SB 1580 — money transmission; money transmitter licensure
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 01, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Mixed recorded votes
4 passed, 4 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
1855 added · 1728 removedPlain-language change summary
The new revisions to SB 1580 have made changes to the application fees for banks and savings and loan associations in Arizona. Notably, the application fees for a banking permit and savings and loan association permit have been maintained at $1,000 and $5,000, respectively, but the detailed structure of the fees remains clear and intentional. This clarity can help streamline the application process for financial institutions, making it easier for them to understand their costs, which is crucial for fostering a more accessible financial sector. Overall, these amendments aim to improve the regulatory framework surrounding money transmission and bank operations in the state.
SenateHouse Engrossed Senate Bill money transmission;
money transmitter licensure State of Arizona Senate Fifty-fifth Legislature Second Regular Session CHAPTER 236 SENATE BILL 1580 AN ACT AMENDING SECTIONSECTIONS 6-123.01,6-123.01 AND 6-126, ARIZONA REVISED STATUTES;
AMENDING SECTIONSECTIONS 13-2317,13-2317 AND 41-5605, ARIZONA REVISED STATUTES;
AMENDING SECTION 41-5605, ARIZONA REVISED STATUTES;
RepealSection Title6-126, 6, chapter 12, article 1, Arizona Revised Statutes, is repealed.amended to read:
6-126.
Application fees for financial institutions and enterprises A.
The following nonrefundable fees are payable to the department with the filing of the following:
1.
To apply for a banking permit, $1,000.
2.
To apply for an amendment to a banking or savings and loan association permit, $1,000.
3.
To establish each banking branch office, $750.
4.
To move a banking office to other than an established office of a bank, $1,000.
5.
To apply for a savings and loan association permit, $5,000.
6.
To establish each savings and loan association branch office, $1,500.
7.
To move an office of a savings and loan association to other than an established office, $1,000.
8.
To organize and establish a credit union, $100.
9.
To establish each credit union branch or to move a credit union office to other than an established office of a credit union, $250.
10.
To organize and establish any other financial institutions for which an application or investigation fee is not otherwise provided by law, $1,000.
11.
To acquire control of a financial institution other than a consumer lender, $5,000.
12.
To apply for a trust company license, $1,000.
13.
To apply for a commercial mortgage banker, mortgage banker, escrow agent or consumer lender license, $1,000.
14.
To apply for a mortgage broker, commercial mortgage broker, sales finance company or debt management company license, $500.
15.
To apply for a collection agency license, $1,500.
16.
To apply for a branch office of an escrow agent, consumer lender, commercial mortgage banker, mortgage banker or trust company, $500.
Show all 307 changed lines (267 more)
17.
To apply for a branch office of a mortgage broker, commercial mortgage broker, debt management company or sales finance company, $250.
- 2 - S.B.
1580 18.
To apply for approval for the merger or consolidation of two or more financial institutions, $5,000 per institution.
19.
To apply for approval to convert from a national bank or federal savings and loan charter to a state chartered institution, $1,000.
20.
To apply for approval to convert from a federal credit union to a state chartered credit union, $500.
21.
To apply for approval to merge or consolidate two or more credit unions, $500 per credit union.
22.
To change the licensee name on a financial institution or enterprise license, except for a loan originator or appraiser license, not more than $250.
23.
To apply for a money transmitter license PURSUANT TO CHAPTER 12, ARTICLE 1 OF THIS TITLE, $1,500 plus $25 for each branch office and authorized delegate to a maximum of $4,500.
24.
To acquire control of any money transmitter A PERSON THAT IS LICENSED PURSUANT TO CHAPTER 12, ARTICLE 1 OF THIS TITLE or A controlling person pursuant to chapter 12 of this title, $2,500.
25.
To receive the following publications:
(a) Quarterly bank and savings and loan statement of condition, not more than $10 per copy.
(b) Monthly summary of actions report, not more than $5 per copy.
(c) A list of licensees, a monthly pending actions report and all other in-house prepared reports or listings made available to the public, not more than $1 per page.
26.
To apply for a loan originator license, an amount to be determined by the deputy director.
27.
