03/08/2016 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB165 | |
| SB168 | |
| SB152 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 168 | TELECONFERENCED | |
| += | SB 152 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 165 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 8, 2016
1:29 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Cathy Giessel, Vice Chair
Senator Kevin Meyer
Senator Gary Stevens
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 165
"An Act relating to the presence of minors in the licensed
premises of manufacturers, wholesalers, and retailers of
alcoholic beverages; relating to the Alcoholic Beverage Control
Board; relating to the offense of minor consuming; relating to
revocation of a driver's license for a minor consuming offense;
relating to the effect of the revocation of a driver's license
for a minor consuming offense on a motor vehicle liability
insurance policy; and amending Rule 17, Alaska Rules of Minor
Offense Procedure."
- MOVED CSSB 165(L&C) OUT OF COMMITTEE
SENATE BILL NO. 168
"An Act relating to the membership of the Board of Barbers and
Hairdressers."
- HEARD & HELD
SENATE BILL NO. 152
"An Act relating to a money services business; relating to
transmitting value that substitutes for money; relating to
licensing requirements and registration through the Nationwide
Multistate Licensing System and Registry; relating to surety
bonding requirements; authorizing certain licensees to contract
to use subdelegates for reloading funds onto stored-value cards;
relating to record retention, reporting requirements, and
enforcement provisions; relating to exemptions; relating to
money services Internet activities; relating to definitions
regarding the transmitting value, currency, and money
transmission business activities; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 165
SHORT TITLE: ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL
SPONSOR(s): SENATOR(s) MICCICHE
02/01/16 (S) READ THE FIRST TIME - REFERRALS
02/01/16 (S) L&C, JUD
02/11/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/11/16 (S) Scheduled but Not Heard
02/23/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/23/16 (S) Heard & Held
02/23/16 (S) MINUTE (L&C)
03/08/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 168
SHORT TITLE: BOARD OF BARBERS AND HAIRDRESSERS
SPONSOR(s): SENATOR(s) MCGUIRE
02/03/16 (S) READ THE FIRST TIME - REFERRALS
02/03/16 (S) L&C, FIN
03/08/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 152
SHORT TITLE: MONEY SERVICES BUSINESS: REQS; LICENSING;
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/16 (S) READ THE FIRST TIME - REFERRALS
01/21/16 (S) L&C
02/25/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/25/16 (S) <Bill Hearing Canceled>
03/08/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
WESTON EILER, Staff
Senate Labor and Commerce Committee and
Senator Mia Costello
POSITION STATEMENT: Explained the changes in the proposed
committee substitute for SB 165.
TREVOR Gutierrez, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 168 on behalf of the sponsor.
JANEY HOVENDEN, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 168.
JEANNINE JABAAY, member
Board of Barbers and Hairdressers
Hope, Alaska
POSITION STATEMENT: Testified in support of SB 168.
KEVIN ANSELM, Director
Division of Banking and Security
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Introduced SB 152 on behalf of the
administration.
ACTION NARRATIVE
1:29:50 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:29 p.m. Present at the call to
order were Senators Giessel, Meyer, and Chair Costello. Senators
Stevens and Ellis arrived soon thereafter.
SB 165-ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL
1:30:13 PM
CHAIR COSTELLO announced the consideration of SB 165. She noted
this is the second hearing, public testimony closed on 2/23/16,
and there is a proposed committee substitute (CS).
1:30:51 PM
SENATOR ELLIS joined the committee.
1:30:58 PM
SENATOR GIESSEL moved to adopt the work draft CS for SB 165,
labeled 29-LS1384\W, as the working document.
CHAIR COSTELLO objected for an explanation of the changes.
1:31:23 PM
WESTON EILER, Staff, Senate Labor and Commerce Committee and
Senator Mia Costello, explained that the first change deletes
subsection (c) on page 2, lines 7-16. This removes the provision
that takes the previous experience of the executive director of
the Alcoholic Beverage Control Board into consideration when
appointing other members of the board. This was removed to keep
the role of the executive director from being politicized.
1:32:27 PM
SENATOR STEVENS joined the committee.
