| Introduced By: Representative Frank Anzeveno |
| Date Introduced: February 4, 1997 |
| Referred To: House Committee on Corporations |
It is enacted by the General Assembly as follows
SECTION 1. Title 19 of the General Laws entitled "Financial Institutions" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 33
ATM SAFETY ADD}
{ADD 19-33-1. Short Title. -- ADD} {ADD This act may be cited as the "ATM Safety Act." ADD}
{ADD 19-33-2. Legislative intent. -- ADD} {ADD The general assembly hereby finds that automated teller machines are an integral part of consumers' lives and that automated teller machines are used by millions of people on a daily basis. It is the intent of the general assembly to ensure the convenience and safety of automated teller machine use by establishing security measures for automated teller machine facilities. ADD}
{ADD 19-33-3. Definitions. -- ADD} {ADD For purposes of this chapter, 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 record of a banking institution and which enables consumers to carry out banking transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquires, and loan payments.
(3) "Automated teller machine facility" means an area within the dominion and control a a banking institution comprised of ›one (1)! 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 (24)! 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 ›ten (10! candlefoot power is maintained on a horizontal plane at a point ›five (5)! feet outward from and ›five (5)! feet above the ground surface from the automated teller machine;
(ii) a minimum illuminance of ›two (2)! candlefoot power is maintained on a horizontal plane at a point ›fifty (50)! feet in all unobstructed directions from the automated teller machine, measured at a point ›five (5)! feet above the ground surface; and
(iii) if an outdoor automated teller machine is located within ›ten (10)! feet of the corner of a building and the automated teller machine facility is generally accessible from the adjacent side, there shall be a minimum illuminance of ›two (2)! candlefoot power along the first ›forty (40)! unobstructed feet of the adjacent side of the building.
(c) with respect to a defined parking area, a minimum of ›two (2)! candlefoot power in that portion of the parking area within ›sixty (60)! feet of 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 (1)! or more automated teller machine facilities within the state.
(6) "Candlefoot power" means the light intensity of candles measured on a horizontal plane ›thirty-six (36)! inches above ground level and ›five (5)! feet in front of the area to be measured.
(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 businesses.
(8) "Nighttime hours" means the period of time beginning ›thirty (30)! minutes after sunset and ending ›thirty (30)! 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 (50)! 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. ADD}
{ADD 19-33-4. Security measures. -- ADD} {ADD Every banking institution shall maintain the following security measures with respect to each of the automated teller machine facilities within its dominion and control;
(1) A surveillance camera or cameras, which shall view and record all persons entering an automated teller machine facility located within the interior of a building, or which shall view and record all activity occurring within a minimum of ›three (3)! feet in front of an automated teller machine located outside a building and open to the outdoor air. Such camera or cameras need not record banking transactions made at the automated teller machines. The recordings made by such cameras shall be preserved by the banking institution for at least ›thirty (30)! days.
(2) Adequate lighting.
(3) With respect to an indoor automated teller machine facility;
(a) Entry doors equipped with locking devices which permit entry to such facility only to persons using a magnetic-strip plastic card or similar access device.
(b) To the extent practicable, as determined by an expert with competence is such matters as permitted by local building codes, at least ›one (1)! exterior wall which provides an unobstructed view of the interior of the automated teller machine facility.
(c) A reflective mirror or mirrors, as necessary, placed in such a manner as to permit a person entering an indoor automated teller machine facility to view areas within such facility that are otherwise concealed to plain view.
