2005 Legislation
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HOUSE BILL NO. 75 – Money transmitters, exam/investigtn

HOUSE BILL NO. 75

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Bill Status



H0075...........................................................by BUSINESS
MONEY TRANSMITTERS - Amends existing law relating to the Idaho Money
Transmitters Act to revise the director of the Department of Finance's
authority to conduct examinations and investigations; to require that
additional reports be maintained; to provide that out-of-state records must
be made accessible to the director on seven days' written notice; to
provide that the director may release information under certain conditions;
to delete language providing that the director may release information
without prior notice to a law enforcement agency in connection with a
criminal referral; to provide for notice and opportunity for hearing for
purposes of the suspension or revocation of licenses; and to revise the
grounds upon which a license may be suspended or revoked.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Bus
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 46-21-3
      AYES -- Anderson, Barraclough, Bastian, Bell, Bilbao, Black, Block,
      Boe, Bolz, Bradford, Cannon, Chadderdon, Collins, Deal, Denney,
      Edmunson, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet,
      Jones, LeFavour, Martinez, Miller, Mitchell, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler, Shepherd(2),
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Andrus, Barrett, Bayer, Bedke, Clark, Ellsworth, Hart,
      Harwood, Kemp, Lake, Mathews, McGeachin, McKague, Moyle, Nielsen,
      Roberts, Sali, Schaefer, Shepherd(8), Smith(24), Wood
      Absent and excused -- Crow, Eskridge, Loertscher
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Com/HuRes
03/11    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 32-2-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- Sweet, Williams
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Compton
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 142
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 75
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO MONEY TRANSMITTERS ACT; AMENDING SECTION 26-2914,  IDAHO
  3        CODE,  TO  REVISE  THE  DIRECTOR'S  AUTHORITY  TO CONDUCT EXAMINATIONS AND
  4        INVESTIGATIONS; AMENDING SECTION 26-2915,  IDAHO  CODE,  TO  REQUIRE  THAT
  5        ADDITIONAL  REPORTS BE MAINTAINED AND TO PROVIDE THAT RECORDS MUST BE MADE
  6        ACCESSIBLE TO THE DIRECTOR ON SEVEN DAYS' WRITTEN NOTICE  IF  THE  RECORDS
  7        ARE  MAINTAINED  OUT  OF  STATE;  AMENDING SECTION 26-2916, IDAHO CODE, TO
  8        REVISE CONDITIONS FOR THE RELEASE OF INFORMATION, TO DELETE LANGUAGE  PRO-
  9        VIDING THAT THE DIRECTOR MAY RELEASE INFORMATION WITHOUT PRIOR NOTICE TO A
 10        LAW  ENFORCEMENT AGENCY IN CONNECTION WITH A CRIMINAL REFERRAL AND TO MAKE
 11        A TECHNICAL CHANGE; AND AMENDING SECTION 26-2917, IDAHO CODE,  TO  PROVIDE
 12        FOR  NOTICE  AND OPPORTUNITY FOR HEARING FOR PURPOSES OF THE SUSPENSION OR
 13        REVOCATION OF LICENSES, TO REVISE THE GROUNDS UPON WHICH A LICENSE MAY  BE
 14        SUSPENDED OR REVOKED AND TO MAKE A TECHNICAL CHANGE.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 26-2914, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        26-2914.  AUTHORITY TO CONDUCT EXAMINATIONS AND  INVESTIGATIONS.  (1)  The
 19    For  the  purpose  of  discovering violations of this chapter or rules adopted
 20    under this chapter, discovering unsafe  and  unsound  practices,  or  securing
 21    information  lawfully  required  under  this chapter, the director may conduct
 22    examinations of a licensee at any time,  either  personally  or  by  designee,
 23    investigate or examine the business and wherever located, the books, accounts,
 24    records,  papers,  documents, files and other information used in the business
 25    of every applicant, licensee or its authorized representatives, and  of  every
 26    person  who  is  engaged  in the business of providing money transmission ser-
 27    vices, whether the person acts or claims to act under or without the authority
 28    of this chapter. For these purposes, the director or designated representative
 29    shall have free access to the offices and places of business, books, accounts,
 30    papers, documents, other information, records, files, safes and vaults of  all
 31    such  persons.  The director or the director's designee may require the atten-
 32    dance of and examine under oath all persons whose testimony  may  be  required
 33    about  the business or the subject matter of any investigation, examination or
 34    hearing and may require such person to produce books, accounts, papers,  docu-
 35    ments,  records,  files  and  any other information the director or designated
 36    person declares is relevant to the inquiry. The director may require the  pro-
 37    duction  of  original  books,  accounts, papers, documents, records, files and
 38    other information; may require that such  original  books,  accounts,  papers,
 39    documents,  records, files and other information be copied; or may make copies
 40    himself or herself or by designee of such original  books,  accounts,  papers,
 41    documents,  records,  files  or  other information. The director or designated
 42    person may issue a subpoena or subpoena duces tecum  requiring  attendance  or
 43    compelling  production  of  the  books,  accounts, papers, documents, records,
                                                                        
