New York State Assembly

 
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A10157 Summary:

A10157 Actions:

A10157 Committee Votes:

Committee:BANKS   Chair:Zebrowski      
DATE:04/24/2018AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Zebrowski
Aye
Lalor
Aye
Perry
Aye
Finch
Aye
Magee
Aye
Raia
Aye
Abbate
Aye
Curran
Excused
Miller
Aye
Malliotakis
Aye
Weprin
Aye
Castorina
Aye
Rodriguez
Excused
Byrne
Aye
Ryan
Excused
Giglio
Aye
Sepulveda
Excused
Mosley
Aye
Bichotte
Aye
Blake
Aye
Jean-Pierre
Aye
Seawright
Aye
Richardson
Excused
Dickens
Aye
De La Rosa
Aye
Vanel
Excused
Wright
Aye
Niou
Aye
Pellegrino
Aye
Taylor
Aye
Barnwell
Excused

Committee:CODES   Chair:Lentol      
DATE:05/01/2018AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Excused
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A10157 Floor Votes:

A10157 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10157--A
                                                                Cal. No. 849
 
                   IN ASSEMBLY
 
                                     March 21, 2018
                                       ___________
 
        Introduced  by  M.  of A. PELLEGRINO, WEPRIN, SEAWRIGHT -- read once and
          referred to the Committee on Banks -- reported  and  referred  to  the
          Committee  on Codes -- advanced to a third reading, passed by Assembly
          and delivered to the Senate, recalled from the Senate, vote  reconsid-
          ered,  bill  amended,  ordered  reprinted,  retaining its place on the
          order of third reading
 
        AN ACT to direct the department of financial services to study  consumer
          protection issues regarding ATMs that accept EVM-enabled chip cards
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
     2  declares  that the introduction of EVM-enabled chip cards to the general
     3  public has presented a unique public  safety,  consumer  protection  and
     4  personal identity protection issue with respect to ATMs that accept such
     5  cards.  Due to the unique nature, construction and process sequencing of
     6  ATMs  the  consumer's  card is regularly held fully in the machine until
     7  such time as the money is disbursed and a receipt is printed.  In  prac-
     8  tice,  many  consumers  have reported that they regularly walk away once
     9  they have received the money and receipt and forget to wait for the card
    10  to be released from the ATM. In the event that people forget to retrieve
    11  their card, a host of negative outcomes may be visited  upon  consumers,
    12  including,  without limitation: the card may be taken by another for the
    13  purposes of theft, larceny, fraud, identity assumption and other  unlaw-
    14  ful  purposes.  The  legislature further finds that this is an important
    15  public policy issue that bears study, research and scrutiny,  as  simple
    16  and  viable  alternatives  may  exist  that can more proactively protect
    17  consumers, including  requiring  all  newly  installed  ATMs  which  are
    18  EVM-chip  enabled to release the card before disbursing cash or printing
    19  a receipt.
    20    § 2. For purposes of this act:
    21    (a) "EVM chip" means a data storage chip that implements the  Europay,
    22  Mastercard and Visa technical standard;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11833-03-8
        A. 10157--A                         2
 
     1    (b)  "Chip  card" means an automated teller machine card, credit card,
     2  or other form of secure-payment card with an  EVM  chip  inset  for  the
     3  purposes of customer data storage;
     4    (c) "Dipping" means the insertion of a chip card into a card reader to
     5  enable customer data to be read off the EVM chip; and
     6    (d) "Department" means the department of financial services.
     7    §  3. The department shall study, research and prepare a report on the
     8  issue of ATMs that accept EVM-enabled  chip  cards  to  determine  which
     9  measures may be necessary and proper to ensure that the cards and corre-
    10  sponding  personal  data  and information of consumers is protected from
    11  falling into the hands of others. Such report shall include but  not  be
    12  limited to the following issues:
    13    (a)  The prevalence and incidence of people leaving their cards behind
    14  in ATM machines;
    15    (b) The extent to which the general public, including vulnerable popu-
    16  lations such as seniors and low-income individuals, are affected by this
    17  issue;
    18    (c) The correlation, if any, between such cards being left behind  and
    19  the design of such ATM machines which hold the card within the very body
    20  of the machine until the last step of the transaction;
    21    (d)  The  availability  and  efficacy  of alternative ATM designs that
    22  would release the card earlier in the transaction or allow  for  dipping
    23  of  the  cards,  such  as  is  available in most major stores and at gas
    24  stations and other businesses, so that the card never leaves the consum-
    25  ers hands; and
    26    (e) Any other related issues that the department shall deem  advisable
    27  to create the report.
    28    § 4. Within one hundred eighty days of the effective date of this act,
    29  the  department  shall  submit a report on its findings, conclusions and
    30  recommendations pursuant to this act  to  the  governor,  the  temporary
    31  president  of  the  senate,  the  speaker of the assembly, the chair and
    32  ranking minority members of the senate banks committee, the chair  rank-
    33  ing  minority  members  of the senate consumer protection committee, the
    34  chair and ranking minority members of the assembly banks  committee  and
    35  the  chair and ranking minority members of the assembly consumer affairs
    36  and protection committee.
    37    § 5. The department may acquire directly from the head of  any  agency
    38  or  instrumentality of the executive branch of the government, available
    39  information which the department considers useful in  the  discharge  of
    40  its  duties.  All agencies and instrumentalities of the executive branch
    41  of the government shall cooperate with the department  with  respect  to
    42  such  information  and  shall  furnish  all information requested by the
    43  department to the extent permitted by law.
    44    § 6. This act shall take effect immediately.