Substitute Senate Bill No. 231
Substitute Senate Bill No. 231
PUBLIC ACT NO. 98-65
AN ACT CONCERNING THE EXAMINATION OF ELECTRONIC
DATA PROCESSING SERVICERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 36a-17 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) The commissioner, in the commissioner's
discretion, may make such public or private
investigations or examinations within or outside
this state, concerning any person subject to the
jurisdiction of the commissioner, as the
commissioner deems necessary to carry out the
duties of the commissioner.
(b) ANY CONNECTICUT BANK WHICH CAUSES OR HAS
CAUSED ANY ELECTRONIC DATA PROCESSING SERVICES TO
BE PERFORMED FOR SUCH CONNECTICUT BANK EITHER ON
OR OFF ITS PREMISES BY AN ELECTRONIC DATA
PROCESSING SERVICER SHALL ENTER INTO A WRITTEN
CONTRACT WITH SUCH SERVICER. SUCH CONTRACT SHALL
SPECIFY THE DUTIES AND RESPONSIBILITIES OF THE
CONNECTICUT BANK AND SUCH SERVICER AND PROVIDE
THAT SUCH SERVICER SHALL ALLOW THE COMMISSIONER TO
EXAMINE SUCH SERVICER'S BOOKS, RECORDS AND
COMPUTER SYSTEMS IN ACCORDANCE WITH THIS
SUBSECTION, IF REQUIRED BY THE COMMISSIONER. THE
CONNECTICUT BANK SHALL PROMPTLY SEND A COPY OF
SUCH CONTRACT TO THE COMMISSIONER. THE
COMMISSIONER MAY EXAMINE THE BOOKS, RECORDS AND
COMPUTER SYSTEMS OF ANY ELECTRONIC DATA PROCESSING
SERVICER THAT PERFORMS ELECTRONIC DATA PROCESSING
SERVICES FOR A CONNECTICUT BANK, IF SUCH SERVICES
SUBSTANTIALLY IMPACT THE OPERATIONS OF THE
CONNECTICUT BANK AS DETERMINED BY THE
COMMISSIONER, IN ORDER TO (1) DETERMINE WHETHER
SUCH SERVICER HAS THE CAPACITY TO PROTECT THE
CONNECTICUT BANK'S CUSTOMER INFORMATION AND (2)
ASSESS SUCH SERVICER'S POTENTIAL FOR CONTINUED
SERVICE. THE COMMISSIONER MAY ASSESS A FEE OF ONE
HUNDRED FIFTY DOLLARS PER DAY PLUS COSTS FOR EACH
EXAMINER WHO CONDUCTS SUCH EXAMINATION, THE TOTAL
COST OF WHICH THE COMMISSIONER MAY ALLOCATE ON A
PRO RATA BASIS TO ALL CONNECTICUT BANKS UNDER
CONTRACT WITH SUCH SERVICER.
[(b)] (c) For the purpose of any
investigation, examination or proceeding under
this title the commissioner may administer oaths
and affirmations, subpoena witnesses, compel
attendance of witnesses, take evidence, require
written statements and require the production of
any records which the commissioner deems relevant
or material. The commissioner may require that
certified copies of any such records be provided
to the commissioner at the commissioner's office.
[(c)] (d) Any person who is the subject of
any such investigation, examination or proceeding
shall make its records available to the
commissioner in readable form; provide personnel
and equipment necessary, including, but not
limited to, assistance in the analysis of
computer-generated records; provide copies or
computer printouts of records when so requested;
furnish unrestricted access to all areas of its
principal place of business or wherever records
may be located; and otherwise cooperate with the
commissioner.
[(d)] (e) The superior court for the judicial
district of Hartford-New Britain*, upon
application of the commissioner, may issue to any
person refusing to obey a subpoena issued pursuant
to subsection [(b)] (c) of this section an order
requiring that person to appear before the
commissioner or any officer designated by the
commissioner to produce records so ordered or to
give evidence concerning the matter under
investigation or in question. Failure to obey the
order of the court may be punished by the court as
a contempt of court.
[(e)] (f) A licensee under section 36a-489,
36a-511, 36a-536, 36a-555, AS AMENDED, 36a-581,
36a-600, 36a-633, 36a-656 or 36a-801, shall pay to
the commissioner the actual cost of any
examination of the licensee, as such cost is
determined by the commissioner. Failure by the
licensee to pay such cost within thirty days of
receipt of demand from the commissioner shall
automatically suspend the license until the costs
are paid.
[(f)] (g) As used in this section, "records"
includes, but is not limited to, books, papers,
correspondence, memoranda, agreements, diaries,
logs, notes, ledgers, journals, visual, audio,
magnetic or electronic recordings, computer
printouts and software, and any other documents.
Approved May 19, 1998