Bill Text: OR HB4007 | 2012 | Regular Session | Introduced

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Bill Title: Relating to automated teller machine fees; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4007 Detail]

Download: Oregon-2012-HB4007-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 196

                         House Bill 4007

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Agriculture
  and Natural Resources)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Permits owner or operator of automated teller machine to charge
fee for transaction conducted on automated teller machine to
person who used card or other method of access for account
located within or outside United States. Prohibits agreement that
prohibits owner or operator from charging fee or that restricts
or limits amount of fee.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to automated teller machine fees; amending ORS 714.205;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 714.205 is amended to read:
  714.205. (1) { + (a) + } If   { - the - }  { +  an owner or + }
operator of an ATM charges a fee to   { - any - }  { +  a + }
person to use the ATM, the operator shall disclose to
 { - persons using the ATM that a fee will be imposed - }  { +
the person that the operator will impose a fee + } for the ATM
transaction.
   { +  (b) An owner or operator of an ATM may charge a fee for a
transaction conducted on the ATM to a person who uses a card or
other method of access for an account that is located within or
outside the United States. Subject to applicable provisions of
federal law, an agreement between an owner or operator of an ATM
and a person that processes transactions to and from the ATM via
a network or other payment processing system may not prohibit the
owner or operator of the ATM from charging a fee or restrict or
limit the amount of a fee charged in accordance with this
paragraph. + }
  (2) Subject to subsection (3) of this section, the disclosure
required under subsection (1) { + (a) + } of this section
 { - shall - }  { +  must + } be made electronically during the
ATM transaction and   { - shall - }  { +  must + } allow the
person who will be charged a fee to cancel the ATM transaction
without incurring a fee. The disclosure   { - shall - }  { +
must + } also be printed on the ATM transaction receipt.
  (3) The Director of the Department of Consumer and Business
Services may adopt rules   { - conforming - }  { +  to

conform + } the   { - disclosure requirements of subsection
(2) - }  { +  requirements + } of this section to
  { - disclosure requirements contained in - } :
  (a)   { - Any - }  { +  A + } law enacted by the Congress of
the United States; or
  (b)   { - Any - }  { +  A + } regulation adopted by any federal
agency having regulatory authority over ATMs.
  SECTION 2.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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