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This entry was published on 2014-09-22
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SECTION 75-B
Definitions
Banking (BNK) CHAPTER 2, ARTICLE 2-AA
§ 75-b. Definitions. For purposes of this article, the following terms
shall have the following meanings:

1. "Access device" means a card, code, or other means of access to a
consumer's account, or any combination thereof, that may be used by the
consumer for the purpose of initiating electronic fund transfers.

2. "Automated teller machine" means a device which is linked to the
accounts and records of a banking institution and which enables
consumers to carry out banking transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries,
and loan payments.

3. "Automated teller machine facility" means an area within the
dominion and control of a banking institution comprised of one or more
automated teller machines and any adjacent space which is made available
to banking customers after regular banking hours.

4. "Adequate lighting" means (a) with respect to an automated teller
machine facility located within the interior of a building, lighting, on
a twenty-four hour basis, which permits a person entering such facility
to readily and easily see all persons occupying such facility, and which
permits a person inside such facility to readily and easily see all
persons at the entry door of such facility.

(b) with respect to an open and operating automated teller machine
facility open to the outdoor air, and any defined parking area, lighting
during nighttime hours according to the following standards:

(i) a minimum illuminance of five footcandles is maintained on a
horizontal plane at a point five feet outward from and five feet above
the ground surface from the automated teller machine;

(ii) a minimum illuminance of two footcandles is maintained on a
horizontal plane at a point thirty feet in all unobstructed directions
from the automated teller machine, measured at ground level; and

(iii) at sixty feet in all unobstructed directions from the automated
teller machine, a minimum illuminance of one footcandle is maintained,
measured on a vertical plane at five feet above ground level, with the
normal to the plane of measurement aimed at a light source; or

(iv) with respect to an automated teller machine facility that is not
in accordance with the standards set forth in either subparagraph (ii)
or (iii) of this paragraph, or both such subparagraphs, a minimum
illuminance of two footcandles is maintained, measured on a horizontal
plane at five feet above ground level, at fifty feet in all unobstructed
directions from the automated teller machine.

(c) with respect to an open and operating automated teller machine
facility located within the interior of a building, which facility
includes a defined parking area: (i) a minimum illuminance of two
footcandles is maintained on a horizontal plane at a point thirty feet
in all unobstructed directions from the entrance to the automated teller
machine facility, measured at ground level; and (ii) at sixty feet in
all unobstructed directions from the entrance to the automated teller
machine facility, a minimum illuminance of one footcandle is maintained,
measured on a vertical plane at five feet above ground level, with the
normal to the plane of measurement aimed at a light source; or (iii)
with respect to an automated teller machine facility that is not in
accordance with the standards set forth in either subparagraph (i) or
(ii) of this paragraph, or both such subparagraphs, a minimum
illuminance of two footcandles is maintained, measured on a horizontal
plane at five feet above ground level, at a point sixty feet in all
unobstructed directions from the entrance to the automated teller
machine facility.

5. "Banking institution" means any state or federally chartered bank,
trust company, savings bank, savings and loan association, or credit
union, whether headquartered within or outside of the state, that
operates one or more automated teller machine facilities within the
state.

6. "Footcandles" means the unit of illuminance equal to one lumen per
square foot.

7. "Regular banking hours" means the time at which an office of a
banking institution is open to the banking public for normal transaction
of business.

8. "Nighttime hours" means the period of time beginning thirty minutes
after sunset and ending thirty minutes before sunrise.

9. (a) "Defined parking area" means that portion of any parking area
open for and accessible to customers of a banking institution which is:

(1) contiguous to any paved walkway or sidewalk within fifty feet of
an automated teller machine facility;

(2) regularly, principally and lawfully used for parking by users of
the automated teller machine facility while conducting transactions at
such automated teller machine facility; and

(3) owned or leased by the operator of the automated teller machine
facility, or owned or otherwise controlled by the party leasing the
automated teller machine facility site to the banking institution.

(b) The term "defined parking area" does not include any parking area
which is not open or regularly used for parking by the users of the
automated teller machine facility or the conduct of transactions during
nighttime hours. For this purpose, the parking area is not open if it is
physically closed to access or if conspicuous signs indicate that it is
closed.