MR. EILER said the next substantive change begins on page 5,
line 30, and continues through the bill. The term "community
diversion panel" is inserted to ensure community diversion
panels, youth courts, and other alternative restorative justice
programs can be included for processing of minor consuming and
alcohol crimes by minors. Conforming changes appear on page 6,
lines 1-5, page 6, lines 28-31, and page 8, lines 25 and 26.
1:33:56 PM
CHAIR COSTELLO found no questions and removed her objection.
Finding no further objection, version W was adopted.
1:34:22 PM
SENATOR GIESSEL moved to report the work draft CS for SB
165(L&C), labeled 29-LS1384\W, from committee with individual
recommendations and attached fiscal note(s).
1:34:39 PM
CHAIR COSTELLO announced that without objection, CSSB 165(L&C)
is reported from the Senate Labor and Commerce Standing
Committee.
1:34:45 PM
At ease
1:35:34 PM
CHAIR COSTELLO reconvened the meeting and welcomed the sponsor
to make final comments on the bill.
SENATOR MICCICHE thanked the committee for hearing the bill and
moving it along. He summarized it brings a good balance of
representation to the board, decriminalizes simple alcohol
consumption offenses for youth, puts accountability measures in
place, and opens new opportunities for youth who have made a
mistake with alcohol. He stated support for the changes in the
committee substitute, particularly the addition of community
diversion panels.
SB 168-BOARD OF BARBERS AND HAIRDRESSERS
1:37:29 PM
CHAIR COSTELLO announced the consideration of SB 168; "An Act
relating to the membership of the Board of Barbers and
Hairdressers." She stated this is the first hearing and the
intent is to hear from the sponsor's staff, open public
testimony and hold the bill.
1:37:48 PM
TREVOR Gutierrez, Staff, Senator Lesil McGuire, sponsor of SB
168, introduced the legislation on behalf of the sponsor
speaking to the following sponsor statement:
Senate Bill 168 aims to create equal Board
representation for all licensees governed by the Board
of Barbers and Hairdressers. This restructuring of the
Board will not remove any current board member from
their position, and it carries a zero general fund
fiscal note.
As of February 3, 2015, the Board of Barbers and
Hairdressers oversees 2,271 Hairdressers, 962
Manicurists and Nail Technicians, 542 Estheticians,
151 Barbers, and 146 Tattoo/Permanent Cosmetic
Colorist/Body Piercers. The current Board structure is
1) Hairdresser, 1) Hairdresser/Esthetician combo, 1)
Tattoo/Permanent Cosmetic Colorist/Body Piercer, 1)
Public Member, 2) Barbers.
Providing Board Representation for Nearly 1,000
Currently Unrepresented Nail Technicians
In 2015, legislation was passed requiring those
practicing the art of manicuring to receive education
and to pass a nationally recognized examination.
Current statute does not provide a nail technician
seat on the Board. As the second largest body of
licensees overseen by the Board of Barbers and
Hairdressers, nail technicians should be given a seat
at the table to advocate for their industry. This bill
ensures that nail technicians be given a Board
position.
Creating a More Balanced Number of Board Members
This bill increases the Board of Barbers and
Hairdressers from six to seven members. This will
create an odd number of voting members, better
assuring a tie-break in certain Board decisions. Seven
members also make it more likely to have a quorum at
Board meetings and teleconferences.
Evenly Distributing Board Representation for Current
Seats
When the Board seats were created, Alaska had
approximately 1,200 Barbers. We currently have 151 in
the entire state. There is an over-representation from
a minor licensee group, which not only makes Board
recruitment difficult, but it gives an over-abundance
of voice to the Barbering industry. This bill will
change one of the Barber seats to allow for any
licensee group governed by this Board.
CHAIR COSTELLO asked Ms. Hovenden to give the administration's
position on the legislation and discuss the fiscal note.
1:40:19 PM
JANEY HOVENDEN, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), said the fiscal note asks for $4.5
thousand in travel costs for the additional board member to
attend board meetings. This is a receipt-supported service so
the licensing fees will pay for the additional seat and travel
costs. Responding to further questions from the Chair, she
reported that the board is operating at a surplus and the
administration is neutral on the bill.
CHAIR COSTELLO asked if there is any opposition to the
legislation.
