Connecticut 2020 Regular Session

Connecticut House Bill HB05489 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 5489
66 February Session, 2020
77 LCO No. 2640
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1010 Referred to Committee on COMMERCE
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1919 AN ACT ESTABLISHING A REGULATORY SANDBOX PROGRAM.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. (NEW) (Effective October 1, 2020) (a) For the purposes of this 1
2424 section: 2
2525 (1) "Applicable agency" means a department or agency of this state 3
2626 that may regulate the type of financial product or service that comprises 4
2727 an innovative product or service in the state and persons who provide 5
2828 such product or service, including issuances of licenses or other types of 6
2929 authorization, which the Department of Economic and Community 7
3030 Development determines would otherwise regulate a sandbox 8
3131 participant; 9
3232 (2) "Applicant" means an individual or entity that is applying to 10
3333 participate in the regulatory sandbox; 11
3434 (3) "Blockchain technology" means the use of a digital database 12
3535 containing records of financial transactions, which can be 13
3636 simultaneously used and shared within a decentralized, publicly 14
3737 accessible network and can record transactions between two parties in 15 Raised Bill No.
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4141 a verifiable and permanent way; 16
4242 (4) "Commissioner" means the Commissioner of Economic and 17
4343 Community Development; 18
4444 (5) "Consumer" means a person that purchases or otherwise enters 19
4545 into a transaction or agreement to receive an innovative product or 20
4646 service that is being tested by a sandbox participant; 21
4747 (6) "Department" means the Department of Economic and 22
4848 Community Development; 23
4949 (7) "Financial product or service" means (A) a financial product or 24
5050 service that requires state licensure or registration, or (B) a financial 25
5151 product or service that includes a business model, delivery mechanism 26
5252 or element that may require a license or other authorization to act as a 27
5353 financial institution, enterprise or other entity that is regulated by the 28
5454 provisions of title 36a of the general statutes or other related provisions. 29
5555 "Financial product or service" does not include a product or service that 30
5656 is regulated by the provisions of title 38a or chapter 672a of the general 31
5757 statutes; 32
5858 (8) "Innovation" means the use or incorporation of a new or emerging 33
5959 technology or a new use of existing technology, including, but not 34
6060 limited to, blockchain technology, to address a problem, provide a 35
6161 benefit or otherwise offer a product, service, business model or delivery 36
6262 mechanism that is not known by the department to have a comparable 37
6363 widespread offering in the state; 38
6464 (9) "Innovative product or service" means a financial product or 39
6565 service that includes an innovation; 40
6666 (10) "Person" means any person, including individuals, firms, 41
6767 partnerships, associations, cooperatives, limited liability companies or 42
6868 corporations, public or private, for profit or nonprofit, organized or 43
6969 existing under the laws of the state or any other state; 44
7070 (11) "Regulatory sandbox" means the program established in 45 Raised Bill No.
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7474 subsection (b) of this section, which allows a person to temporarily test 46
7575 an innovative product or service on a limited basis without otherwise 47
7676 being licensed or authorized to act under any other provision of the 48
7777 general statutes; 49
7878 (12) "Sandbox participant" means a person whose application to 50
7979 participate in the regulatory sandbox is approved in accordance with 51
8080 the provisions of this section; and 52
8181 (13) "Test" means to provide an innovative product or service in 53
8282 accordance with the provisions of this section. 54
8383 (b) There is established within the Department of Economic and 55
8484 Community Development the regulatory sandbox program. Said 56
8585 program shall enable a person to obtain limited access to the market in 57
8686 this state to test innovative financial products or services without 58
8787 obtaining a license or other authorization that otherwise might be 59
8888 required. 60
8989 (c) (1) Notwithstanding any provision of the general statutes, any 61
9090 person may submit an application to the Commissioner of Economic 62
9191 and Community Development to enter the regulatory sandbox to test 63
9292 an innovation, provided such person is subject to the jurisdiction of the 64
9393 state and has established a physical location in the state, from which 65
9494 testing will be developed and performed and where all records, 66
9595 documents and data relating to such innovation will be maintained. 67
9696 Applications to enter the regulatory sandbox shall be submitted to the 68
9797 commissioner at such times and on such forms as the commissioner may 69
9898 prescribe. 70
9999 (2) Each application shall include, but need not be limited to: (A) 71
100100 Relevant personal and contact information for the applicant, including 72
101101 legal name, address, telephone number, email address, Internet web site 73
102102 address and any other information required by the commissioner; (B) 74
103103 disclosure of any criminal convictions of the applicant and other 75
104104 personnel who will participate in the testing of the innovation; (C) 76
105105 documentation that demonstrates to the commissioner's satisfaction 77 Raised Bill No.
