Amendment SSA2-SB325

LRBs0294/1

RJM:kmg:kjf

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1999 SENATE BILL 325

February 8, 2000 - Offered by Senators Lazich, Darling, Drzewiecki, Rude, Farrow, Panzer, Huelsman and Zien.

SB325-SSA2,1,8 An Act to repeal 186.113 (15) (b), 214.01 (1) (sm), 215.13 (46) (a) 2. and 221.0303 (1); to amend 186.11 (4) (b) 1., 186.113 (1), 186.113 (15) (a), 186.113 (15) (c) to (e), 214.01 (1) (d), 214.01 (1) (q), 214.04 (21), 214.49 (9m), 215.13 (26) (em), 215.13 (46) (a) 1., 215.13 (46) (a) 3. to 5., 215.26 (5), 221.0303 (2), 221.0303 (3) and (4), chapter 224 (title) and subchapter II (title) of chapter 224 [precedes 224.25]; to repeal and recreate 215.13 (46) (title) and 221.0303 (title); and to create 186.01 (1m), 214.01 (1) (am), 215.01 (1m), 221.0102 (2m) and 224.55 of the statutes; relating to: automated teller machine fees.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB325-SSA2, s. 1 Section 1. 186.01 (1m) of the statutes is created to read:

SB325-SSA2,1,11 186.01 (1m) "Automated teller machine" has the meaning given in s. 224.55 (1) (a).

SB325-SSA2, s. 2 Section 2. 186.11 (4) (b) 1. of the statutes is amended to read:

SB325-SSA2,2,6 186.11 (4) (b) 1. Credit union operations services, including service centers, credit and debit card services, automated teller and remote terminal machine services, accounting systems, data processing, management training and support, payment item processing, record retention and storage, locator services, research, debt collection, credit analysis and loan servicing, coin and currency services and marketing and advertising services.

SB325-SSA2, s. 3 Section 3. 186.113 (1) of the statutes is amended to read:

SB325-SSA2,2,13 186.113 (1) Branch offices. If the need and necessity exist and with the approval of the office of credit unions, establish branch offices inside this state or no more than 25 miles outside of this state. Permanent records may be maintained at branch offices established under this subsection. In this subsection, the term "branch office" does not include a remote terminal an automated teller machine, a limited services office or a service center.

SB325-SSA2, s. 4 Section 4. 186.113 (15) (a) of the statutes is amended to read:

SB325-SSA2,3,9 186.113 (15) (a) Directly In accordance with rules established by the office of credit unions, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its offices, remote terminals, in accordance with rules established by the office of credit unions automated teller machines. The rules shall provide that any remote terminal automated teller machine shall be available for use, on a nondiscriminatory basis, by any state or federal credit union which has its principal place of business in this state, by any other credit union obtaining the consent of a state or federal credit union which has its principal place of business in this state and is using the terminal automated teller machine and by all members designated by a credit union using the terminal automated teller machine. This subsection does not authorize a credit union which has its principal place of business outside the state to conduct business as a credit union in this state. The remote terminals automated teller machines also shall be available for use, on a nondiscriminatory basis, by any state or national bank, state or federal savings bank or state or federal savings and loan association, whose home office is located in this state, if the bank, savings bank or savings and loan association requests to share its use, subject to the joint rules established under s. 221.0303 (2). The office of credit unions by order may authorize the installation and operation of a remote terminal an automated teller machine in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

SB325-SSA2, s. 5 Section 5. 186.113 (15) (b) of the statutes is repealed.

SB325-SSA2, s. 6 Section 6. 186.113 (15) (c) to (e) of the statutes are amended to read:

SB325-SSA2,3,20 186.113 (15) (c) If any person primarily engaged in the retail sale of goods or services owns or operates a remote terminal an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers, nothing in this subsection or in rules established by the office of credit unions shall, or shall be construed or interpreted to, require such person to accept any connection to or use of the unit automated teller machine on its premises for any other purpose or function or to accept any connection to the unit automated teller machine on its premises by any other financial institution.

