Senate Bill S6088

Signed By Governor
2023-2024 Legislative Session

Relates to requiring a notice to be posted regarding skimming

download bill text pdf

Sponsored By

Current Bill Status Via A4023 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S6088 (ACTIVE) - Details

See Assembly Version of this Bill:
A4023
Law Section:
General Business Law
Laws Affected:
Add §390-e, Gen Bus L

2023-S6088 (ACTIVE) - Summary

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.

2023-S6088 (ACTIVE) - Sponsor Memo

2023-S6088 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6088
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  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:
 
   Section 1. The general business law is amended by adding a new section
 390-e 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, 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  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 STEPS CUSTOMERS CAN TAKE TO PROTECT THEMSELVES FROM SKIM-
 MING AND AN APPROPRIATE CONTACT NUMBER AS DETERMINED BY THE SECRETARY OF
 STATE TO REPORT INCIDENCES OF SUSPECTED  SKIMMING.    THE  SECRETARY  OF
 STATE SHALL MAKE AVAILABLE ON THE DEPARTMENT OF STATE'S WEBSITE, A MODEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05962-03-3
 S. 6088                             2

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