In this subtitle the following words have the meanings indicated. “Access area” means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. “Access area” does not include any publicly maintained street or highway or any adjacent sidewalk. “Access device” has the meaning stated in Federal Reserve Board Regulation E, 12 C.F.R., Part 205. “Automated teller machine” means any electronic information processing device located in this State which accepts or dispenses cash in connection with a credit, deposit, or convenience account. “Automated teller machine” does not include devices used: Solely to facilitate check guarantees or check authorizations; In connection with the acceptance or dispensing of cash on a person-to-person basis, including by a store cashier; or For the payment of goods or services. “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured. “Control” of an access area or defined parking area means to have the present authority to determine how, when, and by whom such area is to be used, maintained, lighted, and landscaped. “Customer” means an individual to whom an access device has been issued for personal, family, or household use. “Defined parking area” means that portion of a parking area open for customer parking which is: Contiguous to an access area with respect to an automated teller machine; Regularly, principally, and lawfully used for parking by users of the automated teller machine while conducting automated teller machine transactions during the hours of darkness; and Owned or controlled by the operator of the automated teller machine or by the party leasing the automated teller machine site to the operator. “Defined parking area” includes only the single parking level of a multiple level parking area deemed by the operator of the automated teller machine to be the most directly accessible to users of the automated teller machine if the parking area otherwise satisfies the conditions contained in paragraph (1) of this subsection. “Defined parking area” does not include a parking area which 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 Physically closed to access or is marked by conspicuous signs indicating that it is closed. “Hours of darkness” means the period that begins 30 minutes after sunset and ends 30 minutes before sunrise. “Operator” means a financial institution or other person that operates an automated teller machine.

This section does not apply to any person: Whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data; and That is not otherwise an operator or person who controls an access area or designated parking area. A person described in subparagraph (i) of this paragraph is not liable to a customer or user of an automated teller machine for any claim relating to: Any provision of this section; or The use or attempted use of an automated teller machine. This section does not apply to an automated teller machine which is located: Inside a building: Unless the building is a freestanding installation which exists solely to provide an enclosure for the automated teller machine; or Except to the extent that a transaction can be conducted from outside the building; or In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator. An operator of an automated teller machine shall adopt procedures for evaluating the safety of the location of the automated teller machine before it is installed. The procedures shall include a consideration of: The extent to which the lighting for the automated teller machine complies or will comply with the standards described in this section; and The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine, the access area, and the defined parking area. The operator of an automated teller machine installed prior to January 1, 1995, shall adopt procedures for evaluating the safety of the location of the existing automated teller machine. The procedures adopted under subparagraph (i) of this paragraph shall include a consideration of the facts identified in paragraph (2) of this subsection to the extent appropriate to existing locations. This subsection does not impose a duty to relocate an automated teller machine or modify the landscaping, vegetation, or other obstructions in the area of an automated teller machine, access area, or defined parking area for an automated teller machine installed prior to January 1, 1995. An operator of an automated teller machine shall provide during the hours of darkness lighting of at least 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward 5 feet. An operator or, if different, the person who controls the access area or the defined parking area shall provide during the hours of darkness lighting of: At least 2 candlefoot power within 50 feet from all unobstructed directions from the face of the automated teller machine; At least 2 candlefoot power in that portion of the defined parking area within 60 feet of the automated teller machine; and In the event the automated teller machine is located within 10 feet of a corner of the building and the automated teller machine is generally accessible from the adjacent side, at least 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building. The requirements of this subsection apply only to automated teller machines that are open for use by customers during the hours of darkness. At or before the time a customer is furnished with an access device, the issuer of the access device shall furnish to the customer a notice concerning basic safety precautions that customers should employ while using an automated teller machine during hours of darkness. The notice shall be furnished: To each customer whose address for the account to which the access device relates is in this State; and By personally delivering or mailing the notice to customers at their mailing addresses in this State. Only one notice need be furnished for each mailing address. If access devices are 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 access devices, only one notice need be furnished to satisfy this subsection’s notice requirement as to those customers. The notice required by this subsection may be included with other disclosures related to the access device furnished to a customer, including any initial or periodic disclosure statement furnished under the Federal Electronic Fund Transfer Act. The issuer of an access device shall be deemed to be in compliance with the notice requirement of this subsection if the issuer advises the customer to: Be aware of the customer’s surroundings when using an automated teller machine, particularly during the hours of darkness; Be accompanied by another person when using an automated teller machine during the hours of darkness; Refrain from displaying cash, place cash in a pocket as soon as a transaction is completed, and count cash in the safety of a locked enclosure such as a car or home; Use another automated teller machine or return at a later time if anything suspicious is noticed; Cancel a transaction, place the access device in a pocket, and leave if anything suspicious is noticed when using an automated teller machine; and Immediately report all crimes to the operator of the automated teller machine and to local law enforcement officials. For an access device issued before January 1, 1995, compliance with the provisions of this subsection shall be optional unless: A customer requests in writing that the notice required by this subsection be provided; or The access device is reissued, renewed, or replaced on or after January 1, 1995.

