* § 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, payment access card pursuant to subdivision nine of section one
hundred thirty-one of the social services law, 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 by which a person may access
their medical assistance, supplemental nutrition assistance program, or
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
transaction and accepts electronic benefit transfer cards shall place a
sign at the point of sale containing a notice regarding skimming. Such
sign shall include: (a) a link to a web page maintained by the office of
temporary and disability assistance with information for victims of
electronic benefit transfer scams, including, but not limited to,
skimming; (b) steps customers can take to protect themselves from
skimming; (c) an appropriate contact number as determined by the office
of temporary and disability assistance to report that an electronic
benefit transfer card was compromised and to disable and request a new
electronic benefit transfer card; and (d) a request to notify law
enforcement if a skimmer device appears to be in use. The office of
temporary and disability assistance shall make available on its website
a model sign as required by subdivision six of section one hundred
fifty-two-d of the social services law that such establishments may use
to comply with the provisions of this section.

3. (a) Any person, firm, partnership, association or corporation who
fails to comply with the requirements of this section shall be assessed
a civil penalty not to exceed two hundred fifty dollars per point of
sale which lacks the notice required pursuant to subdivision two of this
section for the second and each separate subsequent offense.

(b) If the notice required pursuant to subdivision two of this section
has been provided and such notice is subsequently removed, damaged, or
altered by any person other than the person or entities required to
provide such notice, such person or entities shall have no liability for
a failure to comply with subdivision two of this section as long as such
notice is replaced within ten business days from such person or entities
becoming aware of the defect.

* NB There are 2 § 390-e's