H.B. 365 Enrolled

1

AUTOMATED TELLER MACHINE FEES
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark W. Walker
5 Senate Sponsor: Curtis S. Bramble
6 Cosponsor:Julie Fisher 7
8 LONG TITLE
9 General Description:
10 This bill modifies the Financial Institutions Act addressing automated teller machine
11 transaction fees.
12 Highlighted Provisions:
13 This bill:
14 . provides that permitted transaction fees include a fee or surcharge involving a
15 depository institution outside of the United States; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 7-16a-202, as enacted by Chapter 111, Laws of Utah 1997
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 7-16a-202 is amended to read:
27 7-16a-202. Powers of depository institutions operating automated teller machines
28 -- Fees or surcharges.
29 (1) An operator may:

30 (a) make an automated teller machine available for use by customers of one or more
31 issuers;
32 (b) connect the automated teller machine with an electronic consumer funds transfer
33 system connecting one or more depository institutions to one or more automated teller
34 machines; and
35 (c) impose a transaction fee for the use of the automated teller machine, if the
36 imposition of the fee is disclosed at a time and in a manner that allows a user to terminate or
37 cancel the transaction without incurring the transaction fee.
38 (2) Except for the dispensing of currency or coin or accepting deposits or payments,
39 any service provided by an operator to a customer at the automated teller machine is not
40 governed by this chapter.
41 (3) The transaction fee permitted in Subsection (1)(c) may be in addition to any other
42 charges imposed by any of the following entities involved in the transaction:
43 (a) an electronic consumer funds transfer system;
44 (b) a depository institution; or
45 (c) an issuer.
46 (4) Any of the following entities may charge any or all customers any transaction fee
47 allowed or not prohibited by state or federal law:
48 (a) a depository institution;
49 (b) an owner;
50 (c) an operator;
51 (d) an issuer; or
52 (e) an electronic consumer funds transfer system.
53 (5) A transaction fee allowed under this section includes a fee or surcharge to a
54 customer conducting a transaction using an account from a depository institution that is located
55 outside of the United States.