Utah Code > Title 7 > Chapter 16a – Automated Teller Machine Act
Current as of: 2024 | Check for updates
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| Sections | ||
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| Part 1 | General Provisions | 7-16a-101 – 7-16a-103 |
| Part 2 | Authority, Powers, Contractual Waiver, and Notification Requirements | 7-16a-201 – 7-16a-204 |
Terms Used In Utah Code > Title 7 > Chapter 16a - Automated Teller Machine Act
- Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
- Alternative fuel: means :(2)(a) propane, natural gas, or electricity; or(2)(b) other fuel that the board determines, by rule, to be:(2)(b)(i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or(2)(b)(ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302
- Automated teller machine: means an electronic information processing device that:
(1)(a) is readily accessible to the general public; and(1)(b) on behalf of an issuer:(1)(b)(i) dispenses currency or coin; or(1)(b)(ii) accepts deposits or payments. See Utah Code 7-16a-102- Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
- Board: means the Air Quality Board. See Utah Code 19-2-202
- Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
- Certified: means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. See Utah Code 19-2-202
- Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Cost: means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. See Utah Code 19-2-202
- Credit union: means a cooperative, nonprofit association incorporated under:
(6)(a) Chapter 9, Utah Credit Union Act; or(6)(b) Utah Code 7-1-103- Customer: means a user of a device for access. See Utah Code 7-16a-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
(8)(a) holds or receives deposits, savings, or share accounts;(8)(b) issues certificates of deposit; or(8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103- Depository institution holding company: means :
(9)(a)(i) a person other than an individual that:(9)(a)(i)(A) has control over a depository institution; or(9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or(9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103- Device for access: means a card, code, or other means of access to a customer's account, or any combination of these, that may be used to deposit or withdraw cash through an automated teller machine. See Utah Code 7-16a-102
- Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-202
- Division: means the Division of Arts and Museums. See Utah Code 9-6-102
- Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-202
- Electronic information processing device: means equipment activated by a device for access that transmits electronic impulses to a depository institution on a real-time or delayed-time basis. See Utah Code 7-16a-102
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Home state: means :
(14)(a) for a state chartered depository institution, the state that charters the institution;(14)(b) for a federally chartered depository institution, the state where the institution's main office is located; and(14)(c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103- Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
- Institution: means :
(19)(a) a corporation;(19)(b) a limited liability company;(19)(c) a partnership;(19)(d) a trust;(19)(e) an association;(19)(f) a joint venture;(19)(g) a pool;(19)(h) a syndicate;(19)(i) an unincorporated organization; or(19)(j) any form of business entity. See Utah Code 7-1-103- Issuer: means :
(5)(a) a depository institution that issues a device for access, whether or not the depository institution is an operator; or(5)(b) a state or federal governmental agency that issues a device for access that allows a person to receive benefits from or through the state or federal governmental agency. See Utah Code 7-16a-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
- Operator: means an institution that:
(7)(a)(7)(a)(i) is a depository institution;(7)(a)(ii) is a depository institution holding company; or(7)(a)(iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and(7)(b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Person: means :
(27)(a) an individual;(27)(b) a corporation;(27)(c) a limited liability company;(27)(d) a partnership;(27)(e) a trust;(27)(f) an association;(27)(g) a joint venture;(27)(h) a pool;(27)(i) a syndicate;(27)(j) a sole proprietorship;(27)(k) an unincorporated organization; or(27)(l) any form of business entity. See Utah Code 7-1-103- Point-of-sale terminal: means an electronic information processing device controlled by or accessible to a merchant or other provider of goods or services that authorizes:
(6)(a) in payment for goods or services, a debit or credit to a customer's account at:(6)(a)(i) a depository institution; or(6)(a)(ii) a state or federal governmental agency; and(6)(b) the merchant or other provider of goods or services to dispense currency or coin to a customer. See Utah Code 7-16a-102- Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403
- Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
- Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Savings and loan association: means :
(31)(a) a federal savings and loan association; and(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State: means , unless the context demands otherwise:
(33)(a) a state;(33)(b) the District of Columbia; or(33)(c) the territories of the United States. See Utah Code 7-1-103- State building or facility: means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. See Utah Code 9-6-403
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Verified: means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements. See Utah Code 19-2-202
- works of art: means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms. See Utah Code 9-6-403
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5 - Automated teller machine: means an electronic information processing device that: