AN ACT Relating to security for automated
teller machines and night deposit facilities; adding a new section to chapter
30.04 RCW; adding a new section to chapter 31.12 RCW; adding a new section to
chapter 32.04 RCW; adding a new section to chapter 33.04 RCW; adding a new
chapter to Title 19 RCW; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Access area" means a paved
walkway or sidewalk that is within fifty feet of an automated teller machine or
night deposit facility. "Access area" does not include publicly
maintained sidewalks or roads.
(2) "Access device" means:
(a) "Access device" as defined in
federal reserve board Regulation E, 12 C.F.R. Part 205, promulgated under the
Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.; or
(b) A key or other mechanism issued by a
banking institution to its customer to give the customer access to the banking
institution's night deposit facility.
(3) "Automated teller machine" means
an electronic information processing device located in this state that accepts
or dispenses cash in connection with a credit, deposit, or convenience
account. "Automatic teller machine" does not include a device used
primarily to facilitate check guarantees or check authorizations, used in
connection with the acceptance or dispensing of cash on a person-to-person
basis such as by a store cashier, or used for payment of goods and services.
(4) "Banking institution" means a
state or federally chartered bank, trust company, savings bank, savings and
loan association, and credit union.
(5) "Candlefoot power" means a light
intensity of candles on a horizontal plane at thirty-six inches above ground
level and five 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 it is to be used, and how it is to be maintained, lighted, and
landscaped.
(7) "Defined parking area" means that
portion of a parking area open for customer parking that is:
(a) Contiguous to an access area with respect
to an automated teller machine or night deposit facility;
(b) Regularly, principally, and lawfully used
for parking by users of the automated teller machine or night deposit facility
while conducting transactions during hours of darkness; and
(c) Owned or leased by the operator of the
automated teller machine or night deposit facility or owned or controlled by
the party leasing the automated teller machine or night deposit facility site
to the operator. "Defined parking area" does not include a parking
area that is not open or regularly used for parking by users of the automated
teller machine or night deposit facility who are conducting transactions during
hours of darkness. A parking area is not open if it is physically closed to
access or if conspicuous signs indicate that it is closed. If a multiple level
parking area satisfies the conditions of this subsection (7)(c) and would
therefore otherwise be a defined parking area, only the single parking level
deemed by the operator of the automated teller machine and night deposit
facility to be the most directly accessible to the users of the automated
teller machine and night deposit facility is a defined parking area.
(8) "Hours of darkness" means the
period that commences thirty minutes after sunset and ends thirty minutes
before sunrise.
(9) "Night deposit facility" means a
receptacle that is provided by a banking institution for the use of its
customers in delivering cash, checks, and other items to the banking
institution.
(10) "Operator" means a banking
institution or other business entity or a person who operates an automated
teller machine or night deposit facility.
NEW SECTION. Sec. 2.
The intent of the legislature in enacting this chapter is to enhance the safety
of consumers using automated teller machines and night deposit facilities in
Washington without discouraging the siting of automated teller machines and
night deposit facilities in locations convenient to consumers' homes and
workplaces. Because decisions concerning safety at automated teller machines
and night deposit facilities are inherently subjective, the legislature
establishes as the standard of care applicable to operators of automated teller
machines and night deposit facilities, in connection with user safety,
compliance with the objective standards and information requirements of this
chapter. It is not the intent of the legislature in enacting this chapter to
impose a duty to relocate or modify automated teller machines or night deposit
facilities upon the occurrence of a particular event or circumstance, but
rather to establish a means for the evaluation of all automated teller machines
and night deposit facilities as provided in this chapter. The legislature
further recognizes the need for uniformity as to the establishment of safety
standards for automated teller machines and night deposit facilities and
intends with this chapter to supersede and preempt a rule, regulation, code, or
ordinance of a city, county, municipality, or local agency regarding customer
safety at automated teller machines and night deposit facilities in Washington.
NEW SECTION. Sec. 3. On
or before July 1, 1994, with respect to an existing installed automated teller
machine and night deposit facility in this state, and an automated teller
machine or night deposit facility installed after July 1, 1994, the operator
shall adopt procedures for evaluating the safety of the automated teller
machine or night deposit facility. These procedures must pertain to the
following:
(1) The extent to which the lighting for the
automated teller machine or night deposit facility complies or will comply with
the standards required by section 5 of this act;
(2) The presence of landscaping, vegetation, or
other obstructions in the area of the automated teller machine or night deposit
facility, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the
immediate neighborhood of the automated teller machine or night deposit
facility, as reflected in the records of the local law enforcement agency and
of which the operator has actual knowledge.
NEW SECTION. Sec. 4.
