South Dakota 2022 Regular Session

South Dakota Senate Bill SB47

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/18/22  
Engrossed
1/20/22  
Refer
1/21/22  
Report Pass
1/26/22  
Enrolled
1/27/22  

Caption

Revise certain provisions regarding money transmission.

Impact

The modifications introduced by SB47 will directly affect the operations of licensed money transmitters in South Dakota. Licensees are now required to demonstrate a tangible net worth in line with their asset base, which enhances the financial stability required to conduct such transactions. The bill also streamlines the process for licensees to amend their operational structures and mandates timely reporting of significant regulatory events, thus reinforcing compliance and financial integrity within the sector. These changes are significant as they align local regulations with evolving national standards for financial services.

Summary

Senate Bill 47, enacted to revise provisions regarding money transmission, amends various statutes to enhance the regulatory framework for entities engaged in money transmission activities. The bill establishes clearer requirements for licensees, including maintaining adequate tangible net worth and permissible investments to ensure consumer protection. By doing so, it aims to provide a more secure environment for both consumers and businesses in the realm of financial transactions, particularly those involving electronic payments and virtual currencies.

Sentiment

The general sentiment surrounding SB47 appears to be supportive among regulatory bodies and industry professionals who recognize the necessity for stricter oversight in financial transactions. Proponents argue that these amendments foster a safer transaction environment and protect consumers from potential losses associated with insolvent businesses. However, there may be concerns regarding the additional compliance burden placed on smaller entities, which could necessitate a reevaluation of their operational practices to meet the new standards.

Contention

Notable points of contention include the balance of regulatory oversight versus the operational freedom of smaller money transmission businesses. Some critics may contend that the stringent requirements could hinder business growth and innovation, especially for new entrants in the market. The bill's provisions for the director of the Division of Banking to exempt certain licensees from specific requirements could also raise questions around equity and fairness, as differing interpretations of 'good cause' could lead to inconsistent applications of the law.

Companion Bills

No companion bills found.

Similar Bills

SD SB43

Revise certain provisions regarding money transmission.

AZ SB1580

Money transmission; money transmitter licensure

SD SB58

Revise provisions regarding money transmission.

KS HB2710

Imposing an excise tax on each transaction by a money transmitter by wire, establishing an income tax credit for excise taxes paid, allowing the state bank commissioner to assess penalties for the nonpayment of such excise tax, providing for the distribution of such excise tax and penalty moneys, establishing the criminal litigation fund, wire transfer fee fund and prosecutor and law enforcement grant fund and creating a misdemeanor crime of unlawful transmission of a wire transfer and providing criminal penalties therefor.

MI HB5798

Financial institutions: money transmitters; money transmission modernization act; create. Creates act & repeals 2006 PA 250 (MCL 487.1001 - 487.1047).

CT HB06802

An Act Concerning Virtual Currencies.

KS HB2337

Imposing a fee on each international transaction by a money transmitter by wire, allowing the state bank commissioner to assess penalties for the nonpayment of such fee, providing for the distribution of such fee and penalty moneys, establishing the criminal litigation fund, wire transfer fee fund and prosecutor and law enforcement grant fund and creating a misdemeanor crime of unlawful transmission of a wire transfer and providing criminal penalties therefor.

MO SB633

Relating to the regulation of money transmission