S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5733
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Banks
 
 AN  ACT  to  amend  the banking law, in relation to prohibiting fees for
   benefit banking services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The banking law is amended by adding a new section 9-y to
 read as follows:
   § 9-Y. BENEFIT BANKING SERVICES. 1. AS USED IN THIS SECTION:
   (A) "BANK" MEANS  ANY  CORPORATION  OR  LIMITED  LIABILITY  INVESTMENT
 COMPANY  SUBJECT TO THE PROVISIONS OF THIS CHAPTER, BANKING CORPORATIONS
 ORGANIZED UNDER THE LAWS OF  THE  UNITED  STATES  OR  ANY  OTHER  STATE,
 PRIVATE  BANKERS,  BANK-BASED  FINANCIAL  SERVICES COMPANIES AND FEDERAL
 RESERVE BANKS;
   (B) "BENEFIT BANKING SERVICES" MEANS ANY SERVICE  RENDERED  THROUGH  A
 BANK  RELATING TO THE USE OF AN ELECTRONIC BENEFIT TRANSFER CARD INCLUD-
 ING DEPOSIT; DISBURSEMENT VIA ELECTRONIC FUND TRANSFER, CHECKS, OR OTHER
 MECHANISMS; RECONCILIATION; REPORTING; OR ELECTRONIC CASH MANAGEMENT FOR
 BENEFIT PROGRAMS; AND
   (C) "ELECTRONIC BENEFIT TRANSFER CARD" MEANS:
   (I) ANY MEDICAL ASSISTANCE CARD, FOOD STAMP  ASSISTANCE  CARD,  PUBLIC
 ASSISTANCE  CARD,  OR  ANY  OTHER  IDENTIFICATION, AUTHORIZATION 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 WHICH ENTITLES A PERSON TO OBTAIN PUBLIC  ASSISTANCE  BENE-
 FITS  UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE STATE,
 ITS POLITICAL SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS; OR
   (II) ANY UNEMPLOYMENT INSURANCE PROGRAM  CARD,  OCCUPATIONAL  TRAINING
 ACT  PROGRAM CARD, ADOPTION SUBSIDY ELECTRONIC PAYMENTS PROGRAM CARD, OR
 CARD ISSUED BY THE NEW YORK  CHILD  SUPPORT  PROGRAM  WHICH  ENTITLES  A
 PERSON TO RECEIVE FUNDS UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02375-01-1

 A. 5733                             2
 
 TERED  BY  THE  STATE,  ITS  POLITICAL  SUBDIVISIONS  OR SOCIAL SERVICES
 DISTRICTS.
   2. NO BANK SHALL IMPOSE ANY FEE FOR BENEFIT BANKING SERVICES ATTRIBUT-
 ABLE TO THE USE OF AN ELECTRONIC BENEFIT TRANSFER CARD.
   3.  NO  OPERATOR  OR OWNER OF AN AUTOMATED TELLER MACHINE SHALL IMPOSE
 ANY FEE FOR BENEFIT BANKING SERVICES ATTRIBUTABLE TO THE USE OF AN ELEC-
 TRONIC BENEFIT TRANSFER CARD.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 current  and  future contract for benefit banking services as defined in
 section 9-y of the banking law, as added by section  one  of  this  act,
 entered into between the state, or any agency, subdivision or department
 thereof,  and any institution subject to the New York state banking law,
 notwithstanding the terms of such current contracts.