(d) A clearly visible sign which, at a minimum, provides the following information:
(1) the activity of the automated teller machine facility is being recorded by a surveillance camera or cameras;
(2) customers should close the entry door completely upon entering and exiting;
(3) customers should not permit any unknown persons to enter after regular banking hours;
(4) customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility;
(5) complaints concerning security in the automated teller machine facility should be directed to the banking institution's security department or the ›banking department,! together with telephone numbers for such complaints, and that the nearest available public telephone should be used to call the police if emergency assistance is needed. ADD}
{ADD 19-33-5. List of facilities. -- ADD} {ADD Any banking institution which operates an automated teller machine facility shall filed a list of such facilities with the department of business regulation, including the street addresses, intersecting streets, hours of operation, and the telephone number of the banking institution's security department. Such information shall also be filed with the department of business regulation with respect to each additional automated teller machine facility within a reasonable time, as specified by the director, from the date upon which such facility commences operation. The department of business regulation shall make such list available on request of local law enforcement agencies and other local governmental entities. ADD}
{ADD 19-33-6. Consumer safety information. -- ADD} {ADD Upon the original issuance or reissuance of an automated teller machine facility access device, the issuing banking institution shall provide its customers with written information concerning safety precautions to be employed while using an automated teller machine facility. Such written information shall include, at a minimum, the information described in paragraph (d) of subdivision three of section 4 of this act. ADD}
{ADD 19-33-7. Enforcement and statistics. -- ADD} {ADD (1) The department of business regulation is authorized to enforce this article.
(2) Statistics of crimes associated with the use of automated teller machine facilities compiled and maintained by any law enforcement agency shall be made available upon the request of any banking institution or the division. ADD}
{ADD 19-33-8. Report of compliance. -- ADD} {ADD Within (one (1)) year after the effective date of this act, and each year thereafter, every banking institution which has an automated teller machine facility which is in operation on such date and such date every year thereafter shall submit a written report to the department of business regulation on a form prescribed by the director certifying that such automated teller machine facility is in compliance with the provisions of this act or any variance or exemption that has been granted, or if such facility is not in compliance with such provisions, such report shall state the manner in which such facility fails to meet such requirements, the reasons for such non-compliance and a plan to remedy any such non-compliance. ADD}
{ADD 19-33-9. Compliance with local building code and all other applicable provisions of law. -- ADD} {ADD Unless otherwise provided in this act, nothing contained in this act shall be construed to exempt or relieve any banking institution form complying with all relevant provisions of the local building code and all other applicable provisions of law. ADD}
{ADD 19-33-10. Facilities not subject to this act. -- ADD} {ADD The provisions of this act shall not apply to any unenclosed automated teller machine located in any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports, school building, and public buildings, provided that such atuomated teller machine shall be available for use only during the regular hours of operation of the building, structure, or space in which such machine is located. ADD}
{ADD 19-33-11. Civil penalties. -- ADD} {ADD (1) Any banking institution found to be in violation of any provision of this chapter shall correct the violation with ›ten (10)! business days after such finding. Where a banking institution fails to correct said violation within such periods of time, the superintendent may in a proceeding after notice and a hearing, require any banking institution to pay a civil penalty in a sum not to exceed ›two thousand five hundred (2,500)! dollars for each and every offense, provided, however that the aggregate penalty for all offenses with respect to any ›one (1)! automated tell machine facility in any ›one (1)! proceeding shall not exceed ›ten thousand (10,000)! dollars. For the purposes of the chapter, each violation of this chapter shall be considered a separate and distinct violation.
(2) Any banking institution found to be in violation of the provisions of section 19-33-8 of this chapter shall be liable for a civil penalty of not more than ›one thousand (1,000)! dollars for each automated teller machine facility for which a report has not been filed. Any banking institution which makes a material false statement or material omission in any report filed pursuant to section 19-33-8 of this chapter shall be liable for a civil penalty of not more than ›five thousand (5,000)! dollars for each such report.
(3) Whenever payment of a civil penalty is required under this chapter, the director shall execute a written order to that effect. A copy of such order shall be filed in the department of business regulation and a second copy shall, within ›three (3)! days of execution, be served upon such banking institution either personally or by registered or certified mail, return receipt requested, directed to the banking institution's principal place of business. ADD}
{ADD 19-33-12. Collection of penalties. -- ADD} {ADD The director shall have the discretion to report to the attorney general any failure, after due notice, to make payments of penalties incurred under this chapter. The attorney general shall, thereupon, in the name of the director, or of the people of the state, institute such actions or proceedings as the facts may warrant. ADD}
SECTION 2. This act shall take effect upon passage.
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This act would make certain requirements for automated teller machine safety.
This act would take effect upon passage.
