(a) A depository bank may own and operate automated teller machines in any location within or without the state. An automated teller machine is not a branch. A depository bank is not required to file a notice or application with the commissioner to establish, own or operate an automated teller machine. No fee shall be charged by a depository bank for the use of an automated teller machine unless the amount of the fee is disclosed clearly and conspicuously:
- (1) On a sign posted on the automated teller machine or in clear view of a customer while using the automated teller machine; or
- (2) Electronically during the course of the transaction in a manner that permits the user to cancel the transaction without incurring the fee.
- (b) The depository bank shall not be required to include in a disclosure under subsection (a) any fee that any company may charge the user under separate agreement with the user for engaging in such transaction.
- (c) This section shall apply to automated teller machines owned or operated by foreign banks in this state.
- (d) For the purposes of this section, "automated teller machine" means any terminal, machine, or device that dispenses cash or its equivalent to a user or enables a user to engage in any electronic financial transaction involving an account of the user at any depository bank.
Source. 2015, 272:16, eff. Oct. 1, 2015.