SB325-SSA2,4,3 (d) If a person primarily engaged in the retail sale of goods or services owns or operates a remote terminal an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers for any purpose or function, no laws governing such institutions or rules established by the office of credit unions shall apply to such person other than except as provided in s. 224.55 and except for those laws or rules that are directly related to the particular function performed by the unit automated teller machine on such person's premises for a financial institution.

SB325-SSA2,4,9 (e) Information transmitted from a remote terminal,either an automated teller machine, identified as to either particular transactions or aggregate information, shall only be used for purposes of effecting the financial transactions for which such information was received, for any other purpose lawfully authorized by contract, or for any other purpose permitted by statute and rules pertaining to the dissemination and disclosure of such information.

SB325-SSA2, s. 7 Section 7. 214.01 (1) (am) of the statutes is created to read:

SB325-SSA2,4,12 214.01 (1) (am) "Automated teller machine" has the meaning given in s. 224.55 (1) (a).

SB325-SSA2, s. 8 Section 8. 214.01 (1) (d) of the statutes is amended to read:

SB325-SSA2,4,17 214.01 (1) (d) "Branch office" means a place of business, other than the home office, where the business of the savings bank is conducted. "Branch office" does not include a remote service unit an automated teller machine, a limited office or an extended office.

SB325-SSA2, s. 9 Section 9. 214.01 (1) (q) of the statutes is amended to read:

SB325-SSA2,4,21 214.01 (1) (q) "Limited office" means a place of business at which a savings bank provides lending and other services, but at which a savings bank may not accept deposits except through a remote service unit an automated teller machine.

SB325-SSA2, s. 10 Section 10. 214.01 (1) (sm) of the statutes is repealed.

SB325-SSA2, s. 11 Section 11. 214.04 (21) of the statutes is amended to read:

SB325-SSA2,5,3 214.04 (21) (a) Directly In accordance with rules established by the division, directly or indirectly, to acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its home office and branch offices, remote service units, in accordance with rules established by the division automated teller machines.

SB325-SSA2,5,20 (b) The rules of the division shall provide that any remote service unit automated teller machine shall be available for use, on a nondiscriminatory basis, by any state or federal savings bank which has its principal place of business in this state, by any other state or federal savings bank obtaining the consent of a state or federal savings bank that has its principal place of business in this state and is using the terminal automated teller machine and by all customers designated by a savings bank using the unit automated teller machine. This paragraph does not authorize a savings bank which has its principal place of business outside this state to conduct business as a savings bank in this state. A remote service unit An automated teller machine shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings and loan association, whose home office is located in this state, if the credit union, bank or savings and loan association requests to share its use, subject to joint rules established by the division of banking, the office of credit unions and the division. The division by order may authorize the installation and operation of a remote service unit an automated teller machine in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

SB325-SSA2,6,3 (c) If any person primarily engaged in the retail sale of goods or services owns or operates a remote service unit an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers, nothing in this paragraph or in rules established by the division shall require such person to accept any connection to or use of the unit automated teller machine on its premises for any other purpose or function or to accept any connection to the unit automated teller machine on its premises by any other financial institution.

SB325-SSA2,6,12 (d) If a person primarily engaged in the retail sale of goods or services owns or operates a remote service unit an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers for any purpose or function, laws governing such institutions or rules established by the division shall not apply to such person other than except as provided in s. 224.55 and except for those laws or rules that are directly related to the particular function performed by the unit automated teller machine on such person's premises for a financial institution.

SB325-SSA2,6,18 (e) Information transmitted from a remote service unit, either an automated teller machine, identified as to either particular transactions or aggregate information, shall only be used for purposes of effecting the financial transactions for which such information was received, for any other purpose lawfully authorized by contract, or for any other purpose permitted by statute and rules pertaining to the dissemination and disclosure of such information.

SB325-SSA2, s. 12 Section 12. 214.49 (9m) of the statutes is amended to read:

SB325-SSA2,6,22 214.49 (9m) In shares of stock, whether purchased or otherwise acquired, in a corporation acquiring, placing and operating remote service units automated teller machines under s. 214.04 (21).