This section does not apply to an automated teller machine that is: Located inside a building unless: The building is a freestanding installation that exists solely to provide an enclosure for the automated teller machine; or A user of the automated teller machine is able to conduct a transaction from outside the building; or Operated by a financial institution, unless the automated teller machine is located at or within or attached to premises owned by or under the control of the financial institution. Each operator of an automated teller machine subject to this section shall: Install and maintain a video camera that views and records an image of a user as the user performs a transaction at the automated teller machine; and Preserve the recordings made by the video camera for at least 45 calendar days. An operator of an automated teller machine subject to this section is not in violation of this section if a video camera required under subsection (b) of this section malfunctions due to a reason not within the operator’s control.

Subject to this section, a banking institution or credit union may have an automated teller machine at a location other than the principal office or a branch of a banking institution or credit union. Except as provided in paragraph (2) of this subsection, at least 15 business days before commencing the installation of an automated teller machine, a banking institution or credit union shall submit to the Commissioner written notice of its intent to install the automated teller machine. No written notice of intent to install an automated teller machine is required if the automated teller machine is to be located at the principal office or a branch of a banking institution or credit union. An automated teller machine may receive and dispense money as instructed by a customer. A banking institution or credit union may verify by direct wire transmission or otherwise any transaction that is made by means of an automated teller machine. The Commissioner may adopt rules and regulations that are substantially similar to those rules and regulations of the Comptroller of the Currency for the operation and shared use of automated teller machines by national banking associations. If, after the Commissioner receives the notice required under subsection (b)(1) of this section or the automated teller machine is installed, any requirement of this section is not being met, or if the Commissioner determines that the operation of the automated teller machine is not consistent with safety and soundness and the security of the transactions, the Commissioner shall give the banking institution or credit union notice of the deficiency. On notice of deficiency, a banking institution or credit union shall stop using the automated teller machine. If the Commissioner determines that the deficiency has been corrected, the banking institution or credit union may resume use of the automated teller machine. For purposes of this article, an automated teller machine is not a branch of a banking institution or credit union.

At or before the time a transaction is initiated, the operator of an automated teller machine shall provide the person using the automated teller machine with notice of the fee to be charged by the operator for use of the automated teller machine by persons using access devices not issued by the operator. The operator may give the notice required under subsection (a) of this section by either: Posting in a conspicuous place on or near the automated teller machine the amount of the fee; or Listing the amount of the fee on the screen of the automated teller machine at the time the transaction is initiated. If the operator gives the notice in the manner provided by paragraph (1)(ii) of this subsection, the person using the automated teller machine shall be provided with the opportunity to cancel the transaction without incurring any fee.

“Foreign banking corporation” has the meaning stated in § 12-201(e) of this article. A foreign banking corporation may not have an automated teller machine in this State for any purpose unless: The foreign banking corporation obtains from the Commissioner a permit for the automated teller machine; or The automated teller machine is authorized under: The Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 or other federal law; or Title 5, Subtitle 9 or Subtitle 10 of this article. The process for obtaining a permit for the automated teller machine is as stated in §§ 12-208 and 12-209 of this article.

Only the State may enact a law regarding automated teller machines. This subtitle shall preempt any local law governing automated teller machines.