New York Assembly Bill A06766 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6766 2025-2026 Regular Sessions  IN ASSEMBLY March 12, 2025 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Banks AN ACT to amend the general business law, in relation to prohibiting predatory automated teller machine fees at casinos and colleges 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 2 399-y-2 to read as follows: 3 § 399-y-2. Predatory automated teller machine fees prohibited. 1. For 4 the purposes of this section, the following terms shall have the follow- 5 ing meanings: 6 a. "Automated teller machine" shall mean an automated teller machine 7 as defined in section three hundred ninety-nine-y-one of this article. 8 b. "Casino" shall mean a casino as defined in section one thousand 9 three hundred one of the racing, pari-mutuel wagering and breeding law. 10 c. "College" shall mean a college as defined in section two of the 11 education law that is located within the state of New York. 12 2. No casino or college may knowingly have located on its premises an 13 automated teller machine which charges a consumer a fee or surcharge for 14 a financial transaction exceeding a monetary amount to be established by 15 the superintendent of the department of financial services that is fair 16 and reasonable to consumers and consistent with prevailing industry 17 norms and standards. The superintendent of the department of financial 18 services may periodically review and adjust such monetary amount. 19 3. Where a casino or college receives a complaint from a consumer that 20 an automated teller machine located on the premises of such casino or 21 college is charging a fee or surcharge exceeding the monetary amount 22 established pursuant to subdivision two of this section, such casino or 23 college shall be deemed to have knowledge that an automated teller 24 machine is charging a fee or surcharge exceeding such monetary amount on 25 the premises of such casino or college. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10931-01-5 
 A. 6766 2 1 4. Any casino or college that knowingly permits an automated teller 2 machine on its premises to charge a fee or surcharge exceeding the mone- 3 tary amount established pursuant to subdivision two of this section 4 shall be assessed a civil penalty not to exceed two hundred fifty 5 dollars per violation. 6 5. If any provision of this article or the application thereof to any 7 person or circumstances is held to be invalid, such invalidity shall not 8 affect other provisions or applications of this article which can be 9 given effect without the invalid provision or application, and to this 10 end the provisions of this article are severable. 11 § 2. This act shall take effect immediately.