To apply for a loan originator license transfer, an amount to be determined by the deputy director.
28.
To apply for a conversion from a mortgage banker license to a mortgage broker license, an amount to be determined by the deputy director.
29.
For a premium finance company, $300 plus $300 for each branch office.
30.
For an advance fee loan broker, $50.
B.
On application for a license or permit for an enterprise or consumer lender, the applicant shall pay the first year's annual assessment listed in subsection D of this section, prorated according to the number of quarters remaining until the date of the next annual assessment or renewal.
If the result of the application ends in a denial, the department shall refund the prorated annual assessment that the applicant paid.
Annual renewal fees are nonrefundable.
- 3 - S.B.
1580 C.
On issuance of a license or permit for a financial institution, the department shall collect the first year's annual assessment or renewal fee for the financial institution, except for a consumer lender that paid on application, prorated according to the number of quarters remaining until the date of the next annual assessment or renewal.
D.
The following annual assessments and renewal fees shall be paid each year:
1.
For an escrow agent or trust company, $1,000 plus $250 for each branch office.
2.
For a debt management company or sales finance company, $500 plus $200 for each branch office.
3.
For a collection agency, $600.
4.
For an inactive mortgage broker or commercial mortgage broker, $250.
5.
For a mortgage banker that negotiates or closes in the aggregate one hundred loans or less in the immediately preceding calendar year, $750, and for a mortgage banker that negotiates or closes in the aggregate over one hundred loans in the immediately preceding calendar year, $1,250.
In addition, a mortgage banker shall pay $250 for each branch office.
6.
For a commercial mortgage banker, $1,250.
In addition, a commercial mortgage banker shall pay $250 for each branch office.
7.
For a mortgage broker or commercial mortgage broker that negotiates or closes in the aggregate fifty loans or less in the immediately preceding calendar year, $250 and for a mortgage broker or commercial mortgage broker that negotiates or closes in the aggregate more than fifty loans in the immediately preceding calendar year, $500.
In addition, a mortgage broker or commercial mortgage broker shall pay $200 for each branch office.
8.
For a consumer lender, $1,000 plus $200 for each branch office.
9.
For a money transmitter LICENSEE PURSUANT TO CHAPTER 12, ARTICLE 1 OF THIS TITLE, $500 plus $25 for each branch office and each authorized delegate to a maximum of $2,500.
10.
For a loan originator, an amount to be determined by the deputy director.
11.
For a loan originator change to inactive status, an amount to be determined by the deputy director.
12.
For a premium finance company, $300 plus $300 for each branch office.
13.
For an advance fee loan broker, $25.
Repeal Title 6, chapter 12, article 1, Arizona Revised Statutes, is repealed.
- 4 - S.B.
1580 Sec.
4.
-7. 2 - S.B.
1580 7.
"FEDERALLY INSURED DEPOSITORY FINANCIAL INSTITUTION" MEANS A BANK, CREDIT UNION, SAVINGS AND LOAN ASSOCIATION, TRUST COMPANY, SAVINGS ASSOCIATION, SAVINGS BANK, INDUSTRIAL BANK OR INDUSTRIAL LOAN COMPANY ORGANIZED UNDER THE LAWS OF THE UNITED STATES OR ANY STATE OF THE UNITED STATES, WHEN THE BANK, CREDIT UNION, SAVINGS AND LOAN ASSOCIATION, TRUST COMPANY,- SAVINGS5 ASSOCIATION,- SAVINGSS.B. BANK, INDUSTRIAL BANK OR INDUSTRIAL LOAN COMPANY HAS FEDERALLY INSURED DEPOSITS.
1580 COMPANY, SAVINGS ASSOCIATION, SAVINGS BANK, INDUSTRIAL BANK OR INDUSTRIAL LOAN COMPANY HAS FEDERALLY INSURED DEPOSITS.
-17. 3 - S.B.
1580 17.
(b)- DOES6 NOT- INCLUDES.B. PROVIDING SOLELY ONLINE TELECOMMUNICATIONS SERVICES OR NETWORK ACCESS.
1580 (b) DOES NOT INCLUDE PROVIDING SOLELY ONLINE TELECOMMUNICATIONS SERVICES OR NETWORK ACCESS.