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109109 that the applicant has the necessary personnel, financial and technical 78
110110 expertise, access to capital and a plan to test, monitor and assess the 79
111111 innovative product or service; (D) a description of the innovative 80
112112 product or service to be tested, including statements regarding the 81
113113 following: (i) How the innovative product or service is subject to 82
114114 licensing or other authorization requirements outside of the regulatory 83
115115 sandbox; (ii) how the innovative product or service would benefit 84
116116 consumers; (iii) how the innovative product or service is different from 85
117117 other products or services available in this state; (iv) what risks may 86
118118 confront consumers that use or purchase the innovative product or 87
119119 service; (v) how participating in the regulatory sandbox would enable a 88
120120 successful test of the innovative product or service; (vi) a description of 89
121121 the proposed testing plan, including estimated time periods for 90
122122 beginning the test, ending the test and obtaining licensure or 91
123123 authorizations after the testing is complete; (vii) a description of how 92
124124 the applicant will end the test and protect consumers if the test fails; and 93
125125 (viii) how the applicant will employ cybersecurity measures to avoid 94
126126 breaches and protect consumer and transaction data. After an 95
127127 application is filed, the commissioner may request any additional 96
128128 information from the applicant that the commissioner deems necessary 97
129129 to assess such application. 98
130130 (3) The Department of Economic and Community Development may 99
131131 charge any applicant an application fee in an amount determined by the 100
132132 commissioner. 101
133133 (4) An applicant shall submit a separate application for each 102
134134 innovative product or service that the applicant intends to test. 103
135135 (5) In reviewing an application under this subsection, the 104
136136 commissioner shall: (A) In consultation with each applicable agency, 105
137137 determine (i) whether the applicable agency has previously issued a 106
138138 license or other authorization to the applicant, (ii) whether the 107
139139 applicable agency has previously investigated, sanctioned or pursued 108
140140 legal action against the applicant, (iii) whether the applicant could 109
141141 obtain a license or other authorization from the applicable agency after 110 Raised Bill No.
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145145 exiting the regulatory sandbox, and (iv) whether certain licensure or 111
146146 other regulations should not be waived even if the applicant is accepted 112
147147 into the regulatory sandbox; (B) obtain approval from each applicable 113
148148 agency for the applicant to enter the regulatory sandbox; and (C) 114
149149 consider whether a competitor to the applicant is or has been a sandbox 115
150150 participant and, if so, favor allowing the applicant to become a sandbox 116
151151 participant. 117
152152 (6) If the commissioner and each applicable agency approve 118
153153 admitting an applicant into the regulatory sandbox, such applicant may 119
154154 become a sandbox participant. 120
155155 (7) The commissioner may deny any application submitted under this 121
156156 subsection for any reason, at the commissioner's discretion. 122
157157 (8) Not later than ninety days after a complete application is received 123
158158 by the commissioner, the commissioner shall inform the applicant as to 124
159159 whether such application is approved, except that the commissioner and 125
160160 the applicant may mutually agree to extend the time period for the 126
161161 commissioner to determine whether an application is approved. If the 127
162162 commissioner denies an application, the commissioner shall provide a 128
163163 written description of the reasons for the denial to the applicant. 129
164164 (d) (1) If the commissioner approves an application under subsection 130
165165 (c) of this section, the sandbox participant may test the innovative 131
166166 product or service described in such sandbox participant's application 132
167167 for twenty-four-months after the date of such application's approval. 133
168168 (2) An innovative product or service that is tested within the 134
169169 regulatory sandbox is subject to the following limitations: (A) 135
170170 Consumers of such innovative product or service shall be residents of 136
171171 the state; (B) the department may, on a case-by-case basis, specify the 137
172172 maximum number of consumers that may transact through or enter into 138
173173 an agreement to use the innovative product or service; (C) for a sandbox 139
174174 participant testing a consumer loan, the department may, on a case-by-140
175175 case basis, specify the maximum amount of an individual loan that may 141
176176 be issued to an individual consumer or the maximum amount of 142 Raised Bill No.
