S T A T E O F N E W Y O R K
________________________________________________________________________
6695
2025-2026 Regular Sessions
I N S E N A T E
March 19, 2025
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to prohibiting
predatory automated teller machine fees at casinos and colleges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-y-2 to read as follows:
§ 399-Y-2. PREDATORY AUTOMATED TELLER MACHINE FEES PROHIBITED. 1. FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
A. "AUTOMATED TELLER MACHINE" SHALL MEAN AN AUTOMATED TELLER MACHINE
AS DEFINED IN SECTION THREE HUNDRED NINETY-NINE-Y-ONE OF THIS ARTICLE.
B. "CASINO" SHALL MEAN A CASINO AS DEFINED IN SECTION ONE THOUSAND
THREE HUNDRED ONE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
C. "COLLEGE" SHALL MEAN A COLLEGE AS DEFINED IN SECTION TWO OF THE
EDUCATION LAW THAT IS LOCATED WITHIN THE STATE OF NEW YORK.
2. NO CASINO OR COLLEGE MAY KNOWINGLY HAVE LOCATED ON ITS PREMISES AN
AUTOMATED TELLER MACHINE WHICH CHARGES A CONSUMER A FEE OR SURCHARGE FOR
A FINANCIAL TRANSACTION EXCEEDING A MONETARY AMOUNT TO BE ESTABLISHED BY
THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES THAT IS FAIR
AND REASONABLE TO CONSUMERS AND CONSISTENT WITH PREVAILING INDUSTRY
NORMS AND STANDARDS. THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL
SERVICES MAY PERIODICALLY REVIEW AND ADJUST SUCH MONETARY AMOUNT.
3. WHERE A CASINO OR COLLEGE RECEIVES A COMPLAINT FROM A CONSUMER THAT
AN AUTOMATED TELLER MACHINE LOCATED ON THE PREMISES OF SUCH CASINO OR
COLLEGE IS CHARGING A FEE OR SURCHARGE EXCEEDING THE MONETARY AMOUNT
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SUCH CASINO OR
COLLEGE SHALL BE DEEMED TO HAVE KNOWLEDGE THAT AN AUTOMATED TELLER
MACHINE IS CHARGING A FEE OR SURCHARGE EXCEEDING SUCH MONETARY AMOUNT ON
THE PREMISES OF SUCH CASINO OR COLLEGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10931-01-5
S. 6695 2
4. ANY CASINO OR COLLEGE THAT KNOWINGLY PERMITS AN AUTOMATED TELLER
MACHINE ON ITS PREMISES TO CHARGE A FEE OR SURCHARGE EXCEEDING THE MONE-
TARY AMOUNT ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL BE ASSESSED A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS PER VIOLATION.
5. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT
AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE WHICH CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
§ 2. This act shall take effect immediately.