"NMLS" MEANS THE NATIONWIDE MULTISTATE LICENSING SYSTEM AND REGISTRY THAT IS DEVELOPED BY A CONFERENCE OF STATE BANK SUPERVISORS AND THE AMERICAN ASSOCIATION OF RESIDENTIAL MORTGAGE REGULATORS AND THAT IS OWNED AND OPERATED BY A STATE REGULATORY REGISTRY FOR THE LICENSING AND REGISTRATION OF PERSONS IN FINANCIAL SERVICES INDUSTRIES.
-(ii) 4COMMITS -TO S.B.THE PASSIVITY CHARACTERISTICS OF SUBDIVISIONS (a), (b) AND (c) OF THIS PARAGRAPH IN A WRITTEN DOCUMENT.
1580 (ii) COMMITS TO THE PASSIVITY CHARACTERISTICS OF SUBDIVISIONS (a), (b) AND (c) OF THIS PARAGRAPH IN A WRITTEN DOCUMENT.
(i)- REDEEMABLE7 BY- THES.B. ISSUER ONLY FOR GOODS OR SERVICES PROVIDED BY THE ISSUER OR ITS AFFILIATE OR FRANCHISEES OF THE ISSUER OR ITS AFFILIATE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE REDEEMABLE IN CASH FOR ITS CASH VALUE.
1580 (i) REDEEMABLE BY THE ISSUER ONLY FOR GOODS OR SERVICES PROVIDED BY THE ISSUER OR ITS AFFILIATE OR FRANCHISEES OF THE ISSUER OR ITS AFFILIATE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE REDEEMABLE IN CASH FOR ITS CASH VALUE.
(a) MEANS MONETARY VALUE REPRESENTING A CLAIM AGAINST THE ISSUER THAT IS EVIDENCED BY AN ELECTRONIC OR DIGITAL RECORD AND THAT IS INTENDED AND ACCEPTED FOR USE AS A MEANS OF REDEMPTION FOR MONEY OR MONETARY VALUE OR PAYMENT FOR GOODS OR SERVICES.
(b) INCLUDES PREPAID ACCESS AS DEFINED IN 31 CODE OF FEDERAL REGULATIONS SECTION 1010.1001010.100. (c) DOES NOT INCLUDE A PAYMENT INSTRUMENT OR CLOSED LOOP STORED VALUE OR STORED VALUE NOT SOLD TO THE PUBLIC BUT ISSUED AND DISTRIBUTED AS PART OF A LOYALTY, REWARDS OR PROMOTIONAL PROGRAM.
(c) DOES NOT INCLUDE A PAYMENT INSTRUMENT OR CLOSED LOOP STORED VALUE OR STORED VALUE NOT SOLD TO THE PUBLIC BUT ISSUED AND DISTRIBUTED AS PART OF A LOYALTY, REWARDS OR PROMOTIONAL PROGRAM.
AN OPERATOR OF A PAYMENT SYSTEM THAT PROVIDES PROCESSING, CLEARING OR SETTLEMENT SERVICES BETWEEN OR AMONG PERSONS EXEMPTED BY THIS SECTION OR LICENSEES IN CONNECTION WITH WIRE TRANSFERS, CREDIT CARD TRANSACTIONS, DEBIT CARD TRANSACTIONS, STORED VALUE TRANSACTIONS, AUTOMATED CLEARINGCLEARINGHOUSE HOUSE TRANSFERS OR SIMILAR TRANSFERS OF MONEY.
-2. 5 - S.B.
1580 2.
(c) PAYMENT FOR THE GOODS AND SERVICES IS TREATED AS RECEIVED BY THE PAYEE ON RECEIPT BY THE AGENT SO THAT THE PAYOR'S OBLIGATION IS EXTINGUISHED- AND8 THERE- ISS.B. NO RISK OF LOSS TO THE PAYOR IF THE AGENT FAILS TO REMIT THE MONEY TO THE PAYEE.