MS. HOVENDEN said she assumes the barbers aren't pleased to lose
the second seat, but that doesn't prevent a barber from filling
the undesignated licensee seat.
1:42:39 PM
CHAIR COSTELLO opened public testimony.
1:42:53 PM
JEANNINE JABAAY, member, Board of Barbers and Hairdressers,
Hope, Alaska, stated the board fully supports SB 168 and
believes that barbers currently are over represented. The
licensees haven't voiced direct opposition to re-designating the
seat and both barbers on the board support the change. She
relayed the board's surprise at the fiscal note and their belief
that it should be zero. She pointed out that the board is
receipt supported and is operating in the black.
CHAIR COSTELLO said the Finance Committee would address the
request to zero the fiscal note.
1:44:56 PM
CHAIR COSTELLO closed public testimony on SB 168 and held the
bill in committee for future consideration.
1:45:12 PM
At ease
SB 152-MONEY SERVICES BUSINESS: REQS; LICENSING;
1:47:04 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SB 152; "An Act relating to a money services
business; relating to transmitting value that substitutes for
money; relating to licensing requirements and registration
through the Nationwide Multistate Licensing System and Registry;
relating to surety bonding requirements; authorizing certain
licensees to contract to use subdelegates for reloading funds
onto stored-value cards; relating to record retention, reporting
requirements, and enforcement provisions; relating to
exemptions; relating to money services Internet activities;
relating to definitions regarding the transmitting value,
currency, and money transmission business activities; and
providing for an effective date." She noted this is the first
hearing.
1:47:45 PM
KEVIN ANSELM, Director, Division of Banking and Security,
Department of Commerce, Community and Economic Development,
provided an overview of SB 152 on behalf of the administration.
She explained that a money service business (MSB) deals with
currency exchange and money transmission functions. Currency
exchange, also called exchange of fiat currency, means the
receipt of revenue from the exchange of one government's money
to another government's money. U.S. dollars to Euros, for
example. A payment instrument, which is what money transmission
does, includes a check, money order, traveler's checks, prepaid
or stored-value cards, wiring money, and moving money from a
deposit account to a loadable card.
MS. ANSELM told the committee that SB 152 updates the definition
of "money transmission" to include virtual currency. This is a
digital representation of value that does not have legal tender
status in the U.S. but can be digitally traded and function as a
medium of exchange, a unit of account, a stored value, or
incorporated into the payment system technology. She said none
of this was anticipated in 2007 when this body heard the
original Money Services Act.
She described the bill as timely, because the division is
receiving requests to license money transmitters that are also
involved in virtual currency. Virtual currency has also expanded
to more than just Bitcoin. She reported that the division is not
licensing money transmitters to deal in virtual currencies and
is requiring them to disclose that to their Alaska customers.
MS. ANSELM reported that there currently are 73 money
transmitters, at least two of which are providing virtual
currency to customers. SB 152 would allow the division to better
regulate these riskier forms of currency in a consistent and
efficient manner. Additionally, the bill will incorporate
alternative payment systems and instruments, allow a licensee to
contract with a delegate who may then use their network of
delegates to reload funds onto cards without having a separate
contract between a licensee and subdelegate. She noted that she
would discuss what that means specifically for Alaska-based
money transmitters later in the presentation. Finally, the bill
removes the out-of-state business advantage that is a quirk in
the original bill.
1:51:16 PM
MS. ANSELM explained that SB 152 will require the use of the
Nationwide Multistate System and Registry (NMLS) for filing
documents and paying fees. The NMLS is currently used by
mortgage brokers and originators in Alaska and most out-of-state
MSBs are already using it. The merit is that these transmitters
will be able to electronically file documents with the division
rather than paper copies. It also means that Alaska can receive
these payments electronically which reduces staff processing
time.
The bill also replaces the current net worth requirement with
the surety bond requirement that can be adjusted based on the
risk presented by the licensee's business model and focus.
Currently, a money service business holds a $25,000 deposit in
reserve so being able to change that to a bond frees that cash
and often allows for a much higher surety bond amount that will
better protect Alaska consumers. SB 152 also will allow annual
assessment fees to cover periodic examination fees and ongoing
administrative costs to be set by regulation.
