BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE COMMITTEE ON BANKING, FINANCE,
                                    AND INSURANCE
                           Senator Ronald Calderon, Chair


          AB 2789 (Committee on Banking & Finance)  Hearing Date:  June  
          30, 2010  

          As Amended:    June 10, 2010
          Fiscal:             Yes
          Urgency:       No

          VOTES:              Asm. Floor.(05/06/10)68-05/Pass
                         Asm. Appr.                          
                    (04/28/10)14-01/Pass
                         Asm. B. & F.                        
                    (04/19/10)11-01/Pass

           SUMMARY    Would consolidate the Transmission of Money Abroad  
          Law, Travelers Checks Act, and the Payment Instruments Law into  
          a single Money Transmission Act, administered by the Department  
          of Financial Institutions.
           
          DIGEST
            
          Existing law
            
           1.  Gives the Department of Financial Institutions (DFI) authority  
              to regulate the transmission of money abroad (pursuant to the  
              Transmission of Money Abroad Law, Financial Section 1800 et  
              seq.), the issuance of travelers checks (pursuant to the  
              Travelers Checks Act, Financial Section 1851 et seq.), and the  
              issuance of payment instruments, such as money orders (pursuant  
              to the Payment Instruments Law, Financial Code Section 33000 et  
              seq.).  

          This bill

            1.  Would consolidate the three laws referenced above into a  
              single, uniform Money Transmission Act, which would be  
              administered by DFI, as specified, and as described in more  
              detail below.  

           COMMENTS

          1.  Purpose of the bill   To consolidate three licensing laws  




                                                                      AB  
          2789 (Committee on B. & F.), Page 2



              into a single, unified law, close loopholes in existing law,  
              and improve consumer protections. 

           2.  Background   California is unique among states in our  
              regulation of money transmission, the issuance and sale of  
              travelers checks, and the issuance and sale of money orders  
              and other payment instruments.  Forty-seven other states and  
              the District of Columbia regulate these activities under a  
              single law, while California requires three separate laws,  
              all administered by DFI, for this purpose.  AB 2789 would  
              combine these three laws into a single Money Transmission  
              Act, administered by DFI.  This new law would preserve all  
              of the substantive provisions in each of the three existing  
              laws, and additionally add the following substantive new  
              provisions, which would do the following:  

                  a.        Regulate the issuance of open loop, stored  
                    value cards by non-bank entities:  Stored value cards  
                    may be either closed loop (redeemable by the issuer  
                    for goods or services provided by the issuer or its  
                    affiliate; e.g., a Starbucks card) or open loop  
                    (redeemable for goods or services at multiple vendors;  
                    e.g., a Visa check card).  Although the sponsor and  
                    DFI are currently unaware of many non-bank issuers of  
                    open loop stored value cards, both believe that more  
                    firms will enter this marketplace in the near-term  
                    future.  AB 2789 is intended to ensure that the  
                    issuers of these cards are regulated.

                  b.        Consolidate and modernize the money  
                    transmission, payment instruments, and travelers check  
                    issuance laws.

                  c.        Regulate domestic (intra-U.S.) money  
                    transmission:  At present, international money  
                    transmission is regulated in California, but domestic  
                    money transmission, when made by an entity that is not  
                    a depository institution, is not.  AB 2789 would close  
                    that loophole, and, in doing so, help protect certain  
                    unbanked and underbanked individuals who use money  
                    transmitters to send money domestically.

                  d.        Bring some previously unlicensed money  
                    transmitters into our regulatory scheme:  California's  
                    money transmission law currently requires those who  
                    accept money in California for transmission abroad to  




                                                                      AB  
          2789 (Committee on B. & F.), Page 3



                    be licensed, but does not have a physical presence  
                    requirement (thus, certain Internet-based money  
                    transmitters may legally operate in California without  
                    a license).  Under AB 2789, any money transmitter that  
                    does business with a person located in California  
                    requires a license.

                  e.        Require those who wish to acquire control of  
                    an issuer of travelers checks or payment instruments  
                    to receive prior permission from DFI for the  
                    acquisition:  An application for acquisition of  
                    control is currently required under the money  
                    transmitters law, but not under the travelers checks  
                    or payment instruments laws.  AB 2789 would require  
                    any entity that wishes to acquire control of a Money  
                    Transmission Act licensee to apply to, and receive  
                    permission from DFI for that acquisition.