1580 EXTINGUISHED AND THERE IS NO RISK OF LOSS TO THE PAYOR IF THE AGENT FAILS TO REMIT THE MONEY TO THE PAYEE.
A PERSON THAT ACTS AS AN INTERMEDIARY BY PROCESSING PAYMENTS BETWEEN AN ENTITY THAT HAS DIRECTLY INCURRED AN OUTSTANDING MONEY TRANSMISSION OBLIGATION TO A SENDER AND THE SENDER'S DESIGNATED RECIPIENT, IF THE ENTITY DOESMEETS ALL OF THE FOLLOWING:FOLLOWING CRITERIA:
-9. 6 - S.B.
1580 9.
AN INDIVIDUAL EMPLOYED BY A LICENSEE, AN AUTHORIZED DELEGATE OR ANY PERSON EXEMPT FROM THE LICENSING REQUIREMENTS OF THIS ARTICLE WHEN ACTING WITHIN THE SCOPE OF EMPLOYMENT AND UNDER THE SUPERVISION OF THE LICENSEE,- AUTHORIZED9 DELEGATE- ORS.B. EXEMPT PERSON AS AN EMPLOYEE AND NOT AS AN INDEPENDENT CONTRACTOR.
1580 LICENSEE, AUTHORIZED DELEGATE OR EXEMPT PERSON AS AN EMPLOYEE AND NOT AS AN INDEPENDENT CONTRACTOR.
-3. 7 - S.B.
1580 3.
THE DIRECTOR MAY CONDUCT AN EXAMINATION OR INVESTIGATION AND TAKE ACTION AUTHORIZED BY THIS TITLE OR BY A RULE ADOPTED OR ORDER ISSUED UNDER- THIS10 TITLE- TOS.B. ADMINISTER AND ENFORCE THIS ARTICLE AND OTHER APPLICABLE LAW, INCLUDING THE BANK SECRECY ACT (P.L.
1580 UNDER THIS TITLE TO ADMINISTER AND ENFORCE THIS ARTICLE AND OTHER APPLICABLE LAW, INCLUDING THE BANK SECRECY ACT (P.L.
-C. 8 - S.B.
1580 C.
6-1207.- 11 - S.B.
1580 6-1207.
-C. 9 - S.B.
1580 C.
FOR THE PURPOSE OF PARTICIPATING IN THENMLS, NATIONWIDE MULTISTATE LICENSURE SYSTEM AND REGISTRY, THE DIRECTOR MAY WAIVE OR MODIFY, IN WHOLE OR IN PART, BY RULE OR ORDER, ANY OR ALL OF THE REQUIREMENTS AND ESTABLISH NEW REQUIREMENTS AS REASONABLY NECESSARY TO PARTICIPATE IN THENMLS. NATIONWIDE MULTISTATE LICENSURE SYSTEM AND REGISTRY.
6-1209.- 12 - S.B.
1580 6-1209.
-B. 10 - S.B.
1580 B.
5.- 13 - S.B.
1580 5.
-6-1210. 11 - S.B.
1580 6-1210.
B.- 14 - S.B.
1580 B.
-(d) 12MEDIA -HISTORY, S.B.INCLUDING AN ELECTRONIC SEARCH OF NATIONAL AND LOCAL PUBLICATIONS, WIRE SERVICES AND BUSINESS APPLICATIONS.
1580 (d) MEDIA HISTORY, INCLUDING AN ELECTRONIC SEARCH OF NATIONAL AND LOCAL PUBLICATIONS, WIRE SERVICES AND BUSINESS APPLICATIONS.
2.- 15 - S.B.
1580 2.
THE DIRECTOR'S DETERMINATION THAT AN APPLICATION IS COMPLETE AND IS ACCEPTED FOR PROCESSING MEANS ONLY THAT THE APPLICATION, ON ITS FACE, APPEARS TO INCLUDE ALL OF THE ITEMS, INCLUDING THE CRIMINAL BACKGROUND CHECK RESPONSE FROM THE FEDERAL BUREAU OF INVESTIGATION, AND TO ADDRESS ALL OF THE MATTERS THAT ARE REQUIRED, AND IS NOT AN ASSESSMENT OF THE SUBSTANCE OF THE APPLICATION OR OF THE SUFFICIENCY OF THE INFORMATION PROVIDED.
