THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CALTAGIRONE, CRUZ, GEORGE AND W. KELLER, MARCH 28, 2011

REFERRED TO COMMITTEE ON COMMERCE, MARCH 28, 2011  

AN ACT

Requiring certain financial institutions to post transaction

fees for each automated teller machine transaction; and

restricting transaction fees for automated teller machines.

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 Fee

Regulatory 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.

"Financial institution."  A national bank, State bank,

federally chartered savings bank, State-chartered savings bank,

federally chartered savings and loan association, federally

chartered credit union, State-chartered credit union and any

entity that owns or operates an automated teller machine.

Section 3.  Disclosure required.

(a)  General rule.--A financial institution shall disclose

the total transaction fee or surcharge to be imposed for each

transaction on the screen of the ATM prior to the completion of

the transaction. The customer shall have the right to cancel the

transaction after the fee or surcharge is disclosed.

(b)  Notice.--A financial institution shall provide written

notice to its account holders that a fee may be imposed when the

account holder uses ATMs owned or operated by another financial

institution or any national, regional or local ATM network

whenever a card, code or other means of ATM access is issued by

the financial institution for the purpose of initiating ATM

transactions.

Section 4.  Fee restrictions.

(a)  Screen display as prerequisite for fee.--No customer

shall be liable to pay any fee or surcharge to a financial

institution for an ATM transaction at an ATM screen unless the

fee or surcharge is displayed on the ATM screen prior to the

transaction.

(b)  Telephone transactions.--No customer shall be liable to

pay any fee or surcharge to any financial institution for any

ATM transaction initiated via telephone.

(c)  Single fee per transaction.--No customer shall be billed

for more than one fee per ATM transaction regardless of the

number of financial institutions involved in the transaction.

(d)  Cash dispensing requirement.--No customer shall be

liable to pay an ATM fee or surcharge to a financial institution

that does not dispense cash at all of the institution's branch

locations.

Section 5.  Effective date.

This act shall take effect in 30 days.