                  f.        Give DFI more authority over the composition  
                    and valuation of so-called "eligible securities,"  
                    which are used to satisfy existing law liquidity  
                    requirements:  Existing law requires money  
                    transmission and payment instruments licensees to own  
                    eligible securities having an aggregate market value  
                    that is equal to or greater than the aggregate amount  
                    of all of their outstanding payment instruments and  
                    outstanding money received for transmission  
                    (essentially, a 1:1 liquidity ratio).  AB 2789 will  
                    extend these liquidity requirements to companies that  
                    issue open loop, stored value cards.  The bill will  
                    also give DFI greater authority to specify the types  
                    of investments and the concentration per type of  
                    investment that are allowable for eligible securities,  
                    and will give DFI the ability to order changes in a  
                    licensee's eligible securities, as DFI deems necessary  
                    to ensure the safety and soundness of the licensee. 

                  g.        Create a new requirement that issuers of  
                    payment instruments and stored value cards maintain  
                    securities on deposit or a surety bond of at least  
                    $500,000 or 50% of the average daily outstanding  
                    payment instrument and stored value obligations in  
                    California, whichever is greater.  

                  h.        Require licensees and agents of licensees to  
                    prominently post a notice at each branch office,  




                                                                      AB  
          2789 (Committee on B. & F.), Page 4



                    informing customers that they may direct complaints  
                    about any aspect of the money transmission activities  
                    conducted at that location to DFI via a specific  
                    toll-free phone number, e-mail address, or via regular  
                    mail to a specific mailing address.

               The provisions of this bill have been negotiated by  
              affected industry groups, DFI, and consumer groups, and are  
              believed to reflect a consensus.  

           3.  Support   The Money Services Round Table (MSRT), a trade  
              association of money transmitters and stored value card  
              issuers, is sponsoring AB 2789, to bring California into  
              line with the vast majority of states, with respect to our  
              regulation of money transmission, issuance of travelers  
              checks, and issuance of payment instruments.  As noted  
              above, California is the only state with three licensing  
              laws governing these activities.  All other states have  
              moved to a unitary licensing regime, which MSRT asserts is  
              efficient for both the regulated industry and the regulator.  
               

          According to MSRT, AB 2789 preserves all of the existing safety  
              and soundness and consumer protection provisions of existing  
              law, as well as existing licensing exemptions for entities  
              such as depository institutions.  Licensing fees would  
              remain at current levels.  However, the bill would increase  
              consumer protection by requiring licensees and their sales  
              outlets to post information informing customers that  
              complaints may be filed with DFI, and by requiring all  
              entities that wish to acquire control of a licensee to  
              receive prior approval for that acquisition from DFI.  The  
              bill would also close two existing California loopholes, by  
              licensing domestic money transfers and the issuance of open  
              loop stored value cards by non-bank institutions.  MSRT  
              believes that the bill will provide DFI with needed  
              flexibility to respond to the regulatory challenges posed by  
              fast-emerging funds transmission technologies.

           4.  Opposition    None received.
           
          5.  Suggested Amendments  

                  a.        DFI and the sponsor have identified a handful  
                    of technical amendments, which they recommend to  
                    correct minor drafting errors in the June 10th, 2010  




                                                                      AB  
          2789 (Committee on B. & F.), Page 5



                    version of the bill.  These amendments have been  
                    reviewed by, and are acceptable to the author,  
                    sponsor, DFI, and key interested parties:

                  Page 10, line 6, after "for" insert: transactions that  
                    involve

                  Page 10, line 7, strike "transactions"

                  Page 11, line 13, after "engaging" insert:  in

                  Page 18, lines 26 and 30: after "shareholders'" insert:   
                    or members'

                  Page 25, lines 14, 24, and 28, strike "12 U.S.C." and  
                    insert:  15 U.S.C. 

                  Page 26, line 26, strike "1830" and insert:  1832

                  Page 27, line 33, after "insured" insert:  credit union.

                  b.        The California Retailers Association requests  
                    an amendment, to more closely conform the definition  
                    of stored value in the bill with the rules for gift  
                    certificates in Civil Code Section 1749.5.  That  
                    amendment, which is also acceptable to the author,  
                    sponsor, DFI, and key interested parties, would add  
                    the following clause to the stored value definition:   
                    Page 6, line 30, after "affiliate" insert:  , except  
                    to the extent required by applicable law to be  
                    redeemable in cash for its cash value. 
                   
          6.  Prior Legislation   

                  a.        AB 1508 (Lieu), Chapter 242, Statutes of 2007:  
                     Streamlined certain procedural requirements under the  
                    Money Transmitters Law, more closely aligned that law  
                    with laws governing the issuance of travelers checks  
                    and money orders, and gave DFI greater ability to take  
                    prompt corrective action against licensed money  
                    transmitters found to be operating improperly.
                   
          POSITIONS
          
          Support
           




                                                                      AB  
          2789 (Committee on B. & F.), Page 6



          The Money Services Round Table (sponsor)
          Consumers Union
           
          Oppose
               
          None received

          Consultant:  Eileen Newhall  (916) 651-4102