MS. ANSELM listed the enhancements to consumer protection that
SB 152 will provide:
· It adds a background check component for all control
persons. Right now, only control persons that have 25
percent or more control, and certain other attributes, are
required to undergo fingerprinting.
· It requires licensees to comply with the federal anti-
money laundering law, the Bank Secrecy Act, and other
requirements that protect consumers and the marketplace.
· It also allows a broader spectrum of orders to be issued
beyond a cease and desist order so that enforcement can be
tailored to the issue.
· It removes the advance exam notification requirement and
allows joint examinations and investigations with other
regulators. In the last few years Alaska has been working
with other states to do joint exams on money transmitters
and money service businesses that are located outside the
state. Using staff from other states makes it possible to
accomplish more in shorter time and is less an imposition
on the business.
She noted that the bill suggests an exemption for businesses
that really aren't in the money services business but need to
move money around incidental to the business. The exemption
would apply to insurance companies, title companies, and escrow
agents or attorneys that engage in ancillary money services
business.
1:54:29 PM
MS. ANSELM highlighted that the definition of "payment
instrument" has been updated to include an electronic check or
electronic instrument so as to capture changing technology.
Examples of new ways to transfer money include PayPal, Square
Cash, Venmo, Mobile Wallets and Apple Pay.
SB 152 affects prepaid or stored value cards that are both open
loop and reloadable. The definitions of "open loop" and "stored
value" are updated: the monetary value of the card is prefunded
and reduced with each use; there is a card code; it is
redeemable at multiple, unaffiliated merchants or ATMs; and it
does not include an electronic record. She reviewed examples of
what is and is not an open loop stored value card. An Olive
Garden $50 gift card is not reloadable and does not require an
MSB licensee or delegate to issue or sell the card. By
comparison, a VISA/Green Dot card purchased at Fred Meyer,
Safeway, and Walgreens requires an MSB licensee or delegate to
issue, sell, or reload the card.
CHAIR COSTELLO asked if the bill changes that.
MS. ANSELM said no, but it does change what would be allowed for
another entity - subdelegates. This is a new provision.
1:58:22 PM
MS. ANSELM directed attention to the white paper in the bill
packets that provides information about Alaska Prepaid Card in
Nome, Alaska that conducts business as Q-card. Q-Card contracts
with Western Union Financial Services (WUFSI) to allow WUFSI's
delegates in Alaska (32 locations at Fred Meyer, Walgreens, and
Safeway) to offer reload services to Q-Card customers. Current
Alaska law does not allow the use of subdelegates so Alaska
Prepaid Card must also have contracts with each of the WUFSI
delegates in the 32 store locations that will offer reloads to
Q-Card customers. The law also requires Alaska Prepaid Card to
increase the amount of its bond to include Western Union and
each of those 32 delegates. This is in addition to the bond that
Western Union already pays for its delegates in Alaska.
Maintaining the higher bond amount places an additional
financial burden on the business. SB 152 would streamline the
process by allowing the limited use of subdelegates. Western
Union's 32 delegates would be subdelegates.
2:01:56 PM
SENATOR STEVENS asked the maximum that can be placed on a card
and if they could be used for money laundering.
MS. ANSELM said she didn't know the maximum and they could be
used for money laundering. However, people in the villages use
them to pay bills and take care of day-to-day business when
there isn't a bank in the area. When they go shopping in
Anchorage, they want to be able to recharge their cards. SB 152
provides limited authorization of subdelegates so it wouldn't be
such a convoluted process to get the money onto the cards.
MS. ANSELM reviewed the list of new or expanded definitions in
SB 152.
2:04:26 PM
MS. ANSELM displayed the following list of what the bill
sections address and offered to go through each section in
detail:
Sec. 01 - 07 Money Transmission Licenses
Sec. 08 - 17 Currency Exchange Licenses
Sec. 09 - 21 Authorized Delegates
Sec. 22 - 33 Examinations, Reports, Records
Sec. 34 - 35 Permissible Investments
Sec. 36 - 44 Enforcement
Sec. 45 - 48 Miscellaneous Provisions
Sec. 49 - 51 General Provisions (includes definitions)
Sec. 54 Lists repealed provisions
She informed the committee that since 2009, the division has
issued 18 Money Service Business final orders, generally against
firms operating in Alaska unlawfully. Many are large firms that
deal internationally and over the Internet. The bill clarifies
that companies that work with Alaskans over the Internet must be
appropriately licensed in Alaska.
