WILLIAM DONALD SCHAEFER, Governor                           S.B. 382

(III)    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;

(IV)    USE ANOTHER AUTOMATED TELLER MACHINE OR RETURN AT
A LATER TIME IF ANYTHING SUSPICIOUS IS NOTICED;

(V)     CANCEL A TRANSACTION, PLACE THE ACCESS DEVICE IN A
POCKET, AND LEAVE IF ANYTHING SUSPICIOUS IS NOTICED WHEN USING AN
AUTOMATED TELLER MACHINE; AND

(VI)    IMMEDIATELY REPORT ALL CRIMES TO THE OPERATOR OF
THE AUTOMATED TELLER MACHINE AND TO LOCAL LAW ENFORCEMENT
OFFICIALS.

(6) FOR AN ACCESS DEVICE ISSUED BEFORE JANUARY 1, 1995,
COMPLIANCE WITH THE PROVISIONS OF THIS SUBSECTION SHALL BE OPTIONAL
UNLESS:

(I)       A CUSTOMER REQUESTS IN WRITING THAT THE NOTICE
REQUIRED BY THIS SUBSECTION BE PROVIDED; OR

(II)     THE ACCESS DEVICE IS REISSUED, RENEWED, OR REPLACED
ON OR AFTER JANUARY 1, 1995.

(F) (1) ONLY THE STATE MAY ENACT A LAW REGARDING CUSTOMER
SAFETY AT AUTOMATED TELLER MACHINES.

(2)      THIS SECTION SHALL PREEMPT ANY LOCAL LAW GOVERNING
CUSTOMER SAFETY AT AUTOMATED TELLER MACHINES.

(6) COMPLIANCE WITH THIS SECTION CREATES A REBUTTABLE

PRESUMPTION THAT:

(1) AN AUTOMATED TELLER MACHINE WAS OPERATED AND
MAINTAINED IN A REASONABLE, SECURE, AND APPROPRIATE MANNER; AND

(2)      AN OPERATOR OF AN AUTOMATED TELLER MACHINE, AN ISSUER OF
AN ACCESS DEVICE, AND A PERSON WHO CONTROLS AN ACCESS AREA OR
DESIGNATED PARKING AREA HAVE PROVIDED ADEQUATE MEASURES FOR THE
SAFETY OF CUSTOMERS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
January 1, 1995.

May 26, 1994

The Honorable Thomas V. Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

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