RJM:wlj:jf
2001 - 2002 LEGISLATURE
February 15, 2001 - Introduced by Representatives J. Lehman, Black, Young,
Colon, Pocan, Cullen, Miller, Williams, Berceau, Morris-Tatum
and Boyle,
cosponsored by Senators Hansen and Robson. Referred to Committee on
Financial Institutions.
AB128,1,3 1An Act to amend 186.113 (15) (a), 214.04 (21) (b), 215.13 (46) (a) 1. and 221.0303
2(2) of the statutes; relating to: automatic teller machine fees and requiring the
3exercise of rule making-authority.
Analysis by the Legislative Reference Bureau
Under current law, banks, credit unions, savings banks, and savings and loan
associations (financial institutions) are authorized to operate customer bank
communications terminals, remote service units, or remote terminals, commonly
referred to as automatic teller machines (ATMs). Financial institutions are required
to make their ATMs available for use, on a nondiscriminatory basis, upon request by
another financial institution or by customers designated by a financial institution
using the terminal, subject to joint rules established by the division of savings and
loan, the division of banking, and the office of credit unions in the department of
financial institutions.
This bill requires these joint rules to prohibit a state, national, or federal
financial institution from charging a person a fee for a transaction using an ATM,
unless the transaction relates to or affects an account held by that person with that
financial institution.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB128, s. 1
1Section 1. 186.113 (15) (a) of the statutes is amended to read:
AB128,2,222 186.113 (15) (a) Directly or indirectly, acquire, place, and operate, or
3participate in the acquisition, placement, and operation of, at locations other than
4its offices, remote terminals, in accordance with rules established by the office of
5credit unions. The rules shall provide that any remote terminal shall be available
6for use, on a nondiscriminatory basis, by any state or federal credit union which that
7has its principal place of business in this state, by any other credit union obtaining
8the consent of a state or federal credit union which that has its principal place of
9business in this state and is using the terminal and by all members designated by
10a credit union using the terminal. This subsection paragraph does not authorize a
11credit union which that has its principal place of business outside the state to conduct
12business as a credit union in this state. The remote terminals also shall be available
13for use, on a nondiscriminatory basis, by any state or national bank, state or federal
14savings bank, or state or federal savings and loan association, whose home office is
15located in this state, if the bank, savings bank, or savings and loan association
16requests to share its use, subject to the joint rules established under s. 221.0303 (2).
17The joint rules under s. 221.0303 (2) shall prohibit a state or federal credit union from
18imposing a charge on a person for making a transaction at a remote terminal, unless
19the transaction relates to an account owned by the person and held by the state or
20federal credit union imposing the charge.
The office of credit unions by order may
21authorize the installation and operation of a remote terminal in a mobile facility,
22after notice and hearing upon the proposed service stops of the mobile facility.
AB128, s. 2 23Section 2. 214.04 (21) (b) of the statutes is amended to read:
AB128,3,1724 214.04 (21) (b) The rules of the division shall provide that any remote service
25unit shall be available for use, on a nondiscriminatory basis, by any state or federal

1savings bank which that has its principal place of business in this state, by any other
2state or federal savings bank obtaining the consent of a state or federal savings bank
3that has its principal place of business in this state and is using the terminal and by
4all customers designated by a savings bank using the unit. This paragraph does not
5authorize a savings bank which that has its principal place of business outside this
6state to conduct business as a savings bank in this state. A remote service unit shall
7be available for use, on a nondiscriminatory basis, by any credit union, state or
8national bank, or state or federal savings and loan association, whose home office is
9located in this state, if the credit union, bank, or savings and loan association
10requests to share its use, subject to joint rules established by the division of banking,
11the office of credit unions and the division
under s. 221.0303 (2). The joint rules
12under s. 221.0303 (2) shall prohibit a state or federal savings bank from imposing a
13charge on a person for making a transaction at a remote service unit, unless the
14transaction relates to an account owned by the person and held by the state or federal
15savings bank imposing the charge
. The division by order may authorize the
16installation and operation of a remote service unit in a mobile facility, after notice
17and hearing upon the proposed service stops of the mobile facility.
AB128, s. 3 18Section 3. 215.13 (46) (a) 1. of the statutes is amended to read:
AB128,4,1719 215.13 (46) (a) 1. Directly or indirectly, acquire, place, and operate, or
20participate in the acquisition, placement, and operation of, at locations other than
21its home or branch offices, remote service units, in accordance with rules established
22by the division. Remote service units established in accordance with such rules are
23not subject to sub. (36), (39), (40), or (47) or s. 215.03 (8). The rules of the division
24shall provide that any such remote service unit shall be available for use, on a
25nondiscriminatory basis, by any state or federal savings and loan association which

1that has its principal place of business in this state, by any other savings and loan
2association obtaining the consent of a state or federal savings and loan association
3which that has its principal place of business in this state and is using the terminal
4and by all customers designated by a savings and loan association using the unit.
5This paragraph subdivision does not authorize a savings and loan association which
6that has its principal place of business outside this state to conduct business as a
7savings and loan association in this state. The remote service units also shall be
8available for use, on a nondiscriminatory basis, by any credit union, state or national
9bank, or state or federal savings bank, whose home office is located in this state, if
10the credit union, bank, or savings bank requests to share its use, subject to the joint
11rules established under s. 221.0303 (2). The joint rules under s. 221.0303 (2) shall
12prohibit a state or federal savings and loan association from imposing a charge on
13a person for making a transaction at a remote service unit, unless the transaction
14relates to an account owned by the person and held by the state or federal savings
15and loan association imposing the charge.
The division by order may authorize the
16installation and operation of a remote service unit in a mobile facility, after notice
17and hearing upon the proposed service stops of the mobile facility.
AB128, s. 4 18Section 4. 221.0303 (2) of the statutes is amended to read:
AB128,5,1419 221.0303 (2) Operation and acquisition of customer bank communications
20terminals.
A bank may, directly or indirectly, acquire, place , and operate, or
21participate in the acquisition, placement, and operation of, at locations other than
22its main or branch offices, customer bank communications terminals, in accordance
23with rules established by the division. The rules of the division shall provide that
24any such customer bank communications terminal shall be available for use, on a
25nondiscriminatory basis, by any state or national bank and by all customers

1designated by a bank using the terminal. This subsection does not authorize a bank
2which that has its principal place of business outside this state to conduct banking
3business in this state. The customer bank communications terminals also shall be
4available for use, on a nondiscriminatory basis, by any credit union, savings and loan
5association, or savings bank, if the credit union, savings and loan association, or
6savings bank requests to share its use, subject to rules jointly established by the
7division of banking, the office of credit unions, and the division of savings
8institutions. The joint rules shall prohibit a state or national bank from imposing
9a charge on a person for making a transaction at a customer bank communications
10terminal, unless the transaction relates to an account owned by the person and held
11by the state or national bank imposing the charge.
The division by order may
12authorize the installation and operation of a customer bank communications
13terminal in a mobile facility, after notice and hearing upon the proposed service stops
14of the mobile facility.
AB128, s. 5 15Section 5. Effective date.
AB128,5,1716 (1) This act takes effect on the first day of the 7th month beginning after
17publication.
AB128,5,1818 (End)
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