(1) An operator of an automated teller machine or night deposit facility
installed on or after July 1, 1994, shall comply with section 5 of this act
beginning on the date the automated teller machine or night deposit facility is
installed. Compliance with section 5 of this act by an operator as to an
automated teller machine and night deposit facility existing as of July 1,
1994, is optional until July 1, 1996, and mandatory thereafter. This section
applies to an operator of an automated teller machine or night deposit facility
only to the extent that the operator controls the access area or defined
parking area to be lighted.
(2) If an access area or a defined parking area
is not controlled by the operator of an automated teller machine or night
deposit facility, and if the person who leased the automated teller machine or
night deposit facility site to the operator controls the access area or defined
parking area, the person who controls the access area or defined parking area
shall comply with section 5 of this act for an automated teller machine or
night deposit facility installed on or after July 1, 1994, beginning on the
date the automated teller machine or night deposit facility is installed and
for an automated teller machine or night deposit facility existing as of July
1, 1994, by or on July 1, 1996.
NEW SECTION. Sec. 5.
The operator, owner, or other person responsible for an automated teller
machine or night deposit facility shall provide lighting during hours of darkness
with respect to an open and operating automated teller machine or night deposit
facility and a defined parking area, access area, and the exterior of an
enclosed automated teller machine or night deposit facility installation
according to the following standards:
(1) There must be a minimum of ten candlefoot
power at the face of the automated teller machine or night deposit facility and
extending in an unobstructed direction outward five feet;
(2) There must be a minimum of two candlefoot
power within fifty feet from all unobstructed directions from the face of the
automated teller machine or night deposit facility. In the event the automated
teller machine or night deposit facility is located within ten feet of the
corner of the building and the automated teller machine or night deposit
facility is generally accessible from the adjacent side, there must be a
minimum of two candlefoot power along the first forty unobstructed feet of the
adjacent side of the building; and
(3) There must be a minimum of two candlefoot
power in that portion of the defined parking area within fifty feet of the
automated teller machine or night deposit facility.
NEW SECTION. Sec. 6.
The issuer of an access device shall furnish a customer receiving the device
with a notice of basic safety precautions that the customer should employ while
using an automated teller machine or night deposit facility. This information
must be furnished by personally delivering or by mailing the information to each
customer whose mailing address is in this state for the account to which the
access device relates. This information must be furnished for an access device
issued on or after July 1, 1994, at or before the time the customer is
furnished with his or her access device. For a customer to whom an access
device was issued before July 1, 1994, the information must be delivered or
mailed to the customer on or before December 31, 1994. Only one notice must be
furnished per household, and if an access device is furnished to more than one
customer for a single account or set of accounts or on the basis of a single
application or other request for the access devices, only a single notice must
be furnished in satisfaction of the notification responsibilities as to all
those customers. The information may be included with other disclosures
related to the access device furnished to the customer, such as with an initial
or periodic disclosure statement furnished under the Electronic Fund Transfer
Act, 15 U.S.C. Sec. 1601, et seq.
NEW SECTION. Sec. 7.
This chapter does not apply to an automated teller machine or night deposit
facility that is:
(1) Located inside of a building, unless it is
a freestanding installation that exists for the sole purpose of providing an
enclosure for the automated teller machine or night deposit facility;
(2) Located inside a building, except to the
extent a transaction can be conducted from outside the building; or
(3) Located in an area, including an access
area, building, enclosed space, or parking area that is not controlled by the
operator.
NEW SECTION. Sec. 8.
This chapter supersedes and preempts all rules, regulations, codes, statutes,
or ordinances of all cities, counties, municipalities, and local agencies
regarding customer safety at automated teller machines or night deposit
facilities located in this state.
NEW SECTION. Sec. 9.
Compliance with the objective standards and information requirements of this
chapter is prima facie evidence that the operator of the automated teller
machine or night deposit facility in question has provided adequate measures
for the safety of users of the automated teller machine or night depository.
NEW SECTION. Sec. 10. A
new section is added to chapter 30.04 RCW to read as follows:
Chapter 19.-- RCW (sections 1 through 9 of this
act) applies to automated teller machines and night depositories regulated
under this title.
NEW SECTION. Sec. 11. A
new section is added to chapter 31.12 RCW to read as follows:
Chapter 19.-- RCW (sections 1 through 9 of this
act) applies to automated teller machines and night depositories regulated
under this title.
NEW SECTION. Sec. 12. A
new section is added to chapter 32.04 RCW to read as follows:
Chapter 19.-- RCW (sections 1 through 9 of this
act) applies to automated teller machines and night depositories regulated
under this title.
NEW SECTION. Sec. 13. A
new section is added to chapter 33.04 RCW to read as follows:
Chapter 19.-- RCW (sections 1 through 9 of this
act) applies to automated teller machines and night depositories regulated
under this title.
NEW SECTION. Sec. 14.
Sections 1 through 9 of this act shall constitute a new chapter in Title 19
RCW.
NEW SECTION. Sec. 15.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