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180180 aggregate loans that may be issued to an individual consumer; and (D) 143
181181 for a sandbox participant testing an innovative product or service that 144
182182 would normally require a money transmission license under section 145
183183 36a-597 of the general statutes, the department may, on a case-by-case 146
184184 basis, specify the maximum amount of a single transaction for an 147
185185 individual consumer or the maximum aggregate amount of transactions 148
186186 for an individual consumer. 149
187187 (3) This subsection shall not be construed to restrict a sandbox 150
188188 participant who holds a license or other authorization in another 151
189189 jurisdiction from acting in accordance with such license or other 152
190190 authorization. 153
191191 (4) A sandbox participant shall be deemed to possess an appropriate 154
192192 license under the laws of this state for the purposes of any provision of 155
193193 federal law requiring state licensure or authorization. 156
194194 (5) Except as otherwise provided in this section, a sandbox 157
195195 participant that is testing an innovative product or service is not subject 158
196196 to state laws that regulate financial products and services. 159
197197 (6) (A) The commissioner may apply any provision of the general 160
198198 statutes that regulates a financial product or service to a sandbox 161
199199 participant if the commissioner determines that: (i) An applicant's plan 162
200200 to protect consumers will not adequately protect consumers from the 163
201201 harm that such provision addresses; and (ii) the benefits to consumers 164
202202 of applying such provision outweigh the potential benefits to 165
203203 consumers from increased competition, innovation and consumer 166
204204 access that waiving such provision, in conjunction with the applicant's 167
205205 ability to compensate consumers who may be harmed, would provide; 168
206206 and (B) if the commissioner determines that certain provisions of the 169
207207 general statutes that regulate a financial product or service apply to a 170
208208 sandbox participant, the commissioner shall notify the sandbox 171
209209 participant of such applicable provisions. 172
210210 (7) Notwithstanding any other provision of this section, a sandbox 173
211211 participant shall not have immunity related to any criminal offense 174 Raised Bill No.
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215215 committed during the sandbox participant's participation in the 175
216216 regulatory sandbox. 176
217217 (8) By written notice, the commissioner may end a sandbox 177
218218 participant's participation in the regulatory sandbox at any time and for 178
219219 any reason, including if the commissioner determines a sandbox 179
220220 participant is not operating in good faith to bring an innovative product 180
221221 or service to market. 181
222222 (e) (1) Before providing an innovative product or service to a 182
223223 consumer, a sandbox participant shall disclose the following to the 183
224224 consumer: (A) The name and contact information of the sandbox 184
225225 participant; (B) that the innovative product or service is authorized 185
226226 pursuant to the provisions of this section and, if applicable, that the 186
227227 sandbox participant does not have a license or other authorization to 187
228228 provide such product or service under any other provision of the 188
229229 general statutes; (C) that the innovative product or service is undergoing 189
230230 testing and may not function as intended and may expose the customer 190
231231 to financial risk; (D) that the provider of the innovative product or 191
232232 service may be civilly liable for any losses or damages caused by the 192
233233 innovative product or service; (E) that the state does not endorse or 193
234234 recommend the innovative product or service; (F) that the innovative 194
235235 product or service is a temporary test that may be discontinued at the 195
236236 end of the testing period; (G) the expected end date of the testing period; 196
237237 and (H) that a consumer may contact the Department of Economic and 197
238238 Community Development to file a complaint regarding the innovative 198
239239 product or service being tested and provide the department's telephone 199
240240 number and Internet web site address where a complaint may be filed. 200
241241 (2) The disclosures required pursuant to subdivision (1) of this 201
242242 subsection shall be provided to a consumer in a clear and conspicuous 202
243243 form and, for an Internet or application-based innovative product or 203
244244 service, a consumer shall acknowledge receipt of the disclosure before a 204
245245 transaction may be completed. 205
246246 (3) The department may require that a sandbox participant make 206
247247 additional disclosures to a consumer. 207 Raised Bill No.