                                           2
                                                                        
  1    files or other information. Should the director conclude that an on-site exam-
  2    ination of a licensee is necessary, the licensee, subject to the provisions of
  3    subsection (32) of this section, shall pay all the actual costs of such exami-
  4    nation. If the director determines, based on the licensee's  financial  state-
  5    ments and past history of operations in the state, that an on-site examination
  6    is  unnecessary,  the on-site examination may be conducted in conjunction with
  7    examinations to be performed by representatives of agencies of  another  state
  8    or  states.  The  director, in lieu  of an on-site examination, may accept the
  9    examination report of an agency of another state, or a report prepared  by  an
 10    independent  accounting  firm,  and reports so accepted are considered for all
 11    purposes as an official report of the director.
 12        (2)  The director may request financial data from a licensee  in  addition
 13    to  that required in section 26-2907, Idaho Code, or conduct an on-site exami-
 14    nation of any authorized representative or location of a license  within  this
 15    state without prior notice to the authorized representative or licensee if the
 16    director  has  a  reasonable  basis to believe that the licensee or authorized
 17    representative is in violation of the provisions of this chapter.
 18        (3)  In the case of refusal to obey a subpoena issued to any  person,  any
 19    court  of  competent jurisdiction, upon application by the director, may issue
 20    to that person an order requiring him to appear before  the  director  or  his
 21    designee  to  produce  documentary  evidence if so ordered or to give evidence
 22    relating to the matter under investigation or in question. Any failure to obey
 23    such order of the court may be punished by the court as a contempt  of  court.
 24    When  the  director examines a licensee or an authorized representative within
 25    this state, the licensee or authorized representative shall pay all the actual
 26    costs of such examination, up to a maximum of one thousand dollars ($1,000).
                                                                        
 27        SECTION 2.  That Section 26-2915, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        26-2915.  MAINTENANCE  OF RECORDS. (1) Each licensee shall make, keep, and
 30    preserve the following books, accounts and other records for a period of three
 31    (3) years:
 32        (a)  A record or records of payment instruments sold;
 33        (b)  A general ledger containing all asset, liability, capital, income and
 34        expense accounts, which general ledger shall be posted at least monthly;
 35        (c)  Settlement sheets, if received from authorized representatives;
 36        (d)  Bank statements and bank reconciliation records;
 37        (e)  Records of outstanding payment instruments;
 38        (f)  Records of each payment instrument paid within  the  three  (3)  year
 39        period; and
 40        (g)  A list of the names and addresses of all of the licensee's authorized
 41        representatives,  as  well  as  copies of each authorized representative's
 42        contract; and
 43        (h)  All reports required by federal  currency  reporting,  recordkeeping,
 44        and  suspicious  transaction  reporting  requirements  as  set forth in 31
 45        U.S.C. sec. 5311, 31 CFR part 103 (2000), and other federal and state laws
 46        pertaining to money laundering.
 47        (2)  Maintenance of such documents as are required in this  section  in  a
 48    photographic or other similar form shall constitute compliance with the provi-
 49    sions of this section.
 50        (3)  Records  may  be  maintained  at  a location other than at a location
 51    within this state so long as they are made accessible to the director on  fif-
 52    teen seven (157) days' written notice.
                                                                        
