ATM legislative review

New Hampshire H.B. 601 — NATM Licensing

Sponsor: Representative Eric Schleien (R)

Summary: Repeals the provision in existing law that requires operators of cash dispensing machines to notify the Banking Commission of the operation of the machine at least 15 business days prior to the activation date of such machine. Repeals the provision requiring that a fee of $50 be paid to the state along with the notice of activation.

Status: Introduced; referred to House Commerce and Consumer Affairs 1/8/2015.

Outlook: This sponsor had previously filed a Legislative Service Request for this bill in the form of L.S.R. 373. That request has been fulfilled and this measure now has full text and has been assigned a bill number.

Due to a delay in reporting by the Legislature, this measure was introduced January 8, but bill text was only recently released.

The sponsor is a member of the majority party who does not sit on the committee of referral. This measure has gained the support of several cosponsors. The Republican Party controls the House and the Senate while the Democratic Party controls the Governor’s Office.


New York A.B. 3275 — Surcharges

Sponsor: Assembly member Steven Englebright (D)

Summary: Provides that all banking institutions which own, use or lease automatic teller machine facilities located on property owned by the State University of New York or the City University of New York shall be prohibited from charging surcharge fees at such automatic teller machines.

Defines ‘banking institution’ as a bank, trust company, savings bank, savings and loan association, licensed foreign bank or credit union.

Status: Introduced; referred to Assembly Banks Committee 1/23/2015.

Outlook: The sponsor is a member of the majority party. This measure was introduced during the 2013-2014 legislative session as A.B. 461 but it failed to advance out of committee. The Republican Party controls the Senate while the Democratic Party controls the Assembly and the Governor’s Office.


New York A.B. 4508 — ATM User Security

Sponsor: Assembly member Barbara Clark (D)

Summary: Provides that an automated teller machine operator shall ensure that any automated teller machine located on such operator’s premises is equipped with a global positioning system and displays a sticker indicating that such machine is equipped with a global positioning system.

Bill text not yet available.

Status: Introduced; referred to Assembly Banks Committee 2/3/2015.

Outlook: The sponsor is a member of the majority party and does not sit on the committee of referral. This measure was introduced during the 2013-2014 legislative session as A.B. 5941 but it failed to advance out of the committee of referral. The Republican Party controls the Senate while the Democratic Party controls the Assembly and the Governor’s Office.


Virginia H.B. 1629 — ATM Licensing

Sponsor: Delegate Kathy Byron (R)

Summary: Current version (1/20/2015): Excludes any automated teller machine, cash-dispensing machine, or similar electronic or computer terminal from the definition of a credit union’s service facility. Provides that a bank may establish and operate automated teller machines at which deposits are received or recorded and loan proceeds are disbursed and that provide for electronic fund transfers by the bank’s customers, provided the bank complies with the Electronic Fund Transfer Act.

Status: Prefiled; referred to Committee on Commerce and Labor 1/8/2015. Introduced 1/14/2015. Hearing held; substituted; passed committee 1/20/2015. Passed House 1/26/2015.

Outlook: This measure passed the House by a unanimous vote and awaits transmittal to the Senate for consideration.

Similar legislation was introduced as S.B. 875 by Senator John Cosgrove (R).

The sponsor is a member of the majority party. The Republican Party controls both chambers of the Legislature, while the Governor is a member of the Democratic Party.


Virginia S.B. 875 — ATM Licensing

Sponsor: Senator John Cosgrove (R)

Summary: Current version (1/26/2015): Excludes any automated teller machine, cash-dispensing machine, or similar electronic or computer terminal from the definition of a credit union’s service facility.

Status: Prefiled; referred to Committee on Commerce and Labor 1/7/2015. Introduced 1/14/2015. Hearing held; substituted; passed committee 1/26/2015. Passed Senate 1/30/2015. Referred to Committee on Commerce and Labor 2/6/2015. Hearing scheduled 2/10/2015.

Outlook: The hearing will be open to the public and public testimony will be accepted.

This measure passed the Senate by a unanimous vote.

During the 2013 elections the sponsor was endorsed by the Virginia Credit Union League.

The sponsor is a member of the majority party. The Republican Party controls both chambers of the Legislature, while the Governor is a member of the Democratic Party.


WASHINGTON S.B. 5611 — Overdrafts

Sponsor: Senator Don Benton (R)

Summary: Prohibits a financial institution from charging a continuous overdraft fee beyond the initial overdraft fee or fees charged when the depositor exceeded the available balance of the account.

Status: Introduced; referred to Financial Institutions and Insurance Committee 1/26/2015. Hearing scheduled 2/12/2015.

Outlook: Testimony will be accepted from the general public. A vote is not likely to occur during this hearing.

The sponsor is a member of the majority party and is the Chair of the committee of referral. This measure has minority party co-sponsorship and companion legislation has yet to be introduced in the House.

Republicans control the Senate, while the House is controlled by Democrats and Governor Jay Inslee is a Democrat.

 

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