1. A.

   1. 1. Any association may maintain and operate, subject to the approval of the State Banking Commissioner as evidenced by its certificate, outside attached facilities and two detached facilities having one or more tellers' windows for drive-in or walk-up service or both. Of the two detached facilities, permitted by this section, one may be on property owned or leased by the association and located less than one thousand (1,000) feet from the association's main office and one may be on property owned or leased by the association located less than three (3) miles from said main office.
   2. 2. Any branch may maintain and operate, subject to the approval of the Commissioner as evidenced by its certificate, one outside attached facility having one or more tellers' windows for drive-in or walk-up service or both on property owned or leased by the association.
   3. 3. The Commissioner shall not grant a certificate for a detached facility unless it is more than three hundred thirty (330) feet from any other existing main office or branch of another association or federal association or unless the facility is established with the irrevocable consent of such other association or federal association.
   4. 4. For purposes of this section, the distance limitation shall be determined by measuring along a straight line drawn between the nearest exterior wall of the appropriate main office building or branch building and the nearest exterior wall of the facility.

2. B.

   1. 1. No association shall be permitted to maintain and operate such additional outside facilities except upon certificate issued by the Commissioner. The issuance of the certificates shall rest solely as to the location in the discretion of the Commissioner.
   2. 2. The application for a certificate to maintain and operate a detached facility shall comply with the regulations of the Commissioner. An application fee shall be payable to the State Banking Department in an amount set by rule of the Commissioner.
   3. 3. Any association function may be performed at the facilities except that of making loans. Upon the recommendation of the Commissioner, the Attorney General shall bring an appropriate action to enjoin an association from conducting the making of loans at such facilities.
   4. 4. Any association validly operating a detached facility prior to May 3, 1990, shall be granted a certificate to continue its operation at such facility. Any such detached facility shall be grandfathered and shall not count against the number of detached facilities permitted by paragraph 1 of subsection A of this section, nor shall the distance limitations in that subsection be applicable.
   5. 5. The provisions of this section shall not be construed in derogation or denial of the right to operate and maintain facilities as provided for in Sections 381.24c and 381.24d of this title.
3. C. A violation of any portion of this section shall be and constitute a misdemeanor punishable upon conviction by a fine not exceeding Five Hundred Dollars ($500.00). Each day's violation shall constitute a separate offense.
4. D. Nothing contained in this section shall be construed to limit the authority of federal savings associations to maintain and operate outside or detached facilities in accordance with federal law and regulations.

Laws 1990, HB 2240, c. 173, § 21, emerg. eff. May 3, 1990; Amended by Laws 1993, SB 31, c. 183, § 45, emerg. eff. July 1, 1993.