PARRIS N. GLENDENING, Governor

Ch. 181

1. Whose primary function is to provide for the exchange,
transfer, or dissemination of electronic fund transfer data; and

2. That is not otherwise an operator or person who controls an
access area or designated parking area.

(ii) A person described in item (i) of this paragraph shall have no
liability to a customer or user of an automated teller machine for any claim relating to;

1. Any provision of SUBSECTION (C), (D), OR (E) OF this

section; or

2. The use or attempted use of an automated teller machine.

(2) [This section does] SUBSECTION (C), (D), OR (E) OF THIS SECTION DO
not apply to an automated teller machine which:

(i) Is located inside a building:

1. Unless the building is a freestanding installation which exists
solely to provide an enclosure for the automated teller machine; or

2. Except to the extent that a transaction can be conducted

from outside the building; or

(ii) Is located in any area, including any access area, building, enclosed
space, or parking area, which is not controlled by the operator.

(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 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.

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