Bill Text: NY A04023 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to requiring a notice to be posted regarding skimming; requires every person, firm, partnership, association or corporation who is engaged in a sales transaction and accepts electronic benefit transfer cards to place a sign at the point of sale containing a notice regarding skimming; defines terms; establishes the issuing of a warning and for additional violations a civil penalty.

Spectrum: Slight Partisan Bill (Democrat 11-5)

Status: (Passed) 2023-12-21 - approval memo.57 [A04023 Detail]

Download: New_York-2023-A04023-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4023

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A.  ROZIC,  GONZALEZ-ROJAS,  ANDERSON, MITAYNES,
          SEAWRIGHT -- read once and  referred  to  the  Committee  on  Consumer
          Affairs and Protection

        AN  ACT  to  amend  the general business law, in relation to requiring a
          notice to be posted regarding skimming

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  390-e to read as follows:
     3    §  390-e.  Skimming  awareness  notice.  1.  For  the purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "electronic benefit transfer card" means  any  medical  assistance
     6  card,  food  stamp assistance card, public assistance card, or any other
     7  identification, authorization card or electronic access device issued by
     8  the state or a social services district as defined in subdivision  seven
     9  of  section  two  of  the social services law which entitles a person to
    10  obtain public assistance  benefits  under  a  local,  state  or  federal
    11  program  administered by the state, its political subdivisions or social
    12  services districts; and
    13    (b) "skimming" shall be defined as  obtaining  a  consumer's  personal
    14  identifying  information as defined in subdivision one of section 190.77
    15  of the penal law through the use of  a  skimmer  device  as  defined  in
    16  subdivision two of section 190.85 of the penal law.
    17    2.  Notwithstanding any other law to the contrary, every person, firm,
    18  partnership, association or corporation who is engaged in a sales trans-
    19  action and accepts electronic benefit transfer cards shall place a  sign
    20  at  the point of sale containing a notice regarding skimming. The secre-
    21  tary of state shall promulgate the language for such sign,  which  shall
    22  include steps customers can take to protect themselves from skimming and
    23  an appropriate contact number as determined by the secretary of state to
    24  report incidences of suspected skimming.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05962-01-3
        A. 4023                             2

     1    3.  (a)  Any person, firm, partnership, association or corporation who
     2  fails to comply with the requirements of this section shall be  assessed
     3  a  civil  penalty  not  to exceed two hundred fifty dollars per point of
     4  sale which lacks the notice required pursuant to subdivision two of this
     5  section.
     6    (b) If the notice required pursuant to subdivision two of this section
     7  has  been  provided and such notice is subsequently removed, damaged, or
     8  altered by any person other than the  person  or  entities  required  to
     9  provide such notice, such person or entities shall have no liability for
    10  a failure to comply with subdivision two of this section as long as such
    11  notice is replaced within ten business days from such person or entities
    12  becoming aware of the defect.
    13    §  2.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.