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251251 (f) (1) At least thirty days before the end of the twenty-four-month 208
252252 regulatory sandbox testing period, a sandbox participant shall: (A) 209
253253 Notify the department that the sandbox participant will exit the 210
254254 regulatory sandbox discontinue the test and will cease offering any 211
255255 innovative product or service in the regulatory sandbox within sixty 212
256256 days after the day on which the twenty-four-month testing period ends; 213
257257 or (B) seek an extension in accordance with subsection (g) of this section. 214
258258 (2) Subject to the provisions of subdivision (3) of this subsection, if 215
259259 the department does not receive notification as required by subdivision 216
260260 (1) of this subsection, the regulatory sandbox testing period shall end at 217
261261 the end of the twenty-four-month testing period and the sandbox 218
262262 participant shall immediately cease offering each innovative product or 219
263263 service being tested. 220
264264 (3) If a test includes offering an innovative product or service that 221
265265 requires ongoing duties, such as servicing a loan, the sandbox 222
266266 participant shall continue to fulfill those duties or arrange for another 223
267267 person to fulfill those duties after the date on which the sandbox 224
268268 participant exits the regulatory sandbox. 225
269269 (g) (1) A sandbox participant shall retain records, documents and 226
270270 data produced in the ordinary course of business regarding an 227
271271 innovative product or service tested in the regulatory sandbox. 228
272272 (2) If an innovative product or service fails before the end of a testing 229
273273 period, the sandbox participant shall notify the Department of 230
274274 Economic and Community Development and report on actions taken by 231
275275 the sandbox participant to ensure consumers have not been harmed as 232
276276 a result of the failure. 233
277277 (3) The commissioner may establish periodic reporting requirements 234
278278 for a sandbox participant. 235
279279 (4) The commissioner may request records, documents and data from 236
280280 a sandbox participant and, upon the department's request, a sandbox 237
281281 participant shall make such records, documents and data available for 238 Raised Bill No.
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285285 inspection by the department. 239
286286 (5) If the commissioner determines that a sandbox participant has 240
287287 engaged in, is engaging in or is about to engage in any practice or 241
288288 transaction that is in violation of this section or that constitutes a 242
289289 violation of state or federal criminal law, the commissioner may remove 243
290290 a sandbox participant from the regulatory sandbox. 244
291291 (h) On or before January 1, 2021, and annually thereafter, the 245
292292 Commissioner of Economic and Community Development shall submit 246
293293 a report, in accordance with the provisions of section 11-4a of the general 247
294294 statutes, concerning the regulatory sandbox program to the joint 248
295295 standing committee of the General Assembly having cognizance of 249
296296 matters relating to commerce. Such report shall include the number of 250
297297 applicants to the regulatory sandbox program, the number of sandbox 251
298298 participants, descriptions of each innovative product or service being 252
299299 tested in the regulatory sandbox and any recommendations for further 253
300300 legislative action. 254
301301 This act shall take effect as follows and shall amend the following
302302 sections:
303303
304304 Section 1 October 1, 2020 New section
305305
306306 Statement of Purpose:
307307 To establish a regulatory sandbox program, which allows a person to
308308 temporarily test an innovative product or service on a limited basis
309309 without otherwise being licensed or authorized to act by the laws of this
310310 state.
311311 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
312312 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
313313 underlined.]
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