(a) A depository bank may own and operate automated teller machines in any location within or without the state. An automated teller machine is not a branch. A depository bank is not required to file a notice or application with the commissioner to establish, own or operate an automated teller machine. No fee shall be charged by a depository bank for the use of an automated teller machine unless the amount of the fee is disclosed clearly and conspicuously: (1) On a sign posted on the automated teller machine or in clear view of a customer while using the automated teller machine; or (2) Electronically during the course of the transaction in a manner that permits the user to cancel the transaction without incurring the fee. (b) The depository bank shall not be required to include in a disclosure under subsection (a) any fee that any company may charge the user under separate agreement with the user for engaging in such transaction. (c) This section shall apply to automated teller machines owned or operated by foreign banks in this state. (d) For the purposes of this section, "automated teller machine" means any terminal, machine, or device that dispenses cash or its equivalent to a user or enables a user to engage in any electronic financial transaction involving an account of the user at any depository bank.
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