News

Nebraska lawmaker seeks changes to ATM licensing rules

Among other things, the bill provides that consumers will not be held liable for financial losses arising from ATM tampering or manipulation.

January 19, 2015

A bill submitted to the Nebraska legislature by state senator Bob Krist, an Independent, seeks to change the state's provisions for ATM licensing.

According to a Stateside Alert, the bill (L.B. 348 — ATM Licensing) before Nebraska lawmakers would establish the following:

[T]hat a group of two or more financial institutions, or a combination of a financial institution or financial institutions and a third party or parties, may contract for the operation of ATMs. Provides that every ATM must either provide or offer a receipt. Provides that no account holder shall be liable for any loss occurring as the result of any tampering or manipulation of an ATM unless such account holder performs or authorizes such tampering or manipulation.

Provides that no agreement to operate or share an ATM may prohibit, limit or restrict the right of an operator or owner of an ATM to charge a fee. Provides that nothing in this measure may be construed to prohibit, limit, or restrict the right of an operator or owner of an ATM from voluntarily entering into an agreement to participate in a surcharge fee network.

The bill, which has no cosponsors, was introduced last week before the unicameral Nebraska legislature and has been referred to the Banking, Commerce and Insurance Committee for preliminary consideration.