WHEN AN APPLICATION IS FILED AND CONSIDERED COMPLETE UNDER THIS THIS SECTION, THE DIRECTOR SHALL INVESTIGATE THE APPLICANT'S FINANCIAL CONDITION AND RESPONSIBILITY, FINANCIAL AND BUSINESS EXPERIENCE, CHARACTER AND GENERAL FITNESS.
-2. 13 - S.B.
1580 2.
THE LICENSE SHALL EXPIRE ON DECEMBER 31 OF THE YEAR IN WHICH THE LICENSE TERM BEGAN EXCEPT THAT IF THE INITIAL LICENSE DATE IS BETWEEN NOVEMBER- 116 AND- DECEMBERS.B. 31, THE INITIAL LICENSE TERM SHALL RUN THROUGH DECEMBER 31 OF THE FOLLOWING YEAR.
1580 NOVEMBER 1 AND DECEMBER 31, THE INITIAL LICENSE TERM SHALL RUN THROUGH DECEMBER 31 OF THE FOLLOWING YEAR.
A LICENSEE MAY RENEW AN EXPIRED LICENSE NOT LATER THAN JANUARY 31 AND IS SUBJECT TO A LATE FEE OF $500.
AN INDIVIDUAL IS NOT DEEMED TO ACQUIRE -CONTROL 14OF -A S.B.LICENSEE AND IS NOT SUBJECT TO THIS SECTION WHEN THE INDIVIDUAL BECOMES A KEY INDIVIDUAL IN THE ORDINARY COURSE OF BUSINESS.
1580 CONTROL OF A LICENSEE AND IS NOT SUBJECT TO THIS SECTION WHEN THE INDIVIDUAL BECOMES A KEY INDIVIDUAL IN THE ORDINARY COURSE OF BUSINESS.
E.- 17 - S.B.
WHEN1580 ANE. APPLICATION FOR ACQUISITION OF CONTROL UNDER THIS SECTION APPEARS TO INCLUDE ALL OF THE ITEMS AND ADDRESS ALL OF THE MATTERS THAT ARE REQUIRED, THE APPLICATION SHALL BE CONSIDERED COMPLETE AND THE DIRECTOR SHALL PROMPTLY NOTIFY THE APPLICANT IN A RECORD OF THE DATE ON WHICH THE APPLICATION WAS DETERMINED TO BE COMPLETE AND ALL OF THE FOLLOWING APPLY:
WHEN AN APPLICATION FOR ACQUISITION OF CONTROL UNDER THIS SECTION APPEARS TO INCLUDE ALL OF THE ITEMS AND ADDRESS ALL OF THE MATTERS THAT ARE REQUIRED, THE APPLICATION SHALL BE CONSIDERED COMPLETE.
THE DIRECTOR SHALL PROMPTLY NOTIFY THE APPLICANT IN A RECORD OF THE DATE ON WHICH THE APPLICATION WAS DETERMINED TO BE COMPLETE AND ALL OF THE FOLLOWING APPLY:
(b) THE PERSON OR GROUP OF PERSONS ACTING IN CONCERT AREIS NOT PROHIBITED FROM ACQUIRING CONTROL.
THE FINANCIAL CONDITION AND RESPONSIBILITY, FINANCIAL AND BUSINESS EXPERIENCE, COMPETENCE, CHARACTER AND GENERAL FITNESS OF THE PERSON OR GROUP OF PERSONS ACTING IN CONCERT, SEEKING TO ACQUIRE CONTROL -AND 15THE -COMPETENCE, S.B.EXPERIENCE, CHARACTER AND GENERAL FITNESS OF THE KEY INDIVIDUALS AND PERSONS THAT WOULD BE IN CONTROL OF THE LICENSEE AFTER THE ACQUISITION OF CONTROL INDICATE THAT IT IS IN THE INTEREST OF THE PUBLIC TO ALLOW THE PERSON OR GROUP OF PERSONS ACTING IN CONCERT TO CONTROL THE LICENSEE.
