97-S 0070A am
Approved Jul. 3, 1997


It is enacted by the General Assembly as follows

SECTION 1. Chapter 19-3 of the General Laws entitled "POWERS AND OPERATIONS" is hereby amended by adding thereto the following section

{ADD19-3-13.2. Fee disclosures at automated teller machines. ADD}{ADD(a) Any financial institution, credit union or other entity operating an automated teller machine pursuant to section 19-3-13 or otherwise, which imposes directly on the machine user any fee for use of its machine to process transactions affecting accounts held by other financial institutions, credit unions or other entities, shall (i) provide to such machine user the following: notice in accordance with the requirements of subparagraph (b) of this section; and (ii) make available a receipt of transaction(s) in accordance with the requirements of subparagraph (c) of this section.

(b) The notice required under subparagraph (a) of this section with respect to any fee described in such subparagraph shall appear by means of a display on the screen of the machine after the transaction is initiated and before the user of the machine is irrevocably committed to completing the transaction, and shall display, at a minimum, the following information: (i) a statement that a fee is being imposed by the operator of the machine which fee may be in addition to any fee charged by the entity holding the account; (ii) the amount of the fee; and (iii) clear instructions on how to continue or cancel the transaction.

(c) The receipt referenced under subparagraph (a) of this section shall be available to the machine user upon completion of transaction(s), and shall contain the following information: (i) the amount of the withdrawal, cash advance or payment transaction; (ii) the amount of the fee imposed by the machine operator; (iii) a statement indicating that the fee is being imposed by the machine operator; (iv) a total based upon the sum of the withdrawal, cash advance of payment transaction and the operator's fee; and (v) a statement indicating how the total amount of the transaction will affect the applicable account (e.g. payment to or withdrawal from the account).

(d) Banks, credit unions or other financial institutions which operate fifteen (15 or fewer ATM's shall be deemed to comply with this act if they post the fees charged by that machine adjacent to the machine.ADD}

SECTION 2. This act shall take effect on July 1, 1997.

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