SSSB 212: "An Act relating to automated teller machines and to night deposit facilities; and providing for an effective date."
00SPONSOR SUBSTITUTE FOR SENATE BILL NO. 212 01 "An Act relating to automated teller machines and to night deposit facilities; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that the fees 05 charged for using automated teller machines could have a negative effect on the financial 06 institutions industry and consumers. The legislature intends to ensure that there is an efficient 07 and competitive automated teller machine market. 08 * Sec. 2. AS 45.45 is amended by adding new sections to read: 09 Article 8A. Automated Teller Machines and Night Deposit Facilities. 10 Sec. 45.45.600. Surcharges for use of automated teller machines. (a) A 11 bank may not impose a surcharge on a customer for the use of an automated teller 12 machine in this state unless the automated teller machine is located in or attached to 13 a staffed office of that bank with facilities for in-person transactions between 14 employees of the bank and its customers.
01 (b) If a surcharge is imposed on a customer at an automated teller machine, 02 the operator of that automated teller machine shall disclose to the customer 03 electronically on the automated teller machine the total amount of the charge. The 04 disclosure shall be provided before the customer's entry of an amount, and the 05 customer shall have an opportunity to cancel the transaction without incurring an 06 obligation. 07 (c) In this section, "surcharge" means a fee directly imposed on a customer by 08 the owner or operator of an automated teller machine as a result of the use of that 09 machine if the fee is not imposed for a similar in-person transaction. 10 Sec. 45.45.610. Safety evaluation. An operator of an automated teller 11 machine or a night deposit facility shall, at least once every year, evaluate the safety 12 of the installation. The evaluation must include a determination of 13 (1) the extent of violent criminal activity that has taken place in the 14 immediate neighborhood of the installation and whether the installation should be 15 moved to a safer location; 16 (2) whether the lighting for the installation complies with AS 45.45.620 17 and, if not, what changes will bring the lighting into compliance; 18 (3) whether landscaping, vegetation, or other obstructions within 50 feet 19 of the installation or within the parking area, if any, provided for customers pose a 20 hazard to the customers and the extent to which those hazards may be minimized by 21 the owner or operator of the automated teller machine or night deposit facility. 22 Sec. 45.45.620. Lighting requirements. (a) The operator of an automated 23 teller machine or night deposit facility shall provide lighting during the period that 24 begins 30 minutes after sunset and ends 30 minutes before sunrise for the area within 25 50 feet of the installation. Lighting at the face of the installation and extending in an 26 unobstructed direction outward five feet must equal at least 10 candle-foot power. 27 Lighting beyond that point but within 50 feet of the installation must equal at least two 28 candle-foot power. In addition, if the installation is located within 10 feet of the 29 corner of a building and is accessible by traveling along the adjacent side and around 30 that corner, lighting equal to at least two-candle foot power shall be provided along 31 the 40 feet of the adjacent side nearest to the corner.
01 (b) This section does not apply to an automated teller machine or night deposit 02 facility that is located 03 (1) inside a building, other than a freestanding structure that exists for 04 the sole purpose of providing an enclosure for the automated teller machine or night 05 deposit facility, except to the extent that a transaction can be conducted from outside 06 the building; or 07 (2) in an area that is not controlled by the operator. 08 Sec. 45.45.630. Notice to customers. A bank or other person who issues a 09 card, key, or other access device to enable customers to use an automated teller 10 machine or night deposit facility shall furnish the customer with a notice of basic 11 safety precautions that the customer should observe while using the installation. The 12 notice may be included with other information related to the access device furnished 13 to the customer. If an access device is provided to more than one customer for a 14 single account or set of accounts or on the basis of a single application or request for 15 the access device, only a single notice to one of the customers must be provided under 16 this section. 17 Sec. 45.45.690. Definitions. In AS 45.45.600 - 45.45.690, 18 (1) "automated teller machine" means an electronic information 19 processing device that accepts or dispenses cash in connection with a credit, deposit, 20 or convenience account, but does not include a device used primarily to facilitate 21 check guarantees or check authorizations, if the check guarantees or check 22 authorizations are used in connection with the acceptance or dispensing of cash on a 23 person-to-person basis such as by store cashier, or used for payment of goods and 24 services; 25 (2) "bank" has the meaning given in AS 06.05.540; 26 (3) "night deposit facility" means a receptacle that is provided by a 27 bank for the use of its customers in delivering cash, checks, or other items to the bank; 28 (4) "operator" means a bank or other person who operates an automated 29 teller machine or night deposit facility. 30 * Sec. 3. TRANSITION. AS 45.45.610 - 45.45.630, enacted in sec. 2 of this Act, do not 31 apply until July 1, 2000 with respect to an automated teller machine or night deposit facility
01 that is in operation on the effective date of this Act. 02 * Sec. 4. This Act takes effect July 1, 1998.