00 SENATE BILL NO. 212                                                                                                   
01 "An Act relating to automated teller machines."                                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  LEGISLATIVE FINDINGS AND INTENT.  The legislature finds that the fees                                
04 charged for using automated teller machines by many banks could have a negative effect on                               
05 the financial institutions industry and consumers.  The legislature intends to ensure that there                        
06 is an efficient and competitive automated teller machine market.                                                        
07    * Sec. 2.  AS 06.05 is amended by adding a new section to article 4 to read:                                       
08  Sec. 06.05.427.  Surcharges for use of automated teller machines.  (a)  A                                           
09 bank may not impose a surcharge on a customer for the use of an automated teller                                        
10 machine in this state unless the automated teller machine is located in or attached to                                  
11 a staffed office of that bank with facilities for in-person transactions between                                        
12 employees of the bank and its customers.                                                                                
13  (b)  If a surcharge is imposed on a customer at an automated teller machine,                                          
14 the operator of that automated teller machine shall disclose to the customer                                            
01 electronically on the automated teller machine the total amount of the charge.  The                                     
02 disclosure shall be provided before the customer's entry of an amount, and the                                          
03 customer shall have an opportunity to cancel the transaction without incurring an                                       
04 obligation.                                                                                                             
05  (c)  For purposes of this section and notwithstanding AS 06.05.540(1),                                                
06   (1)  "automated teller machine" means an electronic information                                                      
07 processing device that accepts or dispenses cash in connection with a credit, deposit,                                  
08 or convenience account, but does not include a device used primarily to facilitate                                      
09 check guarantees or check authorizations, used in connection with the acceptance or                                     
10 dispensing of cash on a person-to-person basis such as by store cashier, or used for                                    
11 payment of goods and services;                                                                                          
12   (2)  "surcharge" means a fee directly imposed on a customer by the                                                   
13 owner or operator of an automated teller machine if the fee does not relate to or affect                                
14 an account held by the customer with the owner or operator of the automated teller                                      
15 machine.