BILL NUMBER: AB 1775 CHAPTERED 09/22/03 CHAPTER 456 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003 APPROVED BY GOVERNOR SEPTEMBER 20, 2003 PASSED THE SENATE SEPTEMBER 8, 2003 PASSED THE ASSEMBLY MAY 12, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Committee on Banking and Finance (Wiggins (Chair), Calderon, Chan, Chavez, Correa, Montanez, and Vargas) MARCH 13, 2003 An act to amend Section 1814 of the Financial Code, relating to money transmitters. LEGISLATIVE COUNSEL'S DIGEST AB 1775, Committee on Banking and Finance. Money transmitters. Existing law provides for the regulation of money transmitters by the Commissioner of Financial Institutions. Existing law requires a licensed money transmitter to maintain tangible shareholders' equity determined to be adequate by the commissioner of at least $250,000. A violation of the provisions regulating money transmitters is a crime. This bill would increase that amount to $500,000. The bill would authorize the commissioner to extend the time within which a licensee is required to satisfy the tangible shareholders' equity requirement. Because a violation of this bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1814 of the Financial Code is amended to read: 1814. (a) Each licensee shall at all times maintain tangible shareholders' equity determined to be adequate by the commissioner of at least five hundred thousand dollars ($500,000). However, with respect to any licensee licensed as of January 1, 2002, the commissioner may, for good cause and to avoid undue hardship, extend the time within which the licensee is required to satisfy this subdivision. (b) "Tangible shareholders' equity" means shareholders' equity minus intangible assets as determined in accordance with generally accepted accounting principles. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.