SB325-SSA2, s. 13 Section 13. 215.01 (1m) of the statutes is created to read:

SB325-SSA2,6,25 215.01 (1m) "Automated teller machine" has the meaning given in s. 224.55 (1) (a).

SB325-SSA2, s. 14 Section 14. 215.13 (26) (em) of the statutes is amended to read:

SB325-SSA2,7,4 215.13 (26) (em) Shares of stock, whether purchased or otherwise acquired, in a corporation acquiring, placing and operating remote service units automated teller machines under sub. (46).

SB325-SSA2, s. 15 Section 15. 215.13 (46) (title) of the statutes is repealed and recreated to read:

SB325-SSA2,7,6 215.13 (46) (title) Automated teller machines.

SB325-SSA2, s. 16 Section 16. 215.13 (46) (a) 1. of the statutes is amended to read:

SB325-SSA2,8,5 215.13 (46) (a) 1. Directly In accordance with rules established by the division, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its home or branch offices, remote service units, in accordance with rules established by the division. Remote service units automated teller machines. Automated teller machines established in accordance with such rules are not subject to sub. (36), (39), (40) or (47) or s. 215.03 (8). The rules of the division shall provide that any such remote service unit automated teller machine shall be available for use, on a nondiscriminatory basis, by any state or federal savings and loan association which has its principal place of business in this state, by any other savings and loan association obtaining the consent of a state or federal savings and loan association which has its principal place of business in this state and is using the terminal automated teller machine and by all customers designated by a savings and loan association using the unit automated teller machine. This paragraph does not authorize a savings and loan association which has its principal place of business outside this state to conduct business as a savings and loan association in this state. The remote service units automated teller machines also shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings bank, whose home office is located in this state, if the credit union, bank or savings bank requests to share its use, subject to the joint rules established under s. 221.0303 (2). The division by order may authorize the installation and operation of a remote service unit an automated teller machine in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

SB325-SSA2, s. 17 Section 17. 215.13 (46) (a) 2. of the statutes is repealed.

SB325-SSA2, s. 18 Section 18. 215.13 (46) (a) 3. to 5. of the statutes are amended to read:

SB325-SSA2,8,16 215.13 (46) (a) 3. If any person primarily engaged in the retail sale of goods or services owns or operates a remote service unit an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers, nothing in this paragraph or in rules established by the division shall, or shall be construed or interpreted to, require such person to accept any connection to or use of the unit automated teller machine on its premises for any other purpose or function or to accept any connection to the unit automated teller machine on its premises by any other financial institution.

SB325-SSA2,8,25 4. If a person primarily engaged in the retail sale of goods or services owns or operates a remote service unit an automated teller machine on such person's premises and allows access to the unit automated teller machine by any financial institution, group of financial institutions or their customers for any purpose or function, no laws governing such institutions or rules established by the division shall apply to such person other than except as provided in s. 224.55 and except for those laws or rules that are directly related to the particular function performed by the unit automated teller machine on such person's premises for a financial institution.

SB325-SSA2,9,6 5. Information transmitted from a remote service unit, either an automated teller machine, identified as to either particular transactions or aggregate information, shall only be used for purposes of effecting the financial transactions for which such information was received, for any other purpose lawfully authorized by contract, or for any other purpose permitted by statute and rules pertaining to the dissemination and disclosure of such information.

SB325-SSA2, s. 19 Section 19. 215.26 (5) of the statutes is amended to read:

SB325-SSA2,9,13 215.26 (5) Legal holidays. The division shall designate such of the legal holidays listed in s. 895.20 as days on which no association may transact business or be open for the purpose of transacting business. For purposes of this subsection, operation of a remote service unit as defined in an automated teller machine under s. 215.13 (46) (a) 1. or an unstaffed facility does not constitute the transaction of business.

SB325-SSA2, s. 20 Section 20. 221.0102 (2m) of the statutes is created to read: