§ 75-B — Definitions

§ 75-b. Definitions. For purposes of this article, the following terms\nshall have the following meanings:\n 1. "Access device" means a card, code, or other means of access to a\nconsumer's account, or any combination thereof, that may be used by the\nconsumer for the purpose of initiating electronic fund transfers.\n 2. "Automated teller machine" means a device which is linked to the\naccounts and records of a banking institution and which enables\nconsumers to carry out banking transactions, including, but not limited\nto, account transfers, deposits, cash withdrawals, balance inquiries,\nand loan payments.\n 3. "Automated teller machine facility" means an area within the\ndominion and control of a banking institution comprised of one or more\nautomated teller machines and any adjacent space which is made available\nto banking customers after regular banking hours.\n 4. "Adequate lighting" means (a) with respect to an automated teller\nmachine facility located within the interior of a building, lighting, on\na twenty-four hour basis, which permits a person entering such facility\nto readily and easily see all persons occupying such facility, and which\npermits a person inside such facility to readily and easily see all\npersons at the entry door of such facility.\n (b) with respect to an open and operating automated teller machine\nfacility open to the outdoor air, and any defined parking area, lighting\nduring nighttime hours according to the following standards:\n (i) a minimum illuminance of five footcandles is maintained on a\nhorizontal plane at a point five feet outward from and five feet above\nthe ground surface from the automated teller machine;\n (ii) a minimum illuminance of two footcandles is maintained on a\nhorizontal plane at a point thirty feet in all unobstructed directions\nfrom the automated teller machine, measured at ground level; and\n (iii) at sixty feet in all unobstructed directions from the automated\nteller machine, a minimum illuminance of one footcandle is maintained,\nmeasured on a vertical plane at five feet above ground level, with the\nnormal to the plane of measurement aimed at a light source; or\n (iv) with respect to an automated teller machine facility that is not\nin accordance with the standards set forth in either subparagraph (ii)\nor (iii) of this paragraph, or both such subparagraphs, a minimum\nilluminance of two footcandles is maintained, measured on a horizontal\nplane at five feet above ground level, at fifty feet in all unobstructed\ndirections from the automated teller machine.\n (c) with respect to an open and operating automated teller machine\nfacility located within the interior of a building, which facility\nincludes a defined parking area: (i) a minimum illuminance of two\nfootcandles is maintained on a horizontal plane at a point thirty feet\nin all unobstructed directions from the entrance to the automated teller\nmachine facility, measured at ground level; and (ii) at sixty feet in\nall unobstructed directions from the entrance to the automated teller\nmachine facility, a minimum illuminance of one footcandle is maintained,\nmeasured on a vertical plane at five feet above ground level, with the\nnormal to the plane of measurement aimed at a light source; or (iii)\nwith respect to an automated teller machine facility that is not in\naccordance with the standards set forth in either subparagraph (i) or\n(ii) of this paragraph, or both such subparagraphs, a minimum\nilluminance of two footcandles is maintained, measured on a horizontal\nplane at five feet above ground level, at a point sixty feet in all\nunobstructed directions from the entrance to the automated teller\nmachine facility.\n 5. "Banking institution" means any state or federally chartered bank,\ntrust company, savings bank, savings and loan association, or credit\nunion, whether headquartered within or outside of the state, that\noperates one or more automated teller machine facilities within the\nstate.\n 6. "Footcandles" means the unit of illuminance equal to one lumen per\nsquare foot.\n 7. "Regular banking hours" means the time at which an office of a\nbanking institution is open to the banking public for normal transaction\nof business.\n 8. "Nighttime hours" means the period of time beginning thirty minutes\nafter sunset and ending thirty minutes before sunrise.\n 9. (a) "Defined parking area" means that portion of any parking area\nopen for and accessible to customers of a banking institution which is:\n (1) contiguous to any paved walkway or sidewalk within fifty feet of\nan automated teller machine facility;\n (2) regularly, principally and lawfully used for parking by users of\nthe automated teller machine facility while conducting transactions at\nsuch automated teller machine facility; and\n (3) owned or leased by the operator of the automated teller machine\nfacility, or owned or otherwise controlled by the party leasing the\nautomated teller machine facility site to the banking institution.\n (b) The term "defined parking area" does not include any parking area\nwhich is not open or regularly used for parking by the users of the\nautomated teller machine facility or the conduct of transactions during\nnighttime hours. For this purpose, the parking area is not open if it is\nphysically closed to access or if conspicuous signs indicate that it is\nclosed.\n