                                           3
                                                                        
  1        SECTION  3.  That  Section 26-2916, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        26-2916.  CONFIDENTIALITY OF DATA  SUBMITTED  TO  THE  DIRECTOR.  (1)  All
  4    information or reports obtained by the director from an applicant, licensee or
  5    authorized  representative,  whether  obtained  through reports, applications,
  6    examinations, audits, investigation, or otherwise including, but  not  limited
  7    to:
  8        (a)  All  information  contained  in or related to examination, investiga-
  9        tion, operating, or condition reports reported by, on behalf  of,  or  for
 10        the use of the director; or
 11        (b)  Financial  statements,  balance  sheets, or authorized representative
 12        information;
 13    are confidential trade secrets and may not be disclosed or distributed outside
 14    the department in accordance with the provisions of section 9-340(4)(a)  chap-
 15    ter  3, title 9, Idaho Code, by the director or any officer or employee of the
 16    department.
 17        (2)  The director, however, may provide for the release of information  to
 18    representatives  of  state  or federal agencies who state in writing that they
 19    shall maintain the confidentiality of such information or if:
 20        (a)  The licensee provides consent prior to the release; or
 21        (b)  Tthe director finds that the release is reasonably necessary for  the
 22        protection of the public and in the interests of justice, and the licensee
 23        has  been given prior notice by the director of its intent to release such
 24        information.
 25        (3)  Nothing in this section shall prohibit the director from releasing to
 26    the public a list of persons licensed under the provisions of this chapter  or
 27    to release aggregated financial data on such licensees.
 28        (4)  The  director  may  release information without prior notice to a law
 29    enforcement agency of this state or the United States  in  connection  with  a
 30    criminal referral made under this chapter or other law.
                                                                        
 31        SECTION  4.  That  Section 26-2917, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        26-2917.  SUSPENSION OR REVOCATION OF LICENSES. After notice and  opportu-
 34    nity  for  hearing, the director may suspend or revoke a licensee's license if
 35    the director finds that:
 36        (1)  Any fact or condition exists that, if it had existed at the time when
 37    the licensee applied for a license, would have been grounds for  denying  such
 38    application;
 39        (2)  The  licensee's  net worth becomes inadequate and the licensee, after
 40    ten (10) days' written notice from the director, fails to take such  steps  as
 41    the director deems necessary to remedy such deficiency;
 42        (3)  The  licensee  violates any provisions of this chapter or any rule or
 43    order of the director under the provisions of this chapter or is convicted  of
 44    a violation of a state or federal money laundering or terrorism law;
 45        (4)  The  licensee is conducting its business in an unsafe or unsound man-
 46    ner;
 47        (5)  The licensee is insolvent;
 48        (6)  The licensee has suspended payment of its obligations,  has  made  an
 49    assignment  for  the  benefit of its creditors, or has admitted in writing its
 50    inability to pay its debts as they become due;
 51        (7)  The licensee has applied for an adjudication of bankruptcy, reorgani-
 52    zation, arrangement or other relief under any bankruptcy;
                                                                        
                                           4
                                                                        
  1        (8)  The licensee refuses to permit the director to make  any  examination
  2    authorized in this chapter; or
  3        (9)  The  licensee wilfully willfully fails to make any report required in
  4    this chapter; or
  5        (10) The licensee, any person who exercises any managerial authority  over
  6    the  licensee's  activities, or any of its executive officers or other persons
  7    in control of the licensee are listed or become listed on the "specially  des-
  8    ignated  nationals  and  blocked  persons"  list prepared by the United States
  9    department of the treasury as a potential threat to commit terrorist  acts  or
 10    to finance terrorist acts.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14433C1

This bill revises and updates certain provisions of the Idaho Money
Transmitters Act.  The proposed amendments relate to the
enforcement and recordkeeping provisions of this law. 
Specifically, these amendments give the Director clear authority to
conduct investigations of licensees and sets forth the procedure to
be followed; makes all filings required by other state or federal
authorities related to money laundering required records under this
Act; permits sharing of licensee information, under certain
conditions, with other state and federal agencies without notice to
the licensee; and provides for the suspension or revocation of a
licensee if certain persons associated with the licensee are listed
on the Specially Designated Nationals and Blocked Persons list
prepared by the United States Department of the Treasury as a
potential threat to commit terrorist acts or to finance terrorist
acts. 

                         FISCAL  IMPACT

The bill may cause an increased number of licensee examinations to
occur resulting in a slight increase in examination fee revenue.


CONTACT                               
Name:   Marilyn Chastain
Agency: Finance, Dept. of
Phone:  332-8070

Statement of Purpose/Fiscal Impact                     H 75