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2013 Nebraska Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagne2013 and id is 1 raw text is: offire JON BRUNING ATTORNEY GENERAL STATE OF NEBRASKA of the Attornrp tneral 2115 STATE CAPITOL BUILDING LINCOLN, NE 68509-8920 (402) 471-2682 TDD (402) 471-2682 FAX (402) 471-3297 or (402) 471-4725 G'-o~ I SUBJECT: REQUESTED BY: WRITTEN BY: Neb. Rev. Stat. § 8-157.01; Non-discriminatory Operation Of And Fees For Switches Used By Automatic Teller Machines And Other Equipment To Transmit Electronic Information For Financial Institutions In Nebraska. John Munn, Director Nebraska Department of Banking and Finance Jon Bruning, Attorney General Dale A. Comer, Assistant Attorney General Neb. Rev. Stat. § 8-157.01 (2012) creates standards and rules for automatic teller machines (ATMs), point-of-sale (POS) terminals, and other electronic transmissions by financial institutions in the State of Nebraska. Those electronic transmissions are accomplished through the use of switches, and a switch is defined, under Neb. Rev. Stat. § 8-101 (14) (2012), as any facility where electronic impulses or other indicia of a transaction originating at an automatic teller machine or point-of-sale terminal are received and are routed and transmitted to a financial institution, data processing center, or other switch, wherever located. Section 8-101(14) also provides that a switch may be a data processing center. Section 8-157.01 requires the Department of Banking and Finance (the Department) to approve the operation of any switch, and further requires that switches provide non-discriminatory access, operation and charges to financial institutions in the state. Issues have now arisen regarding the application of § 8-157.01 and its requirements for switches. As a result, you have requested our opinion with respect to several questions which are addressed below. Printed wth soy ink on recycied paper