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Senate Bill No. 1221

Public Act No. 05-47

AN ACT CONCERNING HOLIDAY CLOSING SCHEDULES FOR BANKS AND CREDIT UNIONS AND ALLOWING THE ACCEPTANCE OF PROPRIETARY AUTOMATED TELLER MACHINE DEPOSITS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 36a-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) The Governor is authorized, by proclamation, to designate and appoint one or more legal holidays, which shall include at a minimum the legal holidays designated in section 1-4, to be known as bank and credit union holidays, to be observed throughout this state, or to be observed in a certain county or town, or counties or towns, as specified in such proclamation. During such holiday period all banking and credit union transactions within the area in which such holiday is declared shall be suspended, except that the commissioner, with the approval of the Governor, may prescribe such conditions and restrictions for the conduct of banking and credit union business during such holiday period and within the area in which such holiday is declared as may appear to the commissioner to be in the best interest of the public. On one banking day that immediately precedes or follows any bank and credit union holiday, a bank or credit union may close any of its offices on its own initiative. Each such bank or credit union that closes an office on its own initiative shall provide the commissioner with forty-five-day advance notice of the date the office will be closed and shall post notice in the affected office for thirty days prior to the date such office will be closed.

Sec. 2. Subdivision (1) of subsection (a) of section 36a-145 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(1) "Branch" means any office at a fixed location of a Connecticut bank, other than the main office, at which deposits are received, checks paid and money lent and which, at a minimum, is open for banking business Monday through Friday, except as provided in subsection (a) of section 36a-23, as amended by this act.

Sec. 3. Section 36a-156 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) One or more banks, Connecticut credit unions or federal credit unions [which] that have established a satellite device or point of sale terminal shall make the satellite device or point of sale terminal available [on a nondiscriminatory basis] for use [by] (1) by their own customers for such transactions as such banks or credit unions choose to permit for the particular satellite device or point of sale terminal, (2) with respect to a satellite device, for withdrawals, transfers and balance inquiries by customers of any other bank, Connecticut credit union or federal credit union, and (3) with respect to a point of sale terminal, for withdrawals by customers of any other bank, Connecticut credit union or federal credit union. In the case of use pursuant to subdivision (2) or (3) of this subsection, such use shall be conditioned upon payment by each such other bank or credit union of a reasonably proportionate share of all acquisition, installation and operating costs of the satellite device or point of sale terminal. The satellite device or point of sale terminal shall identify with equal prominence all of the [banks, credit unions or] network systems which use the satellite device or point of sale terminal. The bank that owns the satellite device shall display its logo on such device. Nothing in this subsection shall be construed to prevent a bank, Connecticut credit union or federal credit union that has established a satellite device or point of sale terminal from offering other services to its own customers or to the customers of any other bank, Connecticut credit union or federal credit union at such device or terminal upon such terms as it shall deem appropriate.

(b) Any bank, Connecticut credit union or federal credit union which has established an automated teller machine which is not a satellite device may [, in its discretion,] permit any other bank, Connecticut credit union or federal credit union to use such automated teller machine, provided [, (1)] if such permission is granted to any other bank, Connecticut credit union or federal credit union, the automated teller machine is made available [on a nondiscriminatory basis] for use by any other bank, Connecticut credit union or federal credit union, upon payment of reasonably proportionate costs as described under subsection (a) of this section. [, and (2) such use is otherwise in accordance with subsection (a) of this section. ]

Approved May 17, 2005