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.