2:05:46 PM
At ease
2:06:20 PM
CHAIR COSTELLO asked Ms. Anselm to provide a sectional analysis
for SB 152.
MS. ANSELM informed the members that the bill packets have a
brief sectional analysis that focuses on the major changes in
the bill; a detailed analysis or "crosswalk" is available upon
request. She discussed the following:
Sections 1-2. AS 06.55.101. Clarifies a license or
exemption is needed to engage in money and a licensee
must register with a designated national registry
(streamlines the licensing process).
Section 3. AS 06.55.102. Application for license.
Repeals and reenacts current provision to move the
detailed application information to regulations and
adds requirements for control person criminal and
civil background checks and authority to obtain a
credit report.
SENATOR STEVENS asked what a designated national registry does.
MS. ANSELM said they are a repository for documents that come in
from nationwide companies, including Alaska. It allows the money
service business to make just one filing and the information is
available to any state where the company wishes to be licensed
and wherever they are registered. A national registry also is a
central place to collect money that then is disbursed to the
various states. Most states are participating and most mortgage
lenders, mortgage loan originators, and money service businesses
also participate because it's a lot less expensive than to file
with each individual state. It's a matter of efficiency for both
the states and licensees.
SENATOR STEVENS asked if any legal of moral judgements are made
at that point by the designated national registry.
MS. ANSELM said no, but the regulators that look at the filing
may make a judgment because it's the official filing.
CHAIR COSTELLO requested a copy of the detailed analysis or
"crosswalk" that was previously mentioned.
2:08:42 PM
MS. ANSELM agreed to provide it and continued the sectional
analysis.
Section 4. AS 06.55.104. Security. Repeals and
reenacts the current provision to require a surety
bond in the amount required by the department up to
$1,000,000 issued by a company authorized to do
business in this state and allows the department to
issue an order if the licensee fails to maintain a
bond.
MS. ANSELM noted that this would replace the cash that needs to
be placed on deposit.
Section 5. AS 06.55.105. Issuance of license. Repeals
and reenacts the current provision to clarify the
department may be reimbursed for any applicant
investigation, may exclude any applicant, employee or
independent contract that is listed on certain
designated lists, and establishes December 31 as the
license expiration date.
MS. ANSELM explained that under existing law the license
expiration date is an annual event 12 months after the money
service business is licensed. This consolidation will make it
easier for both the division and the licensees.
Section 6. AS 45.55.106. Renewal of license. Repeals
and reenacts the current provision to move the
detailed application information to regulations,
requires applicant provide updated and additional
information and provides a 60 day time period for the
department to approve or deny the application.
Section 7. AS 06.55.108. Annual assessment fee and
annual report. Replaces the nominal, static annual
renewal fee with a volume-based annual assessment fee,
requires an annual report be submitted to the
department, and assesses a fee for late filings or
payment.
Currency Exchange Licenses
Sections 8-9. AS 06.55.201. License required.
Clarifies license is needed to engage in currency
exchange or money transmission and deletes authorized
delegate of a licensed money transmitter. Requires
registration with a designated national registry
(streamlines the licensing process).
Section 10. AS 06.55.202. Application for license.
Repeals and reenacts current provision to move the
detailed application information to regulations and
adds requirements for control person criminal and
civil background checks and authority to obtain a
credit report.
2:11:04 PM
CHAIR COSTELLO asked if Section 10 is identical to Section 3.
MS. ANSELM replied they're similar but the applications are
different. Section 3 deals with money transmission licenses and
Section 10 deals specifically with currency exchange licenses.
Under the money transmission law, a currency exchange is
considered money transmission. It can be a standalone license,
but it doesn't allow as many offerings as a money transmission
license. The latter applies to the reloadable cards and other
things.
Sections 11-14. AS 06.55.203. Issuance of license.
