1. Except in cities having a population of one million or more, and in accordance
with the guidelines set forth in this article, the superintendent, pursuant to rules
and regulations promulgated by the superintendent, and upon written request of a banking
institution, may approve variances which provide substitute security measures that
are substantially as safe as the requirements of any of the security measures contained
in this article, or exemptions from such measures, with respect to an automated teller
machine facility or facilities operated by such banking institution;
2. In no event, however, shall the superintendent vary or exempt any such measures
unless he or she shall have received the following items, in form and substance satisfactory
to him or her:
(a) a resolution or declaration of the governing body of the city, village, or town
in which such automated teller machine facility is located consenting to any such
variance or exemption; and
(b) written certification from the banking institution's security officer, appointed
in accordance with federal law, that, in his or her professional judgment, either
the variance will provide security measures which are substantially as safe as those
which are otherwise required by this article or the exemption is warranted, as applicable;
(c) in the event the request for any such variance or exemption is premised upon the
impracticability or burdensome expense that would result from compliance with the
security provisions contained in this article, and such impracticability or expense
is attributable to the manner in which the building in which such automated teller
machine facility is, or is to be, located, constructed, configured or otherwise situated,
written certification to such effect from an expert with competence in the areas of
renovation and/or design, as may be appropriate; and
(d) such other evidence or information as the superintendent may, in his or her sole
discretion, deem appropriate or necessary.
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