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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4023--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A.  ROZIC,  GONZALEZ-ROJAS,  ANDERSON, MITAYNES,
          SEAWRIGHT, SHIMSKY, GUNTHER, SIMON, AUBRY, MIKULIN, CHANG, BROOK-KRAS-
          NY, McDONOUGH, GRAY -- read once and  referred  to  the  Committee  on
          Consumer Affairs and Protection -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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.  Such sign
    21  shall include steps customers can take to protect themselves from  skim-
    22  ming and an appropriate contact number as determined by the secretary of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05962-02-3
        A. 4023--A                          2

     1  state  to  report  incidences  of suspected skimming.   The secretary of
     2  state shall make available on the department of state's website, a model
     3  sign that such establishments may use to comply with the  provisions  of
     4  this section.
     5    3.  (a)  Any person, firm, partnership, association or corporation who
     6  fails to comply with the requirements of this section shall be issued  a
     7  warning  and  provided with information on compliance with this section.
     8  For each additional violation for failure  to  comply,  such  person  or
     9  entity shall be assessed a civil penalty not to exceed two hundred fifty
    10  dollars  per  point  of sale which lacks the notice required pursuant to
    11  subdivision two of this section.
    12    (b) If the notice required pursuant to subdivision two of this section
    13  has been provided and such notice is subsequently removed,  damaged,  or
    14  altered  by  any  person  other  than the person or entities required to
    15  provide such notice, such person or entities shall have no liability for
    16  a failure to comply with subdivision two of this section as long as such
    17  notice is replaced within ten business days from such person or entities
    18  becoming aware of the defect.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.