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92_HB4342 LRB9214704JSpc 1 AN ACT concerning certain illumination standards. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Automated Teller Machine Security Act is 5 amended by changing Sections 5 and 10 as follows: 6 (205 ILCS 695/5) 7 Sec. 5. Definitions. As used in this Act, the term: 8 "Access area" means any paved walkway or sidewalk that is 9 within 50 feet of any automated teller machine. The term 10 does not include any street or highway open to the use of the 11 public or any adjacent sidewalk. 12 "Access device" has the same meaning as set forth in 13 Federal Reserve Board Regulation E, 12 C.F.R. Part 205, 14 promulgated pursuant to the federal Electronic Fund Transfer 15 Act, 15 U.S.C. Section 1601, et seq. 16 "Automated teller machine" means any electronic 17 information processing device located in this State that 18 accepts or dispenses cash in connection with a credit, 19 deposit or convenience account. The term does not include 20 devices used (i) solely to facilitate check guarantees or 21 check authorizations, (ii) in connection with the acceptance 22 or dispensing of cash on a person-to-person basis, including 23 by store cashier, or (iii) for payment in connection with the 24 purchase of goods or services. 25
"Candlefoot power" means the light intensity of candles26 on a horizontal plane at 36 inches above ground level and 527 feet in front of the area to be measured.28 "Control" of an access area or defined parking area means 29 to have the present authority to determine how, when and by 30 whom the access area is to be maintained, lighted, and 31 landscaped. -2- LRB9214704JSpc 1 "Customer" means a natural person to whom an access 2 device has been issued for personal, family, or household 3 use. 4 "Defined parking area" means that portion of any parking 5 area open for customer parking that is: 6 (1) Contiguous to an access area with respect to an 7 automated teller machine; 8 (2) Regularly, principally, and lawfully used for 9 parking by users of the automated teller machine while 10 conducting automated teller machine transactions during 11 the hours of darkness; and 12 (3) Owned or controlled by the operator of the 13 automated teller machine or by the party leasing the 14 automated teller machine site to the operator. The term 15 does not include any parking area that (i) is not open or 16 regularly used for parking by users of the automated 17 teller machine who are conducting automated teller 18 machine transactions during the hours of darkness or (ii) 19 is physically closed to access or is marked by 20 conspicuous signs indicating that it is closed. If a 21 multiple-level parking area satisfies the conditions of 22 this paragraph and would therefore otherwise be a defined 23 parking area, only the single parking level deemed by the 24 operator of the automated teller machine to be the most 25 directly accessible to the users of the automated teller 26 machine shall be a defined parking area. 27 "Financial institution" means a state or federally 28 chartered bank, savings and loan association, savings bank, 29 or credit union. 30 "Footcandle" is the measure of illuminance (quantity of 31 illumination) on a surface or at specific plane as defined by 32 the Illuminating Engineering Society of North American. 33 "Hours of darkness" means the period that begins 30 34 minutes after sunset and ends 30 minutes before sunrise. -3- LRB9214704JSpc 1 "Operator" means any financial institution or other 2 business entity or any other person who operates an automated 3 teller machine, but does not include any person or entity 4 whose primary function is to provide for the exchange, 5 transfer or dissemination of electronic fund transfer data, 6 including, without limitation, any network or switch 7 established under the Electronic Fund Transfer Act. 8 "Public road" means any public right of way, including, 9 but not limited to, structures, sidewalks, facilities, and 10 appurtenances incidental thereto. 11 (Source: P.A. 89-542, eff. 7-19-96.) 12 (205 ILCS 695/10) 13 Sec. 10. Date of compliance; provision of adequate 14 lighting. 15 (a) An operator of an automated teller machine installed 16 on or after July 1, 1997 shall comply with the provisions of 17 subsection (c) of this Section commencing on the date the 18 automated teller machine is installed. Compliance with 19 subsection (c) of this Section by operators as to automated 20 teller machines existing as of July 1, 1997 shall be optional 21 until July 1, 1998 and mandatory thereafter. This Act 22 applies to an operator of an automated teller machine only to 23 the extent that the operator controls the access area or 24 defined parking area to be lighted. 25 (b) If an access area or defined parking area is not 26 controlled by the operator of the automated teller machine, 27 and if the person who leased the automated teller machine 28 site to the operator controls the access area or defined 29 parking area, the person who controls the access area or 30 defined parking area shall comply with subsection (c) of this 31 Section as to any automated teller machines installed on or 32 after July 1, 1997, commencing on the date the automated 33 teller machine is installed and as to any automated teller -4- LRB9214704JSpc 1 machine existing as of July 1, 1997, commencing no later than 2 July 1, 1998. 3 (c) The operator, owner, or other person responsible for 4 the automated teller machine shall provide lighting during 5 the hours of darkness with respect to an open and operating 6 automated teller machine and any defined parking area, access 7 area, and the exterior of an enclosed automated teller 8 machine installation according to all of the following 9 standards: 10 (1) There shall be a minimum maintained level of 11 illumination of 10 footcandles at the face of the 12 automated teller machine. The illumination level shall 13 be at plane 3 feet above finished grade and shall extend 14 outward from the automated teller machine in a radius of 15 5 feet in a arc of 180 degrees starting and ending 16 parallel with the face of the machine of 10 candlefoot17 power at the face of the automated teller machine and18 extending outward 5 feet. 19 (2) There shall be a minimum maintained level of 20 illumination of 2 footcandles measured 3 feet above 21 finished grade at a distance of 50 feet from all 22 unobstructed directions from the face of the automated 23 teller machine. In the event the automated teller 24 machine is located within 10 feet of the corner of the 25 building and the automated teller machine is generally 26 accessible from the adjacent side, there shall be a 27 minimum maintained level of illumination of 2 footcandles 28 measured 3 feet above finished grade of 2 candlefoot29 power within 50 feet from all unobstructed directions30 from the face of the automated teller machine. In the31 event the automated teller machine is located within 1032 feet of the corner of the building and the automated33 teller machine is generally accessible from the adjacent34 side, there shall be a minimum of 2 candlefoot power-5- LRB9214704JSpc 1 along the first 40 unobstructed feet of the adjacent side 2 of the building. 3 (3) There shall be a minimum maintained level of 4 illumination of 2 footcandles measured at 3 feet above 5 finished grade of 2 candlefoot powerin that portion of 6 the defined parking area within 60 feet of the automated 7 teller machine. 8 (Source: P.A. 89-542, eff. 7-19-96.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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