California 2023-2024 Regular Session

California Senate Bill SB401

Introduced
2/9/23  
Refer
2/22/23  
Introduced
2/9/23  
Refer
2/22/23  
Report Pass
3/29/23  
Report Pass
3/29/23  
Report Pass
5/18/23  
Refer
3/29/23  
Engrossed
5/24/23  
Report Pass
5/18/23  
Refer
6/1/23  
Engrossed
5/24/23  
Engrossed
5/24/23  
Refer
6/1/23  
Refer
6/19/23  
Refer
6/1/23  
Report Pass
7/11/23  
Refer
6/19/23  
Refer
6/19/23  
Refer
7/12/23  
Report Pass
7/11/23  
Report Pass
9/1/23  
Refer
7/12/23  
Enrolled
9/14/23  
Report Pass
9/1/23  
Chaptered
10/13/23  
Enrolled
9/14/23  
Chaptered
10/13/23  

Caption

Digital financial asset transaction kiosks.

Impact

The legislation aims to enhance consumer safety by setting standards for how digital financial asset transactions are conducted at kiosks. By requiring written disclosures in a language users can understand and limiting transaction amounts and associated fees, the bill seeks to prevent potential fraud and exploitation in an increasingly digital financial landscape. The anticipated implementation date for several key provisions is January 1, 2025, providing time for operators to comply with these new regulations. Furthermore, the requirement for operators to maintain a public list of kiosk locations aims to bolster transparency and accountability.

Summary

Senate Bill 401 introduces regulations specifically governing digital financial asset transaction kiosks, which are electronic devices enabling cash exchange for digital assets. The bill assigns oversight responsibilities to the Department of Financial Protection and Innovation and establishes operational standards for these kiosks to ensure consumer protection and improve transparency in transactions. Key provisions include limiting the amount a customer can transact to $1,000 per day and mandating clear disclosures before transactions to inform customers of the terms and conditions, including fees involved.

Sentiment

Reactions to SB 401 suggest a generally supportive sentiment from consumer advocacy groups that see the regulation as a necessary step toward greater accountability in the financial technology sector. Conversely, some industry operators express concern regarding the restrictions on transaction limits and the mandatory disclosures, arguing that strict regulations could hinder innovation and accessibility. The debate centers around finding a balance between protecting consumers and allowing the financial tech industry to thrive.

Contention

Notable points of contention include the $1,000 daily limit on transactions and the required disclosure protocols. Operators argue these restrictions may limit the viability of kiosks in serving larger transactions that could appeal to a broader customer base. Additionally, concerns over operational feasibility and the costs associated with complying with these regulations have been raised, particularly by smaller companies that may find it challenging to meet the stringent operational demands outlined in the bill.

Companion Bills

No companion bills found.

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