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of  the  general  statutes  is  repealed  and  the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statutes  is  repealed  and   the   following   is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