House Bill No. 6508
House Bill No. 6508
PUBLIC ACT NO. 97-157
AN ACT CONCERNING SATELLITE DEVICES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (d) of section 36a-65
of the general statutes is repealed and the
following is substituted in lieu thereof:
(d) (1) The fee for investigating and
processing each application is as follows:
(A) Establishment of a branch or limited
branch, sale of a branch or relocation of a main
office of a Connecticut bank, two thousand
dollars, except in the case of a conversion from a
branch to a limited branch and a limited branch to
a branch, a reasonable fee not to exceed two
thousand dollars.
(B) Relocation of a branch, one thousand five
hundred dollars.
[(C) Establishment and use of a satellite
device, one hundred fifty dollars.]
[(D)] (C) Merger, consolidation or
acquisition under section 36a-125 or 36a-181, or
purchase of assets or assumption of liabilities,
other than by a Connecticut credit union or
federal credit union, under section 36a-210, two
thousand five hundred dollars if two institutions
are involved and five thousand dollars if three or
more institutions are involved.
[(E)] (D) Organization of a Connecticut bank,
fifteen thousand dollars, except in the case of an
interim bank, two thousand dollars.
[(F)] (E) Reorganization of a mutual savings
institution into a mutual holding company, five
thousand dollars.
[(G)] (F) Conversions under sections 36a-135
to 36a-138, inclusive, five thousand dollars.
(2) The fee for investigating and processing
each acquisition statement filed under section
36a-184, two thousand five hundred dollars.
(3) The fee for processing a notice of
closing of a branch or limited branch, a
reasonable fee not to exceed two thousand dollars.
(4) The fee for miscellaneous investigations,
one hundred dollars per day.
Sec. 2. Section 36a-155 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) One or more banks, Connecticut credit
unions or federal credit unions may establish, and
use on a transaction fee basis, automated teller
machines that are not satellite devices within
this state, and use on a transaction fee basis
automated teller machines that are not satellite
devices located within this state or established
outside this state. One or more banks, Connecticut
credit unions or federal credit unions may
establish satellite devices within this state
[with the approval of the commissioner for each
location] and one or more banks, Connecticut
credit unions or federal credit unions may use on
a transaction fee basis satellite devices located
within this state or established outside this
state. [In reviewing an application to establish a
satellite device, the commissioner may consider
the convenience and necessity to the public.] Any
bank, Connecticut credit union or federal credit
union may establish and use point of sale
terminals. Nothing in this chapter shall prohibit
the establishment or use of a point of sale
terminal located within this state by a commercial
establishment located within this state.
(b) The commissioner may adopt such
regulations in accordance with the provisions of
chapter 54 as may be necessary to carry out the
purpose of sections 36a-155 to 36a-159, inclusive,
and section 36a-170. Such regulations may include,
but shall not be limited to: (1) Requirements for
the filing of information with the commissioner by
any financial institution, network or processor in
connection with (A) the establishment or use of
automated teller machines, point of sale terminals
or similar retail electronic banking facilities in
this state, (B) the provision of home banking
services in this state, and (C) the provision of
network or processing services in this state; (2)
provisions concerning services that may be
provided at automated teller machines, point of
sale terminals or similar retail electronic
banking facilities located in this state, or by
means of home banking terminals located in this
state, including services that may be offered on a
proprietary basis; AND (3) provisions concerning
the safety of persons using automated teller
machines or similar retail electronic banking
facilities. [; and (4) the establishment of fees
for investigation of applications to establish
satellite devices pursuant to subdivision (1) of
subsection (d) of section 36a-65.] As used in this
subsection, "financial institution" means any
bank, Connecticut credit union, federal credit
union, out-of-state bank or out-of-state credit
union authorized under Connecticut or federal law
to accept deposits within this state, or any other
person having a place of business in this state
who holds an account belonging to a consumer and
who agrees with the consumer to provide electronic
fund transfer services subject to the provisions
of 12 CFR Part 205, as from time to time amended,
at automated teller machines, point of sale
terminals or similar retail electronic banking
facilities in this state; "account" means a demand
deposit, savings deposit, share, member or other
consumer asset account, held either directly or
indirectly, and established primarily for
personal, family or household purposes, including
a line of credit extended to a consumer, but not
including an occasional or incidental credit
balance in a credit plan; "consumer" means a
natural person residing in this state; "network"
means one or more financial institutions or other
persons that own and operate one or more network
systems or facilities, or provide communications
or processing services to one or more automated
teller machines, point of sale terminals or
similar retail electronic banking facilities
located in this state, or to one or more home
banking terminals located in this state; and
"processor" means one or more persons that provide
communications, processing, clearing, settlement
or related services to one or more financial
institutions in connection with the operation of
one or more automated teller machines, point of
sale terminals or similar retail electronic
banking facilities located in this state, or one
or more home banking terminals located in this
state.
Sec. 3. This act shall take effect from its
passage.
Approved June 24, 1997