ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4039
(By Delegates Thompson, Kominar, H. White, Jenkins,
Amores, Clements and Cann)
[Passed March 14, 1998; in effect ninety days from passage.]
AN ACT to amend and reenact section twelve-a, article eight,
chapter thirty-one-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
establishment and use of mobile bank facilities.
Be it enacted by the Legislature of West Virginia:
That section twelve-a, article eight, chapter thirty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. HEARINGS; ADMINISTRATIVE PROCEDURES; JUDICIAL REVIEW;
UNLAWFUL ACTS; PENALTIES.
§31A-8-12a. Banking from mobile units; limitation of messenger
services.
(a) It is illegal for any banking institution or other
depository institution to conduct its business in a facility that
is a mobile unit not permanently attached to the real estate upon which it is located, except: (i) That such mobile units may be used
as temporary banking quarters pending construction of a permanent
bank building on the same or adjacent property thereto if a charter
for said bank has previously been approved; or except (ii) as
provided by subsection (b) of this section. This section shall not
be construed or interpreted to prohibit a financial institution
from providing messenger services to its customers by which items
are received by mail, armored car service or other courier or
delivery service for subsequent deposit:
Provided, That all such
messenger services are confined to the territorial boundaries of
the county in which an office of such financial institution is
located or within fifty miles of an office of such financial
institution.
(b) Upon the approval of the commissioner, a banking
institution may establish one or more mobile facilities to accept
or withdraw deposits, pay checks, issue cashier's checks,
traveler's checks and other instruments, as well as perform other
banking services. Each mobile facility shall be affiliated with
and operated by a bank or branch office of a bank physically
located and authorized to do business in West Virginia. All mobile
facilities permitted hereunder are confined to the territorial
boundaries of the county in which an office of such financial
institution is located or within thirty miles of an office of such
financial institution. A mobile facility shall be viewed as an extension of the qualified offices of the bank located in West
Virginia and the transactions shall be governed by the laws
applicable as if made at such offices. The term "mobile facility"
shall include a mobile customer bank communications terminal which
is intended to be moved or driven from place to place. A mobile
customer bank communications terminal will be treated as an off- premises unit subject to mandatory sharing laws and rules
notwithstanding any contrary provisions of this subsection:
Provided, That no mobile customer bank communications terminal may
serve as an automatic loan machine (ALM) terminal on behalf of any
other institution other than the operating bank:
Provided,
however, That no mobile facility may be operated within two
thousand feet of another bank's main office or branch office.
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