WILLIAM DONALD SCHAEFER, Governor                           S.B. 365

(C)      (1) 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.

(2)      THE PROCEDURES SHALL INCLUDE A CONSIDERATION OF:

(I)       THE EXTENT TO WHICH THE LIGHTING FOR THE AUTOMATED
TELLER MACHINE COMPLIES OR WILL COMPLY WITH THE STANDARDS DESCRIBED
IN THIS SECTION; AND

(II)     THE PRESENCE OF LANDSCAPING, VEGETATION, OR OTHER
OBSTRUCTIONS IN THE AREA OF THE AUTOMATED TELLER MACHINE, THE ACCESS
AREA, AND THE DEFINED PARKING AREA.

(3)      (I) 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.

(II)     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.

(III)    THIS SUBSECTION DOES NOT IMPOSE A DUTY TO EVALUATE
THE SAFETY OF A LOCATION, RELOCATE AN AUTOMATED TELLER MACHINE,
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.

(D)     (1) 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.

(2) 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:

(I)       AT LEAST 2 CANDLEFOOT POWER WITHIN 50 FEET FROM ALL
UNOBSTRUCTED DIRECTIONS FROM THE FACE OF THE AUTOMATED TELLER
MACHINE;

(II)     AT LEAST 2 CANDLEFOOT POWER IN THAT PORTION OF THE
DEFINED PARKING AREA WITHIN 60 FEET OF THE AUTOMATED TELLER MACHINE;
AND

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