STATE OF NEW YORK ________________________________________________________________________ 8528 IN ASSEMBLY January 5, 2024 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law and the social services law, in relation to a model notification regarding electronic benefits trans- fer scams involving certain public assistance benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 390-e of the general business law, as added by a 2 chapter of the laws of 2023 amending the general business law relating 3 to requiring a notice to be posted regarding skimming, as proposed in 4 legislative bills numbers S. 6088 and A. 4023-A, is amended to read as 5 follows: 6 § 390-e. Skimming awareness notice. 1. For the purposes of this 7 section, the following terms shall have the following meanings: 8 (a) "electronic benefit transfer card" means any medical assistance 9 card, [food stamp assistance card, public assistance card] payment 10 access card pursuant to subdivision nine of section one hundred thirty- 11 one of the social services law, or any other identification, authori- 12 zation card or electronic access device issued by the state or a social 13 services district as defined in subdivision seven of section two of the 14 social services law by which [entitles] a person [to obtain public 15 assistance benefits] may access their medical assistance, supplemental 16 nutrition assistance program, or public assistance benefits under a 17 local, state or federal program administered by the state, its political 18 subdivisions or social services districts; and 19 (b) "skimming" shall be defined as obtaining a consumer's personal 20 identifying information as defined in subdivision one of section 190.77 21 of the penal law through the use of a skimmer device as defined in 22 subdivision two of section 190.85 of the penal law. 23 2. Notwithstanding any other law to the contrary, every person, firm, 24 partnership, association or corporation who is engaged in a sales trans- 25 action and accepts electronic benefit transfer cards shall place a sign 26 at the point of sale containing a notice regarding skimming. Such sign 27 shall include: (a) a link to a web page maintained by the office of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05962-04-4
A. 8528 2 1 temporary and disability assistance with information for victims of 2 electronic benefit transfer scams, including, but not limited to, skim- 3 ming; (b) steps customers can take to protect themselves from skimming 4 [and]; (c) an appropriate contact number as determined by the [secretary 5 of state] office of temporary and disability assistance to report [inci- 6 dences of suspected skimming] that an electronic benefit transfer card 7 was compromised and to disable and request a new electronic benefit 8 transfer card; and (d) a request to notify law enforcement if a skimmer 9 device appears to be in use. The [secretary of state] office of tempo- 10 rary and disability assistance shall make available on [the department 11 of state's] its website[,] a model sign as required by subdivision six 12 of section one hundred fifty-two-d of the social services law that such 13 establishments may use to comply with the provisions of this section. 14 3. (a) Any person, firm, partnership, association or corporation who 15 fails to comply with the requirements of this section [shall be issued a 16 warning and provided with information on compliance with this section. 17 For each additional violation for failure to comply, such person or 18 entity] shall be assessed a civil penalty not to exceed two hundred 19 fifty dollars per point of sale which lacks the notice required pursuant 20 to subdivision two of this section for the second and each separate 21 subsequent offense. 22 (b) If the notice required pursuant to subdivision two of this section 23 has been provided and such notice is subsequently removed, damaged, or 24 altered by any person other than the person or entities required to 25 provide such notice, such person or entities shall have no liability for 26 a failure to comply with subdivision two of this section as long as such 27 notice is replaced within ten business days from such person or entities 28 becoming aware of the defect. 29 § 2. Section 152-d of the social services law is amended by adding a 30 new subdivision 6 to read as follows: 31 6. The office of temporary and disability assistance shall make a 32 model sign available on its website that can be used by any person, 33 firm, partnership, association or corporation required to inform indi- 34 viduals about electronic benefit transfer scams, including, but not 35 limited to, skimming, and the steps they can take to protect their bene- 36 fits in accordance with section three hundred ninety-e of the general 37 business law. 38 § 3. This act shall take effect on the same date and in the same 39 manner as a chapter of the laws of 2023 amending the general business 40 law relating to requiring a notice to be posted regarding skimming, as 41 proposed in legislative bills numbers S. 6088 and A. 4023-A, takes 42 effect.