Repeals and reenacts the current provisions to clarify
the department may be reimbursed for any applicant
investigation, may exclude any applicant, employee or
independent contract that is listed on certain
designated lists, establishes December 31 as the
license expiration/renewal date and provides a 120 day
period for the department to approve or deny the
application (30 day appeal period for a denial).
Section 15. AS 06.55.204. Renewal of license. Repeals
and reenacts the current provision to move the
detailed application information to regulations,
requires applicant provide updated and additional
information and provides a 60 day time period for the
department to approve or deny the application.
Section 16. AS 06.55.206. Security. Requires a surety
bond in the amount required by the department up to
$1,000,000 issued by a company authorized to do
business in this state and allows the department to
issue an order if the licensee fails to maintain a
bond. Allows either a claimant against the licensee or
the department to file an action on the bond and
requires that the bond remain in effect a minimum of
five years after licensure.
Section 17. AS 06.55.207. Annual assessment fee and
annual report. Replaces the nominal, static annual
renewal fee with a volume-based annual assessment fee,
requires an annual report be submitted to the
department, and assesses a fee for late filings or
payment.
Authorized Delegates
Sections 18-20. AS 06.55.301. Relationship between
licensee and authorized delegate. Removes definition
of "Remit" and moves it to definition section. Expands
statutory references for scope of permissible activity
of authorized delegate and clarifies that a licensee
is responsible for the actions of an authorized
delegate.
Section 21. AS 06.55.304. Limited authorization of
subdelegate. Allows a licensee to contract with
another licensee to use that other license's existing
authorized delegate as a subdelegate to reload prepaid
cards and requires the licensee to maintain books and
records of contracts.
Examinations, Reports, Records
Section 22. AS 06.55.401. Authority to conduct
examinations. Repeals and reenacts the current
provisions for authority to examine, interview or
investigate; removes the 45-day advance notice
requirement and specifically authorizes joint
examination and investigations with other regulators.
Allows department to gather evidence relevant for a
hearing or investigation and allows reimbursement of
examination or investigation costs.
Section 23. AS 06.55.402. Cooperation. Repealed and
reenacted to allow cooperation with other regulators.
Sections 24-25. AS 06.55.403. Reports. Expands the
required quarterly report information. Requires
licensee to notify the department within one day of
most petition filings, lawsuits, bond cancellation, or
criminal charges or convictions against the licensee
or authorized delegate. Allows the Department to
assess a late fee or other consequence for failure to
report as required.
Sections 26-28. AS 06.55.404. Change of control.
Requires a 30-day advance notice of a change of
control and notice within 15 days of learning of a
proposed change in control be submitted to the
department along with any required fee. The department
as 120 days to approve or deny a change in control
request.
Sections 29-30. AS 06.55.405. Records. Adds currency
transaction reports and suspicious activity reports to
the types of records to be retained. Extends the
retention period from three to five years and requires
the records to be provided in a format established by
the department.
Section 31. AS 06.55.406. Money laundering reports.
Repealed and reenacted to align reporting requirements
with federal law.
Sections 32-33. AS 06.55.407. Confidentiality. Allows
the department to share information with state or
federal agencies without giving prior notice to a
licensee and expands the list of licensee information
that may be publicly disclosed to include the address
and name of a contact individual for a licensee and
their authorized delegate.
2:15:42 PM
CHAIR COSTELLO asked if Sections 32 and 33 are a uniform law or
align with other states.
MS. ANSELM replied this generally aligns with other states, but
it shouldn't be called a uniform act because the states are no
longer all the same.
Permissible Investments
Sections 34-35. AS 06.55.501. Maintenance of
permissible investments. Clarifies that permissible
investment calculations must consider any limitations
imposed by the department.
Sections 36-37. AS 06.55. 601. Suspension and
revocation of licensees; receivership. Clarifies that
the department may issue an order against a licensee
if either the licensee or an authorized delegate is
convicted of or violates certain provisions; a fact or
condition that may have been grounds for denial was
not disclosed with license application; the licensee
engaged in false, misleading or deceptive advertising,
failed to pay a judgement or knowingly made a material
misstatement or withheld material information.
Includes currency exchange operations, potential loss
and any order issued by the department or other
regulators in determining whether a licensee is
engaging in an unsafe or unsound practice.
