Amended IN Senate April 09, 2024 Amended IN Senate April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1075Introduced by Senators Bradford and LimnFebruary 12, 2024An act to add Section 14053 to the Financial Code, relating to credit unions. LEGISLATIVE COUNSEL'S DIGESTSB 1075, as amended, Bradford. Credit unions: overdraft and nonsufficient funds fees.The California Credit Union Law generally provides for the organization and regulation of credit unions by the Commissioner of Financial Protection and Innovation. Existing law requires a credit union subject to the examination authority of the commissioner to report annually to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined and specified.This bill would require a credit union to provide a customer at least 5 business days before requiring payment of an overdraft fee or nonsufficient funds fee to give the customer an opportunity to repay the amount that triggered the fee. The bill would prohibit a credit union from charging more than 3 of those fees overdraft fees and nonsufficient funds fees per month. The bill would require a credit union to disclose these requirements to all customers by January 31, 2025, and then annually thereafter.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. Section 14053 is added to the Financial Code, to read:14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. Amended IN Senate April 09, 2024 Amended IN Senate April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1075Introduced by Senators Bradford and LimnFebruary 12, 2024An act to add Section 14053 to the Financial Code, relating to credit unions. LEGISLATIVE COUNSEL'S DIGESTSB 1075, as amended, Bradford. Credit unions: overdraft and nonsufficient funds fees.The California Credit Union Law generally provides for the organization and regulation of credit unions by the Commissioner of Financial Protection and Innovation. Existing law requires a credit union subject to the examination authority of the commissioner to report annually to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined and specified.This bill would require a credit union to provide a customer at least 5 business days before requiring payment of an overdraft fee or nonsufficient funds fee to give the customer an opportunity to repay the amount that triggered the fee. The bill would prohibit a credit union from charging more than 3 of those fees overdraft fees and nonsufficient funds fees per month. The bill would require a credit union to disclose these requirements to all customers by January 31, 2025, and then annually thereafter.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Senate April 09, 2024 Amended IN Senate April 08, 2024 Amended IN Senate April 09, 2024 Amended IN Senate April 08, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1075 Introduced by Senators Bradford and LimnFebruary 12, 2024 Introduced by Senators Bradford and Limn February 12, 2024 An act to add Section 14053 to the Financial Code, relating to credit unions. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 1075, as amended, Bradford. Credit unions: overdraft and nonsufficient funds fees. The California Credit Union Law generally provides for the organization and regulation of credit unions by the Commissioner of Financial Protection and Innovation. Existing law requires a credit union subject to the examination authority of the commissioner to report annually to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined and specified.This bill would require a credit union to provide a customer at least 5 business days before requiring payment of an overdraft fee or nonsufficient funds fee to give the customer an opportunity to repay the amount that triggered the fee. The bill would prohibit a credit union from charging more than 3 of those fees overdraft fees and nonsufficient funds fees per month. The bill would require a credit union to disclose these requirements to all customers by January 31, 2025, and then annually thereafter. The California Credit Union Law generally provides for the organization and regulation of credit unions by the Commissioner of Financial Protection and Innovation. Existing law requires a credit union subject to the examination authority of the commissioner to report annually to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined and specified. This bill would require a credit union to provide a customer at least 5 business days before requiring payment of an overdraft fee or nonsufficient funds fee to give the customer an opportunity to repay the amount that triggered the fee. The bill would prohibit a credit union from charging more than 3 of those fees overdraft fees and nonsufficient funds fees per month. The bill would require a credit union to disclose these requirements to all customers by January 31, 2025, and then annually thereafter. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 14053 is added to the Financial Code, to read:14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 14053 is added to the Financial Code, to read:14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. SECTION 1. Section 14053 is added to the Financial Code, to read: ### SECTION 1. 14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. 14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. 14053. (a) For purposes of this section, the following definitions apply:(1) Fee means a nonsufficient funds fee or an overdraft fee.(2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment.(3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance.(b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee.(c) A credit union shall not charge more than three fees per month.(d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter. 14053. (a) For purposes of this section, the following definitions apply: (1) Fee means a nonsufficient funds fee or an overdraft fee. (2) Nonsufficient funds fee means a fee resulting from the initiation of a transaction that exceeds the customers account balance if the customers credit union declines to make the payment. (3) Overdraft fee means a fee resulting from the processing of a transaction that exceeds a customers account balance. (b) A credit union shall provide a customer at least five business days before requiring payment of a an overdraft fee to give the customer an opportunity to repay the amount that triggered the overdraft fee. (c) A credit union shall not charge more than three fees per month. (d) A credit union shall disclose the requirements of subdivisions (b) and (c) to all customers by January 31, 2025, and then annually thereafter.