S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8050
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law and the social services law, in
   relation to a model notification regarding electronic benefits  trans-
   fer scams involving certain public assistance benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 390-e of the general business law, as  added  by  a
 chapter  of  the laws of 2023 amending the general business law relating
 to requiring a notice to be posted regarding skimming,  as  proposed  in
 legislative  bills  numbers S. 6088 and A. 4023-A, is amended to read as
 follows:
   § 390-e. Skimming awareness  notice.  1.  For  the  purposes  of  this
 section, the following terms shall have the following meanings:
   (a)  "electronic  benefit  transfer card" means any medical assistance
 card, [food stamp  assistance  card,  public  assistance  card]  PAYMENT
 ACCESS  CARD PURSUANT TO SUBDIVISION NINE OF SECTION ONE HUNDRED THIRTY-
 ONE OF THE SOCIAL SERVICES LAW, or any  other  identification,  authori-
 zation  card or electronic access device issued by the state or a social
 services district as defined in subdivision seven of section two of  the
 social  services  law  BY  which  [entitles]  a person [to obtain public
 assistance benefits] MAY ACCESS THEIR MEDICAL  ASSISTANCE,  SUPPLEMENTAL
 NUTRITION  ASSISTANCE  PROGRAM,  OR  PUBLIC  ASSISTANCE BENEFITS under a
 local, state or federal program administered by the state, its political
 subdivisions or social services districts; and
   (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 any other law to the contrary, every person, firm,
 partnership, association or corporation who is engaged in a sales trans-
 action and accepts electronic benefit transfer cards shall place a  sign
 at  the point of sale containing a notice regarding skimming.  Such sign
 shall include: (A) A LINK TO A WEB PAGE  MAINTAINED  BY  THE  OFFICE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05962-04-4
 S. 8050                             2
 
 TEMPORARY  AND  DISABILITY  ASSISTANCE  WITH  INFORMATION FOR VICTIMS OF
 ELECTRONIC BENEFIT TRANSFER SCAMS, INCLUDING, BUT NOT LIMITED TO,  SKIM-
 MING;  (B)  steps customers can take to protect themselves from skimming
 [and]; (C) an appropriate contact number as determined by the [secretary
 of state] OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE to report [inci-
 dences  of  suspected skimming] THAT AN ELECTRONIC BENEFIT TRANSFER CARD
 WAS COMPROMISED AND TO DISABLE AND  REQUEST  A  NEW  ELECTRONIC  BENEFIT
 TRANSFER  CARD; AND (D) A REQUEST TO NOTIFY LAW ENFORCEMENT IF A SKIMMER
 DEVICE APPEARS TO BE IN USE.  The [secretary of state] OFFICE OF  TEMPO-
 RARY  AND  DISABILITY ASSISTANCE shall make available on [the department
 of state's] ITS website[,] a model sign AS REQUIRED BY  SUBDIVISION  SIX
 OF  SECTION ONE HUNDRED FIFTY-TWO-D OF THE SOCIAL SERVICES LAW that such
 establishments may use to comply with the provisions of this section.
   3. (a) Any person, firm, partnership, association or  corporation  who
 fails to comply with the requirements of this section [shall be issued a
 warning  and  provided with information on compliance with this section.
 For each additional violation for failure  to  comply,  such  person  or
 entity]  shall  be  assessed  a  civil penalty not to exceed two hundred
 fifty dollars per point of sale which lacks the notice required pursuant
 to subdivision two of this section FOR  THE  SECOND  AND  EACH  SEPARATE
 SUBSEQUENT OFFENSE.
   (b) If the notice required pursuant to subdivision two of this section
 has  been  provided and such notice is subsequently removed, damaged, or
 altered by any person other than the  person  or  entities  required  to
 provide such notice, such person or entities 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 person or entities
 becoming aware of the defect.
   §  2.  Section 152-d of the social services law is amended by adding a
 new subdivision 6 to read as follows:
   6. THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE  SHALL  MAKE  A
 MODEL  SIGN  AVAILABLE  ON  ITS  WEBSITE THAT CAN BE USED BY ANY PERSON,
 FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION REQUIRED TO  INFORM  INDI-
 VIDUALS  ABOUT  ELECTRONIC  BENEFIT  TRANSFER  SCAMS, INCLUDING, BUT NOT
 LIMITED TO, SKIMMING, AND THE STEPS THEY CAN TAKE TO PROTECT THEIR BENE-
 FITS IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-E  OF  THE  GENERAL
 BUSINESS LAW.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2023 amending  the  general  business
 law  relating  to requiring a notice to be posted regarding skimming, as
 proposed in legislative bills numbers  S.  6088  and  A.  4023-A,  takes
 effect.