Sections 38-39. AS 06.55.602. Suspension and
revocation of authorized delegates and subdelegates.
Expands the department's ability to issue, suspend or
revoke the designation of an authorized delegate or
subdelegate.
2:17:47 PM
Section 40. AS 06.55.603. Administrative orders.
Repealed and reenacted to change "cease and desist" to
"administrative" order. Expands the requirements of
administrative orders that can be issued. Allows
person to petition superior court for judicial order
to modify the order pending completion of an
administrative proceeding.
Sections 41-44. AS 06.55.607. Unlicensed persons.
Repealed and reenacted to add subdelegate to
unlicensed activity provisions and establishes an
additional monetary penalty for unlicensed activity.
Miscellaneous Provisions
Section 45. AS 06.55.802. Exemptions. Includes
insurance companies, title insurance companies, escrow
agents, and attorneys as exempt from the provisions of
this chapter.
Section 46. AS 06.55.810. Notices required. Repealed
and reenacted to require a money services licensee
provide notice at locations where no authorized
delegate or subdelegate is designated to provide
services; require authorized delegates and
subdelegates to provide customer complaint resolution
information at locations where they provide money
services; and allows department to establish content
of notices.
MS. ANSELM said if somebody is reloading a card in person, they
need to know that is the only place they can reload that card as
opposed to having those delegations set up with other money
service businesses.
Section 47. AS 06.55.820. Transmission, receipt, and
refund. Repealed and reenacted to require compliance
with the Federal Transmittance Rule for transmission,
receipt and refunds and department requirements.
Section 48. AS 06.55.860. Compliance with federal
requirements. Required compliance with the listed
federal laws related to money services businesses.
MS. ANSELM added that this clarifies that Internet money service
activity is regulated by this chapter.
AS 06.55.870 Escheatment of property. Requires
compliance with unclaimed property laws in Alaska.
AS 06.55.880. Application to Internet activities.
Clarifies internet money services activity is
regulated by this chapter.
General Provisions.
Section 49. AS 06.55.900. Administration. Authorizes
use of a registry for obtaining information required
for licensing purposes.
AS 06.55.920. Regulations. Authorizes the department
to adopt regulations.
Section 50. AS 06.55.990. Definitions. Repealed and
reenacted. Amends or adds the following definitions:
(1) applicant - new
(4) control - amended
(5) currency - new
(10) fiat currency - new
(11) funds - new
(12) informal value transfer system - new
(13) medium of exchange - new
(16) money laundering - new
(20) money transmission - amended
(21) money transmission license - amended
(23) Nationwide Multistate Licensing System and
Registry - new
(24) officer - new
(25) open-loop stored value - new
(26) outstanding - amended
(27) payment instrument - amended
(28) payment system - new
(31) registry - new
(32) remit - new
(34) stored value - amended
(35) subdelegate - new
(36) unsafe or unsound practice - amended
(37) virtual currency - new
(38) virtual currency business activity
Section 51. AS 06.55.995. Short title. Removes
"Uniform" from the title of the Act.
Sections 52 - 53. Adds provisions relating to new law
in AS 12.62.
Section 54. Enumerates provisions repealed.
Section 55. Allows transition regulations.
Section 56. Revisor's instructions.
Section 57. Section 55 takes effect immediately.
Section 58. Effective date is July 1, 2016, except as
provided in Section 57.
2:21:24 PM
CHAIR COSTELLO asked if anything in the legislation causes her
concern and if it is in the best interest of Alaskans.
MS. ANSELM replied it is in the best interest of Alaskans right
now, but the money services industry changes quickly. She noted
her office received a request to review several items and she
isn't sure what would come from that but the committee may hear
from the industry during public testimony.
2:23:29 PM
CHAIR COSTELLO asked if she would share what issues her office
was asked to review.
MS. ANSELM said she didn't mind at all as the letter was sent to
the committee as well.
2:23:50 PM
At ease
2:27:34 PM
CHAIR COSTELLO reconvened the meeting and opened public
testimony on SB 152. Finding none, she closed public testimony
on SB 152.
2:28:03 PM
At ease
2:29:32 PM
CHAIR COSTELLO reconvened the meeting and asked Ms. Anselm to
discuss the issues raised in the letter from the Money Services
Round Table (MSRT).
