N.Y. Banking Law § 75-m: Variances and exemptions from automated teller machine security measures

§ 75-m. Variances and exemptions from automated teller machine

security measures. 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;

and

(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.