West Virginia 2022 Regular Session

West Virginia Senate Bill SB505

Introduced
1/28/22  
Refer
1/28/22  
Engrossed
2/11/22  
Refer
2/14/22  
Refer
2/14/22  
Refer
2/16/22  
Enrolled
3/9/22  
Passed
3/30/22  

Caption

Updating laws on licensure and regulation of money transmitters

Impact

The implications of SB505 are significant for the financial landscape within West Virginia. By streamlining the licensing process and enhancing the authority of the Commissioner of Financial Institutions, the bill aims to bolster consumer protection while simultaneously fostering a conducive environment for the money transmission industry. This is expected to encourage the entry of new players into the market, potentially increasing competition and expanding service offerings for consumers.

Summary

Senate Bill 505, passed in West Virginia, revises the regulations surrounding money transmitters, specifically amending multiple sections of the West Virginia Code to enhance the oversight of these financial entities. The bill updates definitions related to money transmission, clarifies financial institution exemptions, and introduces new procedural provisions that better align the state's regulations with current industry practices. Notably, it also emphasizes the adoption of a sliding scale for net worth requirements which is intended to reflect the operational scale of various licensed entities more accurately.

Sentiment

Overall, the sentiment surrounding SB505 appears to be positive among its proponents, who view these regulatory updates as vital for modernizing West Virginia's financial services framework. Supporters argue that the bill will not only provide clearer guidelines for money transmitters but will also help to prevent fraud and ensure that consumers and businesses engaging in money transmission services are protected. However, not all stakeholders are on board, as some industry critics express concerns that the changes may impose burdensome compliance costs that could disproportionately affect smaller operators.

Contention

While the bill is generally well-received, discussions during legislative meetings revealed some contention, particularly concerning the implications of the regulator's enhanced powers. Some legislators voiced concerns that the new measures might lead to excessive oversight, which could stifle innovation and competition in the burgeoning fintech sector. Additionally, stakeholders raised questions about the rigorous background checks proposed for individuals seeking control over money transmitter licenses, fearing these might limit access for qualified individuals who have overcome prior legal challenges.

Companion Bills

No companion bills found.

Similar Bills

WV HB4364

To update the law related to money transmitters to align West Virginia with the majority of states with respect to control of a licensee and key individuals as well as net worth

VA HB343

Financial institutions; regulation of money transmitters, penalty.

VA HB343

Financial institutions; regulation of money transmitters, penalty.

VA HB1942

Financial institutions; regulation of money transmitters, penalty, effective date.

NV AB21

Revises provisions related to persons engaged in the transmission of money and certain related activities. (BDR 55-273)

KS HB2560

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.

KS SB406

Enacting the Kansas money transmission act.

ND SB2119

Money transmitters; and to provide a penalty.