MS. ANSELM discussed the following points:
Liability for Authorized Delegate Conduct. MSRT expressed the
view that the broad assignment of vicarious liability could be
construed as excusing an authorized delegate from responsibility
for its own conduct. Ms. Anselm said she doesn't agree based on
the way the law is proposed. The subdelegate's authority is
limited to reloading cards and it's the responsibility of the
licensee to make sure that both the delegate and the subdelegate
and doing the right things.
Recordkeeping Requirements. Ms. Anselm said the department feels
it's necessary to set out guidelines about what it can access.
The industry generally uses more current technology than the
department so it will need to keep records in a format that the
department can access. The department would be able to look at
the Suspicious Activity Reports filed under the Bank Secrecy
Act. She said she isn't specifically familiar with Project
Gateway but the department works closely with FinCEN on
Suspicious Activity Reports and that may be the piece the
department ultimately uses. She assured the committee that the
department will make it as easy on industry as possible while
still protecting Alaskan consumers.
2:33:11 PM
Fingerprinting Requirements. MSRT objects to the fingerprinting
requirement extending to the control persons of publicly traded
corporations or their subsidiaries and maintains that is
consistent with other state transmitter laws. Ms. Anselm said if
that is true, the department could look at whether it makes
sense to make an exception.
Change of Control Notice Requirements. Specifically, the
department is asking for notice in a record 30 days before a
proposed change of control and notice in a record not later than
15 days after learning of the proposed change of control. Ms.
Anselm said the department recognizes that entities often don't
know they're being taken over until after it's happened. If they
do know beforehand the department wants to be notified of that,
but if they don't know until afterwards the department wants to
know quickly. The department hasn't had an opportunity to talk
with MSRT to discuss the intent.
Special Reporting Requirements. MSRT is pointing out that the
one day notice is very short, but if a licensee has a person
that is being charged with a felony, they generally know it very
quickly. Ms. Anselm said this is a fast moving business so it's
important that the department knows right away if something is
going wrong. In Alaska there have been instances where a
licensee knew that somebody had been charged but the law doesn't
require their removal until they've been sentenced. This is a
concern for money transmission and currency exchange, she said.
She acknowledged that there may need to be some exceptions.
Limited Authorization of Subdelegate. MSRT is looking for
clarification in the proposal that the term "licensee's existing
open-loop stored-value cards" includes stored-value cards issued
by a bank and distributed by a licensee under its own license.
Ms. Anselm said that probably could be further defined in
regulation.
Publication of Authorized Delegates. The bill allows the
department to publish a list of authorized delegates including
the names of contact individuals of each authorized delegate.
MSRT is concerned that a published list will cause
administrative and technical challenges for both licensees and
the department. Ms. Anselm said the department already keeps a
list like that and will explore whether or not there will be a
problem they haven't experienced.
Authority to Suspend/Revoke an Authorized Delegate. If an
authorized delegate or subdelegate violated any other state or
federal law applicable to a money transmitter, MSRT is asking
that it be limited to its original scope and that the provision
applies only to any other state or federal order enforcing a law
applicable to a money services business. Ms. Anselm she isn't
sure why that's a problem but it may be clear when she speaks
with MSRT.
2:37:47 PM
CHAIR COSTELLO thanked Ms. Anselm for the thorough review and
held SB 152 in committee for further consideration.
2:38:15 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:38 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 152 - Fiscal Note.PDF |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 152 - Hearing Request.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 152 - Presentation.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 152 - Sectional Analysis.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 152 - White Paper.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 152.PDF |
SL&C 3/8/2016 1:30:00 PM |
SB 152 |
| SB 168 - Background Document - Board of Barbers and Hairdressers.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| SB 168 - Background Document - Structuring Boards.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| SB 168 - Board Support Letter.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| SB 168 - Fiscal Note.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| SB 168 - Sponsor Statement.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| SB 168.PDF |
SL&C 3/8/2016 1:30:00 PM |
SB 168 |
| CS SB 165 (L&C) Ver. W.pdf |
SL&C 3/8/2016 1:30:00 PM |
SB 165 |