BILL NUMBER: SB 389	CHAPTERED  09/22/05

	CHAPTER  256
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE SENATE  AUGUST 29, 2005
	PASSED THE ASSEMBLY  AUGUST 15, 2005
	AMENDED IN ASSEMBLY  JULY 11, 2005
	AMENDED IN ASSEMBLY  JUNE 27, 2005
	AMENDED IN ASSEMBLY  JUNE 14, 2005
	AMENDED IN SENATE  APRIL 19, 2005

INTRODUCED BY   Senator Morrow

                        FEBRUARY 17, 2005

   An act to add Section 13083 to the Financial Code, relating to
automated teller machines.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 389, Morrow  Automated teller machine fees.
   Existing law prohibits an operator of an automated teller machine
from imposing a surcharge upon a customer unless the surcharge is
disclosed to the customer.
   This bill would provide that an agreement to operate or share an
automated teller machine may not prohibit, limit, or restrict the
right of the operator or owner of the automated teller machine to
charge a customer conducting a transaction using an account from a
financial institution that is located outside the United States an
access fee or surcharge.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13083 is added to the Financial Code, to read:

   13083.  (a) Subject to the requirements of Section 13080, an
agreement to operate or share an automated teller machine may not
prohibit, limit, or restrict the right of the operator or owner of
the automated teller machine to charge a customer conducting a
transaction using an account from a financial institution that is
located outside the United States an access fee or surcharge not
otherwise prohibited under state or federal law.
   (b) Notwithstanding subdivision (a), nothing in this section shall
be construed to prohibit or otherwise limit the ability of an
operator or owner of an automated teller machine to voluntarily enter
into an agreement regarding participation in a surcharge free
network.
   (c) For purposes of this section, the terms "operator" and
"automated teller machine" have the meanings set forth in Section
13020.
   (d) For the purposes of this section, the term "owner" means any
entity that is not an operator under Section 13020, but that owns an
automated teller machine.