A BILL TO BE ENTITLED
AN ACT to require increased customer safety measures at unmanned automatic teller machines.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 53‑63(d1) reads as rewritten:
"(d1)	Subject to such rules and regulations as may be prescribed by the State Banking Commission with regard to the use, maintenance and supervision of, and the safety of the public while operating or using terminals, devices, and machines authorized by this subsection, any bank may establish off the premises of any principal office, branch or limited service facility a customer‑bank communications terminal, point‑of‑sale terminal, automated teller machine, automated banking facility or other direct or remote information‑processing device or machine, whether manned or unmanned, through or by means of which information relating to any financial service or transaction rendered to the public is stored and transmitted, instantaneously or otherwise, to or from a bank or other nonbank terminal; and the establishment and use of such a device or machine shall not be deemed a branch or limited service facility, and the capital requirements and standards for approval of a branch or limited service facility, all as set forth in subsections (b) and (c) of this section, shall not be applicable to the establishment of any such off‑premises terminal device or machine."
SECTION 2.  G.S. 54B‑77(a) reads as rewritten: 
"(a)	In addition to the powers granted under this Chapter, any savings and loan association incorporated or operated under the provisions of this Chapter is herein authorized to:
(1)	Establish off the premises of any principal office or branch a customer communications terminal, point‑of‑sale terminal, automated teller machine, automated or other direct or remote information‑processing device or machine, whether manned or unmanned, through or by means of which funds or information relating to any financial service or transaction rendered to the public is stored and transmitted, instantaneously or otherwise to or from an association terminal or terminals controlled or used by or with other parties; and the establishment and use of such a device or machine shall not be deemed to constitute a branch office and the capital requirements and standards for approval of a branch office as set forth in the statutes and regulations, shall not be applicable to the establishment of any such off‑premises terminal, device or machine; and associations may through mutual consent share on‑premises unmanned automated teller machines and cash dispensers. The Commissioner of Banks may prescribe rules and regulations with regard to the application for permission for use, maintenance and supervision  of, and the safety of the public while operating or using terminals, devices and  machines authorized by this subdivision;"
SECTION 3.  G.S. 54C‑146(a)(1) reads as rewritten:
"(a)	In addition to the powers granted under this Chapter, but subject to any rules that the Commissioner of Banks may prescribe, a savings bank incorporated or operated under this Chapter may:
(1)	Establish off the premises of any principal office or branch a customer communications terminal, point of sale terminal, automated teller machine, automated or other direct or remote information processing device or machine, whether manned or unmanned, through or by means of which funds or information relating to any financial service or transaction rendered to the public is stored and transmitted, instantaneously or otherwise to or from a savings bank terminal or terminals controlled or used by or with other parties. The establishment and use of a device or machine is not deemed to constitute a branch office, and the capital requirements and standards for approval of a branch office as set forth in the statutes and regulations are not applicable to the establishment of any off‑premises terminal, device or machine. Savings banks may, through mutual consent, share on‑premises, unmanned, automated teller machines and cash dispensers. The Commissioner of Banks shall adopt rules that provide for the safety of the public while operating or using terminals, devices, and machines authorized by this subdivision."
SECTION 4.  On or before October 1, 2003, the Commissioner of Banks shall adopt temporary rules to provide for the safety and protection of the public while operating or using customer communications terminals, point-of-sale terminals, automated teller machines, automated banking facilities, and other direct or remote information processing devices and machines.  In particular, the Commissioner shall adopt temporary rules to require that the terminals, devices, and machines be equipped with (i) safeguards such as posts or other barriers to prevent motor vehicles from intruding into the area where customers stand to use or operate the terminals, devices, and machines and (ii) intercoms, radios, or other means for customers to request and receive emergency assistance.
SECTION 5.   This act is effective when it becomes law.