§243-A. Electronic terminals; fees for and records of transactions

1.  Fees for use of terminals.  A financial institution authorized to do business in this State or a credit union authorized to do business in this State that operates electronic terminals may charge fees for the use of the terminals as specified in this section.

A. A financial institution may charge a reasonable foreign transaction fee for the use of an electronic terminal if the fee is disclosed:

(1) On a sign posted on the electronic terminal or in clear view of a customer while viewing the electronic terminal; or

(2) Electronically during the course of the transaction in a manner that permits a customer to cancel the transaction without incurring the transaction fee.

For the purposes of this paragraph, "foreign transaction fee" means a fee charged for the use of an electronic terminal to a noncustomer of the financial institution that owns the electronic terminal.   [PL 1991, c. 680, §1 (NEW).]

B. A financial institution may charge its own customers a reasonable fee for the use of an electronic terminal.   [PL 1991, c. 680, §1 (NEW).]

[PL 1999, c. 218, §8 (AMD).]

2.  Records of terminal transactions.  For each transaction processed by an electronic terminal, except for a transaction involving a negotiable instrument that is its own receipt, the electronic terminal must make available to the customer at the time of the transaction a record of each transaction. The record must include:

A. The amount of the transaction. A fee for the transaction may be included in this amount if the electronic terminal is owned or operated by a financial institution other than the financial institution that holds the customer's account if the fee is disclosed on the record of the transaction and in accordance with subsection 1;   [PL 1991, c. 680, §1 (NEW).]

B. The date of the transaction;   [PL 1991, c. 680, §1 (NEW).]

C. The type of transaction and the type of account to which or from which money is transferred. Codes may be used for this purpose if they are explained on the record of the transaction;   [PL 1991, c. 680, §1 (NEW).]

D. A number or code that identifies the customer, the customer's account number or the device used to access the electronic terminal;   [PL 1991, c. 680, §1 (NEW).]

E. The location of the electronic terminal or a number or code identifying that location; and   [PL 1991, c. 680, §1 (NEW).]

F. The name of each 3rd party to whom or from whom money is transferred, if the name provided by the customer can be reproduced by the electronic terminal on the record of the transaction. A code may be used for this purpose only if it is explained on the record of the transaction.   [PL 1991, c. 680, §1 (NEW).]

[PL 1991, c. 680, §1 (NEW).]

3.  Agreement to share electronic terminals.  An agreement to share electronic terminals may not prohibit, limit or restrict the right of a financial institution authorized to do business in this State or a credit union authorized to do business in this State to charge a customer any fees allowed by state or federal law, or require a financial institution to limit or waive its rights or obligations under this section, except that a financial institution or credit union authorized to do business in this State may mutually agree with one or more other financial institutions or credit unions not to charge foreign transaction fees, as that term is defined in subsection 1, to the customers or members of those financial institutions or credit unions that are parties to the agreement.

[PL 1999, c. 218, §9 (AMD).]

SECTION HISTORY

PL 1991, c. 680, §1 (NEW). PL 1991, c. 853, §1 (AMD). RR 1997, c. 2, §36 (COR). PL 1999, c. 25, §1 (AMD). PL 1999, c. 218, §§8,9 (AMD).