California 2023 2023-2024 Regular Session

California Assembly Bill AB2017 Chaptered / Bill

Filed 09/24/2024

                    Assembly Bill No. 2017 CHAPTER 509An act to add Chapter 5.5 (commencing with Section 530) to Division 1 of the Financial Code, relating to financial institutions.  [ Approved by  Governor  September 24, 2024.  Filed with  Secretary of State  September 24, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2017, Grayson. Banks and credit unions: nonsufficient funds fees.Existing law, the Banking Law, defines and regulates banks and commits the enforcement of banking laws to the Commissioner of Financial Protection and Innovation. Existing law, the California Credit Union Law, defines and regulates credit unions and commits enforcement of credit union laws to the commissioner. Existing law requires a bank or credit union subject to the examination authority of the commissioner to report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined, collected in the most recently completed calendar year and the percentage of that revenue as a proportion of the net income of the bank.This bill would prohibit certain banks and credit unions from charging a consumer a nonsufficient funds fee when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously due to nonsufficient funds, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5.5 (commencing with Section 530) is added to Division 1 of the Financial Code, to read: CHAPTER 5.5. Nonsufficient Funds Fees530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.

 Assembly Bill No. 2017 CHAPTER 509An act to add Chapter 5.5 (commencing with Section 530) to Division 1 of the Financial Code, relating to financial institutions.  [ Approved by  Governor  September 24, 2024.  Filed with  Secretary of State  September 24, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2017, Grayson. Banks and credit unions: nonsufficient funds fees.Existing law, the Banking Law, defines and regulates banks and commits the enforcement of banking laws to the Commissioner of Financial Protection and Innovation. Existing law, the California Credit Union Law, defines and regulates credit unions and commits enforcement of credit union laws to the commissioner. Existing law requires a bank or credit union subject to the examination authority of the commissioner to report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined, collected in the most recently completed calendar year and the percentage of that revenue as a proportion of the net income of the bank.This bill would prohibit certain banks and credit unions from charging a consumer a nonsufficient funds fee when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously due to nonsufficient funds, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Assembly Bill No. 2017 CHAPTER 509

 Assembly Bill No. 2017

 CHAPTER 509

An act to add Chapter 5.5 (commencing with Section 530) to Division 1 of the Financial Code, relating to financial institutions. 

 [ Approved by  Governor  September 24, 2024.  Filed with  Secretary of State  September 24, 2024. ] 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2017, Grayson. Banks and credit unions: nonsufficient funds fees.

Existing law, the Banking Law, defines and regulates banks and commits the enforcement of banking laws to the Commissioner of Financial Protection and Innovation. Existing law, the California Credit Union Law, defines and regulates credit unions and commits enforcement of credit union laws to the commissioner. Existing law requires a bank or credit union subject to the examination authority of the commissioner to report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined, collected in the most recently completed calendar year and the percentage of that revenue as a proportion of the net income of the bank.This bill would prohibit certain banks and credit unions from charging a consumer a nonsufficient funds fee when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously due to nonsufficient funds, as specified.

Existing law, the Banking Law, defines and regulates banks and commits the enforcement of banking laws to the Commissioner of Financial Protection and Innovation. Existing law, the California Credit Union Law, defines and regulates credit unions and commits enforcement of credit union laws to the commissioner. Existing law requires a bank or credit union subject to the examination authority of the commissioner to report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined, collected in the most recently completed calendar year and the percentage of that revenue as a proportion of the net income of the bank.

This bill would prohibit certain banks and credit unions from charging a consumer a nonsufficient funds fee when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously due to nonsufficient funds, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 5.5 (commencing with Section 530) is added to Division 1 of the Financial Code, to read: CHAPTER 5.5. Nonsufficient Funds Fees530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Chapter 5.5 (commencing with Section 530) is added to Division 1 of the Financial Code, to read: CHAPTER 5.5. Nonsufficient Funds Fees530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.

SECTION 1. Chapter 5.5 (commencing with Section 530) is added to Division 1 of the Financial Code, to read:

### SECTION 1.

 CHAPTER 5.5. Nonsufficient Funds Fees530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.

 CHAPTER 5.5. Nonsufficient Funds Fees530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.

 CHAPTER 5.5. Nonsufficient Funds Fees

 CHAPTER 5.5. Nonsufficient Funds Fees

530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.



530. A bank or credit union subject to the examination authority of the commissioner shall not charge a consumer a nonsufficient funds fee, as defined in Section 521, when the consumers attempt to initiate a transaction is declined instantaneously or near instantaneously by the bank or credit union due to nonsufficient funds.