PRINTER'S NO. 2604
No. 2002 Session of 1997
INTRODUCED BY COLAFELLA, DeWEESE, E. Z. TAYLOR, SCHRODER, TIGUE,
M. COHEN, LUCYK, LAUGHLIN, WOJNAROSKI, LaGROTTA, DALEY,
BELARDI, BATTISTO, MUNDY, BELFANTI, CORPORA, DeLUCA, WALKO,
SANTONI, ITKIN, CURRY, SCRIMENTI, CASORIO, MANDERINO, MELIO,
GANNON, JOSEPHS, STEELMAN, STABACK, BROWNE, SATHER, SHANER,
PLATTS, KIRKLAND, RAMOS, SEYFERT, PISTELLA, CAPPABIANCA AND
YOUNGBLOOD, NOVEMBER 25, 1997
REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
NOVEMBER 25, 1997
AN ACT
1 Amending the act of December 19, 1975 (P.L.604, No.173),
2 entitled "An act to facilitate the use of electronic funds
3 transfer systems by providing that credits to accounts in
4 financial institutions designated by recipients shall satisfy
5 legal requirements for payments by cash or checks," providing
6 for disclosure of automated teller machine surcharges.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of December 19, 1975 (P.L.604, No.173),
10 entitled "An act to facilitate the use of electronic funds
11 transfer systems by providing that credits to accounts in
12 financial institutions designated by recipients shall satisfy
13 legal requirements for payments by cash or checks," is amended
14 by adding a section to read:
15 Section 2.1. (a) No person, bank, credit union or other
16 financial institution operating an automated teller machine in
17 this Commonwealth shall impose any surcharge on a consumer for
1 the usage of that machine, regardless of whether the consumer
2 uses an access device issued by that person, bank, credit union
3 or other financial institution, unless the surcharge is clearly
4 disclosed to the consumer:
5 (i) by a sign that is clearly visible to the consumer and
6 conspicuously placed on or near the machine; and
7 (ii) electronically on one of the screens displayed on the
8 machine.
9 (b) Following presentation of the electronic disclosure
10 required by subsection (a)(ii), the consumer shall be given an
11 opportunity to cancel the transaction without incurring any
12 surcharge or other obligation.
13 (c) If a person, bank, credit union or other financial
14 institution permits the usage of an automated teller machine by
15 a consumer who uses an access device issued by another person or
16 institution, the person, bank, credit union or financial
17 institution operating the machine shall disclose to that
18 consumer, in the same manner set forth in subsection (a), that
19 the surcharge is in addition to any other fee that may be
20 charged to that consumer by the person or institution that
21 issued the access device.
22 (d) As used in this section, "surcharge" means any charge
23 imposed by the person, bank, credit union or other financial
24 institution operating the automated teller machine solely for
25 the use of or expense of maintaining the machine. The term shall
26 not include a point-of-sale purchase transaction at an automated
27 teller machine.
28 Section 2. This act shall take effect in 60 days.
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