
5848
2021-2022 Regular Sessions
I N S E N A T E
March 19, 2021
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Introduced by Sen. COMRIE -- 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 ATM machines
to release ATM cards with EVM chips prior to disbursing cash or a
receipt
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 75-b of the banking law is amended by adding four
new subdivisions 10, 11, 12, and 13 to read as follows:
10. "EVM CHIP" MEANS A DATA STORAGE CHIP THAT IMPLEMENTS THE EUROPAY,
MASTERCARD AND VISA TECHNICAL STANDARD.
11. "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.
12. "CARD DIPPING" MEANS THE INSERTION OF A CHIP CARD INTO A CARD
READER TO ENABLE CUSTOMER DATA TO BE READ OFF THE EVM CHIP.
13. "CHIP ENABLED AUTOMATIC TELLER MACHINE" MEANS AN AUTOMATIC TELLER
MACHINE THAT READS CUSTOMER DATA FROM A CHIP CARD AND USES CARD DIPPING.
§ 2. Section 75-c of the banking law is amended by adding a new subdi-
vision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SECTION SEVENTY-FIVE-I OF THIS
ARTICLE, NO NEWLY INSTALLED CHIP ENABLED AUTOMATIC TELLER MACHINE SHALL
DISBURSE CASH OR PRINT A DEPOSIT RECEIPT WITHOUT FIRST RELEASING THE
CARD TO THE CUSTOMER AND THE CUSTOMER WITHDRAWING THE CARD FROM THE
READER.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any ATM installed after
such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09529-01-1