Connecticut 2022 Regular Session Status: Enacted Bipartisan · 8 D · 1 R cosponsors

HB 5216 — AN ACT CONCERNING LOW-COST BANK ACCOUNTS.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2022. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    14 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 D · 1 R) — cross-party backing.

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Bill Text

What changed in the latest version

75 added · 212 removed

75 line(s) added, 212 removed.

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House of Representatives File No.
Substitute House Bill No.
513 General Assembly February Session, 2022Reprint of File No.
5216 Public Act No.
105) Substitute House Bill No.
22-77 AN ACT CONCERNING LOW-COST BANK ACCOUNTS.
5216 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner April 18, 2022 AN ACT CONCERNING LOW-COST BANK ACCOUNTS.
(1) "Banking institution" means any bank, trust company, savings bank,savingsandloanassociationorcreditunion,orbranchofa foreign banking corporation, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration,asapplicable,thatisincorporated,chartered,organized or licensed under the laws of this state or any other state or the United States, and, in the ordinary course of its business, offers consumer transaction accounts to the general public or, in the case of a credit union, to its members;
(1) "Banking institution" means any bank, trust company, savings bank,savingsandloanassociationorcreditunion,orbranchofaforeign banking corporation, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration,asapplicable,thatisincorporated,chartered,organized or licensed under the laws of this state or any other state or the United States, and, in the ordinary course of its business, offers consumer transaction accounts to the general public or, in the case of a credit union, to its members;
(2) "Basic banking account" means a consumer transaction account that meets the requirements established under subsections (c) and (d) of sHB5216 / File No.
(2) "Basic banking account" means a consumer transaction account that meets the requirements established under subsections (c) and (d) of this section;
513 sHB5216 File No.
and (3) "Consumer transaction account" means a demand deposit account, negotiable order of withdrawal account, share draft account or similar account used primarily for personal, family or household Substitute House Bill No.
513 this section;
5216 purposes.
and (3) "Consumer transaction account" means a demand deposit account, negotiable order of withdrawal account, share draft account or similar account used primarily for personal, family or household purposes.
(e) (1) A banking institution that posts, in the public area of its offices, sHB5216 / File No.
(e) (1) A banking institution that posts, in the public area of its offices, notice of the availability of its consumer transaction accounts other than its basic banking accounts, shall also post equally conspicuous notice, in Public Act No.
513 sHB5216 File No.
22-77 2 of 3 Substitute House Bill No.
513 notice of the availability of its consumer transaction accounts other than its basic banking accounts, shall also post equally conspicuous notice, in the same public areas and in the same manner, of the availability of its basic banking accounts.
5216 the same public areas and in the same manner, of the availability of its basic banking accounts.
This act shall take effect as follows and shall amend the following sections:
Approved May 31, 2022 Public Act No.
Section 1 January 1, 2023 New section sHB5216 / File No.
22-77 3 of 3
513 sHB5216 File No.
513 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation This bill, which requires certain banking institutions to offer consumers a basic banking account and meet minimum guidelines by January 1, 2023, does not result in any fiscal impact to the state or municipalities.
House "A" strikes the original bill and its associated fiscal impact, thus becoming the bill with the above referenced fiscal impact.
The Out Years State Impact:
None Municipal Impact:
None sHB5216 / File No.
513 4 sHB5216 File No.
513 OLR Bill Analysis sHB 5216 (as amended by House "A")* AN ACT CONCERNING LOW-COST BANK ACCOUNTS.
SUMMARY This bill requires certain banking institutions to offer Connecticut residents a “basic banking account” beginning July 1, 2023.
These consumer transaction accounts must:
1.
offer at no additional charge a debit card, in-network ATM access, deposits, check cashing for checks issued by the institution where the consumer holds the account, and electronic monthly statements and 2.
not charge fees for overdraft, insufficient funds, account activation, closure, dormancy or inactivity, or low balance.
Additionally, the accounts must not require a:
1.
minimum initial deposit of more than $25;
2.
minimum balance to maintain the account of more than $25;
or 3.
maintenance charge of more than $10 per periodic cycle (e.g., monthly billing cycle).
The bill applies to all “banking institutions,” which are banks, trust companies, savings banks, savings and loan associations, credit unions, or foreign bank branches insured by the Federal Deposit Insurance Corporation or National Credit Union Administration, as applicable.
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However, federal law may preempt the application of this bill to federally chartered institutions (see COMMENT).
