AN ACT to amend Tennessee Code Annotated, Title 45, relative to the regulation of money transmitters.
Impact
If enacted, HB0316 would significantly alter the existing legal landscape governing money transmission in Tennessee. It introduces provisions that standardize the operational guidelines for money transmitters, involve a more robust investigation process for those seeking control over a money transmitter, and stipulate penalties for non-compliance. By doing so, it aims to protect consumers’ interests while also ensuring that the financial institutions operate soundly. The new regulatory framework is expected to foster innovation in competitive business practices while ensuring customer funds are safeguarded effectively.
Summary
House Bill 0316, known as the Money Transmission Modernization Act, aims to amend Tennessee Code Annotated, Title 45, focusing on the regulation of money transmitters. The bill seeks to create a more standardized regulatory framework that promotes coordination among states in terms of licensing, supervision, and regulation of financial transactions, specifically money transmission activities. Its intent is to decrease the regulatory burden on businesses while ensuring enhanced consumer protection from financial crimes through modernized oversight and requirements for licensees.
Sentiment
The reception surrounding HB0316 appears to be generally favorable among those involved in the financial sector, who view it as a positive step towards reducing red tape. Advocates argue that by modernizing regulation, the bill will help legitimate businesses thrive while keeping consumers safe. However, there may be concerns among smaller operators who fear that the increased requirements and compliance costs could be burdensome. Thus, while there is support for the bill's goals, the potential impact on smaller money transmitters could be a point of contention.
Contention
Notable points of contention in discussions around HB0316 include the extent of regulatory authority granted to the commissioner and the resultant impact on various operators in the money transmission industry. There are concerns that the regulation might disproportionately affect smaller businesses and entrepreneurs who may struggle to meet the heightened compliance requirements. Furthermore, defining the standards of permissible investments and how they will be evaluated remains a significant task for regulatory bodies, spurring debate on the bill’s broader implications for the sector.
Enacting the Kansas money transmission act and the Kansas earned wage access services act, providing when applications under the state banking code are considered abandoned or expired, allowing an originating trustee to have such trustee's principal place of business outside of Kansas, authorizing any person to become a depositor or lessor of a safe deposit box, providing methods in which bank deposits may be withdrawn by a depositor and prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary for children and families, secretary of corrections or a federally recognized Indian tribe.
Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.