THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LOGAN, TARTAGLIONE, KITCHEN, BOSCOLA, FONTANA, STACK, RAFFERTY, KASUNIC, MUSTO, O'PAKE, COSTA AND FERLO, MARCH 20, 2009

REFERRED TO BANKING AND INSURANCE, MARCH 20, 2009  

AN ACT

Prohibiting transaction fees for the use of an automated teller

machine card or debit card for the purchase of goods or

services; and providing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the ATM/Debit

Card Fee Prohibition Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"ATM."  An automated teller machine.

"ATM card" or "debit card."  A device or instrument which

entitles the holder to obtain money, goods, services or anything

of value as an automatic debit against an account of the holder.

Section 3.  Transaction fees prohibited.

No person or business located in this Commonwealth shall

require any customer using an ATM card or debit card to purchase

goods or services from the person or business to pay any fee or

surcharge due to the customer's use of an ATM card or debit

card.

Section 4.  Civil penalty.

A person or business located in this Commonwealth that is

found to have violated section 3 shall be subject to a civil

penalty of $500 for the first offense and a civil penalty of

$1,000 for each subsequent offense.

Section 5.  Effective date.

This act shall take effect in 60 days.