WILLIAM DONALD SCHAEFER, Governor                           S.B. 365

(II) "ACCESS AREA" DOES NOT INCLUDE ANY PUBLICLY
MAINTAINED STREET OR HIGHWAY OR ANY ADJACENT SIDEWALK.

(3)      "ACCESS DEVICE" HAS THE MEANING STATED IN FEDERAL RESERVE
BOARD REGULATION E, 12 C.F.R. PART 205.

(4)      (I) "AUTOMATED TELLER MACHINE" MEANS ANY ELECTRONIC
INFORMATION PROCESSING DEVICE LOCATED IN THIS STATE WHICH ACCEPTS OR
DISPENSES CASH IN CONNECTION WITH A CREDIT, DEPOSIT, OR CONVENIENCE
ACCOUNT.

(II) "AUTOMATED TELLER MACHINE" DOES NOT INCLUDE
DEVICES USED:

1.        SOLELY TO FACILITATE CHECK GUARANTEES OR CHECK
AUTHORIZATIONS;

2.        IN CONNECTION WITH THE ACCEPTANCE OR DISPENSING
OF CASH ON A PERSON-TO-PERSON BASIS, INCLUDING BY A STORE CASHIER; OR

3.        FOR THE PAYMENT OF GOODS OR SERVICES.

(5)      "CANDLEFOOT POWER" MEANS THE LIGHT INTENSITY OF CANDLES
ON A HORIZONTAL PLANE AT 36 INCHES ABOVE GROUND LEVEL AND 5 FEET IN
FRONT OF THE AREA TO BE MEASURED.

(6)      "CONTROL" OF AN ACCESS AREA OR DEFINED PARKING AREA
MEANS TO HAVE THE PRESENT AUTHORITY TO DETERMINE HOW, WHEN, AND BY
WHOM SUCH AREA IS TO BE USED, MAINTAINED, LIGHTED, AND LANDSCAPED.

(7)      "CUSTOMER" MEANS AN INDIVIDUAL TO WHOM AN ACCESS DEVICE
HAS BEEN ISSUED FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.

(8)      (I) "DEFINED PARKING AREA" MEANS THAT PORTION OF A
PARKING AREA OPEN FOR CUSTOMER PARKING WHICH IS:

1.        CONTIGUOUS TO AN ACCESS AREA WITH RESPECT TO AN
AUTOMATED TELLER MACHINE;

2.        REGULARLY, PRINCIPALLY, AND LAWFULLY USED FOR
PARKING BY USERS OF THE AUTOMATED TELLER MACHINE WHILE CONDUCTING
AUTOMATED TELLER MACHINE TRANSACTIONS DURING THE HOURS OF DARKNESS;
AND

3.        OWNED OR CONTROLLED BY THE OPERATOR OF THE
AUTOMATED TELLER MACHINE OR BY THE PARTY LEASING THE AUTOMATED
TELLER MACHINE SITE TO THE OPERATOR.

(II) "DEFINED PARKING AREA" INCLUDES ONLY THE SINGLE
PARKING LEVEL OF A MULTIPLE LEVEL PARKING AREA DEEMED BY THE OPERATOR
OF THE AUTOMATED TELLER MACHINE TO BE THE MOST DIRECTLY ACCESSIBLE TO
USERS OF THE AUTOMATED TELLER MACHINE IF THE PARKING AREA OTHERWISE
SATISFIES THE CONDITIONS CONTAINED IN ITEM (I) OF THIS PARAGRAPH.

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