Finally, the bill requires the banking commissioner, in evaluating banks and credit unions for compliance with the federal Community Reinvestment Act (CRA), to provide credit to banks or credit unions for sHB5216 / File No.
513 5 sHB5216 File No.
513 offering these accounts.
EFFECTIVE DATE:
January 1, 2023 *House Amendment “A” (1) eliminates the requirement that basic banking accounts offer checks and allows institutions to deny transactions that would overdraw the account, (2) caps minimum initial deposit and maintenance fee requirements for basic accounts, rather than allowing the commissioner to set them by regulation;
(3) requires the commissioner to provide CRA credit to institutions offering these accounts;
and (4) makes minor changes.
BASIC BANKING ACCOUNTS Under the bill, a basic banking account must be a consumer transaction account (i.e., demand deposit account, negotiable order of withdrawal (NOW) account, share draft account, or similar person, family, or household account).
In practice, these accounts are checking or savings accounts.
Certain account types, such as a NOW account, may require notice before making a withdrawal.
Terms and Conditions These accounts may be offered subject to the same rules, conditions, and terms normally applicable to the consumer transaction account offered by the financial institution that is most similar to its basic banking account.
The bill specifies that it does not require basic banking accounts to include any more enhanced account features, including preferred or incentive interest rates or rewards programs.
Overdrafts The bill also states that the terms and conditions of a basic banking account may allow the institution to not pay any check, electronic transaction, or other transaction that would overdraw the account.
Disclosures The bill requires a banking institution that publicly posts notices that it offers consumer transaction accounts other than basic banking accounts must post equally conspicuous notices, in the same area and sHB5216 / File No.
513 6 sHB5216 File No.
513 manner, indicating that it also offers basic banking accounts.
Similarly, the banking institutions must make descriptive material about basic banking accounts available in the same manner and public area as it does for its other consumer transaction accounts.
Finally, a banking institution that must post these notices must also post, in an equally conspicuous way and in the same public area and manner, the Department of Banking’s toll-free consumer hotline telephone number that can be used to file customer complaints.
Alternative Accounts In place of the basic banking account, the bill allows a banking institution to offer an alternative account or other banking services that the banking commissioner deems an appropriate substitute.
Additionally, any bank that offers a consumer transaction account providing the core features in the Bank On National Account Standards, or any similar standards as the commissioner determines, is deemed in compliance with the bill.
COMMENT National Bank Act (NBA) Preemption Federal law defines a “state consumer financial law,” as a state law that (1) does not discriminate against national banks and (2) directly regulates the manner, content, or terms and conditions of certain consumer financial transactions (12 U.S.C.
§ 25b(a)(2)).
These state laws are preempted if, among other things, they significantly interfere with a national bank’s exercise of its powers (12 U.S.C.
§ 25b(b), Barnett Bank of Marion County, N.A.
v.
Nelson, Florida Insurance Commissioner, et.
al.
517 U.S.
25, 33 (1996)).
Specifically, the NBA authorizes national banks to charge consumers non-interest charges and fees, including deposit account service charges (12 C.F.R.
§ 7.4002).
State laws that attempt to limit or prohibit these charges and fees are subject to preemption as determined by the Office of the Comptroller of the Currency (OCC) (12 C.F.R.
§ 7.4002(d)).
COMMITTEE ACTION Banking Committee Joint Favorable Substitute sHB5216 / File No.
513 7 sHB5216 File No.
513 Yea 17 Nay 0 (03/08/2022) sHB5216 / File No.
513 8
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-77

  5. IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 513

  9. SENATE CALENDAR NUMBER 364

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 105

  14. HOUSE CALENDAR NUMBER 108

  15. FAV. RPT., TABLED FOR HOUSE CALENDAR

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/22/22

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0301

  21. REF. TO JOINT COMM. ON Banking

Sponsors

Sponsorship breakdown

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14 sponsors · 0 co-sponsors · 173 not signed on

Sponsors (14)

Co-sponsors (0)

None.

Not signed on (173)

173 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors HB 5216?
HB 5216 is sponsored by Michel, David, Thomas, Stephanie, Susan M. Johnson (Democratic), Matthew Ritter (Democratic), Williams, Quentin, Joshua M. Hall (Democratic), Patricia A. Dillon (Democratic), Cheeseman, Holly H., Jason Doucette (Democratic), Tom Delnicki (Republican), Bobby G. Gibson (Democratic), Maroney, James J., Anne M. Hughes (Democratic), and Kenneth Gucker (Democratic).
What is the current status of HB 5216?
This bill has been enacted into law. Introduced February 24, 2022. Enacted.
Where can I track HB 5216?
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