As used in this chapter:

(1)  “Automated teller machine” means an electronic information processing device that:

Terms Used In Utah Code 7-16a-102

  • Automated teller machine: means an electronic information processing device that:
(a) is readily accessible to the general public; and
(b) on behalf of an issuer:
(i) dispenses currency or coin; or
(ii) accepts deposits or payments. See Utah Code 7-16a-102
  • Customer: means a user of a device for access. See Utah Code 7-16a-102
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (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 :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (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
  • 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
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Issuer: means :
    (a) a depository institution that issues a device for access, whether or not the depository institution is an operator; or
    (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
  • Operator: means an institution that:
    (a) 
    (i) is a depository institution;
    (ii) is a depository institution holding company; or
    (iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and
    (b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
    (a)  is readily accessible to the general public; and

    (b)  on behalf of an issuer:

    (i)  dispenses currency or coin; or

    (ii)  accepts deposits or payments.
  • (2)  “Customer” means a user of a device for access.

    (3)  “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.

    (4)  “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.

    (5)  “Issuer” means:

    (a)  a depository institution that issues a device for access, whether or not the depository institution is an operator; or

    (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.

    (6)  “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:

    (a)  in payment for goods or services, a debit or credit to a customer’s account at:

    (i)  a depository institution; or

    (ii)  a state or federal governmental agency; and

    (b)  the merchant or other provider of goods or services to dispense currency or coin to a customer.

    (7)  “Operator” means an institution that:

    (a) 

    (i)  is a depository institution;

    (ii)  is a depository institution holding company; or

    (iii)  is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and

    (b)  owns or contracts with an owner of an automated teller machine to operate the automated teller machine.

    Enacted by Chapter 111, 1997 General Session