S.B. 365

VETOES

(III) "'DEFINED PARKING AREA" DOES NOT INCLUDE A PARKING
AREA WHICH:

1.        IS NOT REGULARLY USED FOR PARKING BY USERS OF
THE AUTOMATED TELLER MACHINE WHO ARE CONDUCTING AUTOMATED TELLER
MACHINE TRANSACTIONS DURING THE HOURS OF DARKNESS; OR

2.        IS PHYSICALLY CLOSED TO ACCESS OR IS MARKED BY
CONSPICUOUS SIGNS INDICATING THAT IT IS CLOSED.

(9)      "FINANCIAL INSTITUTION" HAS THE MEANING STATED IN § 1-101 OF
THIS TITLE.

(10)    "HOURS OF DARKNESS" MEANS THE PERIOD THAT BEGINS 30
MINUTES AFTER SUNSET AND ENDS 30 MINUTES BEFORE SUNRISE.

(11)    "OPERATOR" MEANS A FINANCIAL INSTITUTION OR OTHER PERSON
THAT OPERATES AN AUTOMATED TELLER MACHINE.

(B) (1) (I) THIS SECTION DOES NOT APPLY TO ANY PERSON:

1.        WHOSE PRIMARY FUNCTION IS TO PROVIDE FOR THE
EXCHANGE, TRANSFER, OR DISSEMINATION OF ELECTRONIC FUND TRANSFER
DATA; AND

2.        THAT IS NOT OTHERWISE AN OPERATOR OR PERSON
WHO CONTROLS AN ACCESS AREA OR DESIGNATED PARKING AREA.

(II) A PERSON DESCRIBED IN ITEM (I) OF THIS PARAGRAPH SHALL
HAVE NO LIABILITY TO A CUSTOMER OR USER OF AN AUTOMATED TELLER
MACHINE FOR ANY CLAIM RELATING TO:

1.        ANY PROVISION OF THIS SECTION; OR

2.        THE USE OR ATTEMPTED USE OF AN AUTOMATED
TELLER MACHINE.

(2) THIS SECTION DOES NOT APPLY TO AN AUTOMATED TELLER
MACHINE WHICH:

(I)       IS LOCATED INSIDE A BUILDING:

1.        UNLESS THE BUILDING IS A FREESTANDING
INSTALLATION WHICH EXISTS SOLELY TO PROVIDE AN ENCLOSURE FOR THE
AUTOMATED TELLER MACHINE; OR

2.        EXCEPT TO THE EXTENT THAT A TRANSACTION CAN BE
CONDUCTED FROM OUTSIDE THE BUILDING; OR                               

(II)     IS LOCATED IN ANY AREA, INCLUDING ANY ACCESS AREA,
BUILDING, ENCLOSED SPACE, OR PARKING AREA, WHICH IS NOT CONTROLLED BY
THE OPERATOR:

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