Here is an answer that I received on this question from the legal department of the AR State Bank Departmentin May of 2014:
There are provisions in the Arkansas Code, on Customer-Bank Communication Terminals, from A.C.A. §23-48-801 through A.C.A. §23-48-810. According to the latter section:
23-48-810. Sharing of communication terminals.
(a) (1) An agreement to share a customer-bank communication terminal, as defined by § 23-48-801, shall not prohibit, limit, or restrict the right of a bank from charging a customer-bank communication terminal usage fee.
(2) The usage fee:
(A) (i) Shall not exceed two dollars ($2.00) or two percent (2%) of the gross amount of the transaction, whichever is less.
(ii) However, an Arkansas state bank may charge the maximum usage fee at customer-bank communication terminals authorized by law in the state where the Arkansas state bank operates an out-of-state full-service branch and customer-bank communication terminals; and
(B) May be imposed only if imposition of the usage fee is disclosed at a time and in a manner that allows a user to terminate or cancel the transaction without incurring the usage fee.
(b) (1) For purposes of this section, "usage fee" is a fee charged by a customer-bank communication terminal owner on transactions by a holder of a foreign bank card.
(2) For purposes of this section, a "foreign bank card" is a card eligible for use in a customer-bank communication terminal, which card is not issued by the customer-bank communication terminal owner.
HISTORY: Acts 1997, No. 89, § 1; 2013, No. 153, § 1.
Here is a link to the Arkansas Code. You will find the banking statutes under Title 23.
http://www.lexisnexis.com/hottopics/arcode/Default.asp Also from the Bank Department:
I would add that "out-of-state" banks (Bank of America, etc.) are not bound by this limit and typically charge a higher amount. Most of the phone call we receive relate to this issue.
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