Amendment SSA2-SB325

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SB325-SSA2, s. 15 Section 15. 215.13 (46) (title) of the statutes is repealed and recreated to read: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

SB325-SSA2,9,16 221.0102 (2m) "Automated teller machine" has the meaning given in s. 224.55 (1) (a).

SB325-SSA2, s. 21 Section 21. 221.0303 (title) of the statutes is repealed and recreated to read:

SB325-SSA2,9,18 221.0303 (title) Automated teller machines.

SB325-SSA2, s. 22 Section 22. 221.0303 (1) of the statutes is repealed.

SB325-SSA2, s. 23 Section 23. 221.0303 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB325-SSA2,9,25 221.0303 (2) Operation and acquisition of customer bank communications terminals automated teller machines. A In accordance with rules established by the division, a bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division automated teller machines. The rules of the division of banking shall provide that any such customer bank communications terminal automated teller machine shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal automated teller machine. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals automated teller machines also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings institutions. The division of banking by order may authorize the installation and operation of a customer bank communications 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. 24 Section 24. 221.0303 (3) and (4) of the statutes are amended to read:

SB325-SSA2,10,23 221.0303 (3) Terminals Automated teller machines owned or operated by retailers. If a person who is primarily engaged in the retail sale of goods or services owns or operates a customer bank communications terminal an automated teller machine on the person's premises and allows access to the terminal automated teller machine by any financial institution, group of financial institutions, or their customers for any purpose or function, then all of the following apply:

SB325-SSA2,11,2 (a) The division may not require the person to accept any connection to or use of the customer bank communications terminal automated teller machine on its premises for any other purpose or function, or to accept any connection to the terminal automated teller machine on its premises by any other financial institution.

SB325-SSA2,11,6 (b) This chapter, and the rules promulgated by the division, do not apply to the person, except as provided in s. 224.55 and except for laws or rules that are directly related to the particular function performed by the terminal automated teller machine on such person's premises for a financial institution.

SB325-SSA2,11,13 (4) Use of transmitted information. Information transmitted from a customer bank communications terminal, either an automated teller machine, identified as to either particular transactions or aggregate information, may be used only for purposes of effecting the financial transactions for which the information was received, for any other purpose lawfully authorized by contract or for any other purpose permitted by statute or rules pertaining to the dissemination and disclosure of such information.

SB325-SSA2, s. 25 Section 25. Chapter 224 (title) of the statutes is amended to read:

SB325-SSA2,11,15 CHAPTER 224

SB325-SSA2,11,18 Miscellaneous Banking, Financial Services and financial Institutions provisions

SB325-SSA2, s. 26 Section 26. Subchapter II (title) of chapter 224 [precedes 224.25] of the statutes is amended to read:

SB325-SSA2,11,21 chapter 224

SB325-SSA2,11,24 Subchapter II financial SERVICES AND institutions

SB325-SSA2, s. 27 Section 27. 224.55 of the statutes is created to read:

SB325-SSA2,12,1 224.55 Automated teller machines. (1) Definitions. In this section:

SB325-SSA2,12,14 (a) "Automated teller machine" means a terminal or other facility or installation, attended or unattended, that is not located at the principal place of business or home office of a financial institution or at a branch office, subsidiary office, other office or remote facility of a financial institution and through which persons and financial institutions may engage, by means of either the direct transmission of electronic impulses to and from a financial institution or the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution, in transactions that are incidental to the conduct of the business of financial institutions and that are otherwise permitted by law. "Automated teller machine" also includes all equipment, regardless of location, that is interconnected with an automated teller machine and that is necessary to transmit, route and process electronic impulses in order to enable the automated teller machine to perform any function for which it is designed.

SB325-SSA2,12,18 (b) "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including banks and trust companies, savings banks, savings and loan associations, building and loan associations and credit unions.

SB325-SSA2,12,25 (2) Disclosure of automated teller machine fees. An automated teller machine operator shall disclose the amount of any charge imposed by the automated teller machine operator upon a person for making a transaction at an automated teller machine. This disclosure shall be made by posting a statement on the screen of the automated teller machine and shall be made in a manner that permits the person, in response to the disclosure, to discontinue the transaction without incurring a charge.

SB325-SSA2,13,4 (3) Administration and enforcement. (a) Division of banking. The division of banking shall administer and enforce this section with regard to the activities of any person other than a credit union, savings bank, savings and loan association or building and loan association.

SB325-SSA2,13,6 (b) Office of credit unions. The office of credit unions shall administer and enforce this section with regard to the activities of a credit union.

SB325-SSA2,13,9 (c) Division of savings institutions. The division of savings institutions shall administer and enforce this section with regard to the activities of a savings bank, savings and loan association or building and loan association.

SB325-SSA2,13,10 (End)