CHAPTER 52


97-H 5434A am
Approved Jul. 2, 1997



AN ACT RELATING TO FINANCIAL INSTITUTIONS --

FEES FOR USE OF ATM

It is enacted by the General Assembly as follows

SECTION 1. Section 19-3-13 of the General Laws in Chapter 19-3 entitled "Powers and Operations" is hereby amended to read as follows:

19-3-13. Use of electronic devices and machines. -- Any financial institution, or credit union, may make available for use by its customers one (1) or more electronic devices or machines (customer-bank communications terminals/automated teller machines). Such devices or machines shall not be deemed to be the establishment of a branch of the particular financial institution or credit union. {ADD All surcharges chargeable for use of such devices shall be disclosed prior to completion of any transaction. Disclosure of said surcharge shall be displayed electronically by the electronic device or machine and shall not be disclosed by means of any stickers or placards placed on the exterior of said electronic device or machine. ADD}

The establishment and use of these devices are subject to approval by the director or his or her designee which approval shall not be unreasonably withheld. The director or his or her designee may promulgate rules and regulations not inconsistent with this section.

To the extent consistent with the antitrust laws, each financial institution or credit union, chartered by this or any other state, is permitted but not required to share such devices with one (1) or more other financial institutions or credit unions, chartered by the state or federal government.

Each financial institution or credit union shall adopt and maintain safeguards on each electronic device or machine consistent with the minimum requirements specified under the federal Bank Protection Act [12 U.S.C. section 1881 et seq.], as amended.

SECTION 2. This act shall take effect upon passage.



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