1580 AND THE COMPETENCE, EXPERIENCE, CHARACTER AND GENERAL FITNESS OF THE KEY INDIVIDUALS AND PERSONS THAT WOULD BE IN CONTROL OF THE LICENSEE AFTER THE ACQUISITION OF CONTROL INDICATE THAT IT IS IN THE INTEREST OF THE PUBLIC TO ALLOW THE PERSON OR GROUP OF PERSONS ACTING IN CONCERT TO CONTROL THE LICENSEE.
I.- 18 - S.B.
1580 I.
PERSONS PRESCRIBED IN SUBSECTION J, PARAGRAPHS 2, 3, 4, 6 AND 7 OF THIS SECTION, IN COOPERATION WITH THE LICENSEE, SHALL NOTIFY THE DIRECTOR WITHIN FIFTEEN DAYS AFTER THE ACQUISITION OF CONTROL.
-L. 16 - S.B.
1580 L.
4.- 19 - S.B.
1580 4.
-6-1215. 17 - S.B.
1580 6-1215.
WITHIN NINETY DAYS AFTER THE DATE ON WHICH THE NOTICE PROVIDED PURSUANT TO SUBSECTION A OF THIS SECTION IS DETERMINED TO BE COMPLETE, THE DIRECTOR MAY ISSUE A NOTICE OF DISAPPROVAL OF A KEY INDIVIDUAL IF THE COMPETENCE,COMPETENCE EXPERIENCE, CHARACTER OR INTEGRITYEXPERIENCE OF THE INDIVIDUAL IS NOT IN THE BEST INTERESTS OF THE PUBLIC OR THE CUSTOMERS OF THE LICENSEE TO ALLOW THE INDIVIDUAL TO BE A KEY INDIVIDUAL OF THE LICENSEE.
D.- 20 - S.B.
1580 D.
-4. 18 - S.B.
1580 4.
C.- 21 - S.B.
1580 C.
-10. 19 - S.B.
1580 10.
1.- 22 - S.B.
1580 1.
-7. 20 - S.B.
1580 7.
C.- 23 - S.B.
1580 C.
-9. 21 - S.B.
1580 9.
6-1223.- 24 - S.B.
1580 6-1223.
RefundsRefunds; A.
exceptions A.
-2. 22 - S.B.
1580 2.
2.- 25 - S.B.
1580 2.
THE NAME OF THE SENDER.SENDER TO THE EXTENT THE LICENSEE OR ITS AUTHORIZED DELEGATE IS REQUIRED TO CAPTURE THIS INFORMATION PRIOR TO TRANSMISSION.
THE NAME OF THE DESIGNATED RECIPIENT.RECIPIENT UNLESS THE LICENSEE CAN DETERMINE THE RECIPIENT VIA THE UNIQUE TRANSACTION OR IDENTIFICATION NUMBER AS PRESCRIBED IN PARAGRAPH 4 OF THIS SUBSECTION, IN WHICH CASE THE NAME OF THE RECIPIENT IS NOT REQUIRED.
THE NAME OF THE LICENSEE,LICENSEE OR ITS AUTHORIZED DELEGATE, THE NMLS UNIQUE IDENTIFIER, THE LICENSEE'S OR ITS AUTHORIZED DELEGATE'S BUSINESS ADDRESS AND THE LICENSEE'S OR ITS AUTHORIZED DELEGATE'S CUSTOMER SERVICE TELEPHONE NUMBER.
-7. 23 - S.B.
1580 7.
3.- 26 - S.B.
1580 3.
-D. 24 - S.B.
1580 D.
EXCEPT FOR PERMISSIBLE INVESTMENTS ENUMERATED IN SECTION 6-1230, SUBSECTION A, THE DIRECTOR MAY LIMIT THE EXTENT TO WHICH A SPECIFIC INVESTMENT MAINTAINED BY A LICENSEE WITHIN A CLASS OF PERMISSIBLE INVESTMENTS MAY BE CONSIDERED A PERMISSIBLE INVESTMENT IF THE SPECIFIC INVESTMENT- REPRESENTS27 UNDUE- RISKS.B. TO CUSTOMERS NOT REFLECTED IN THE MARKET VALUE OF INVESTMENTS.
1580 INVESTMENT REPRESENTS UNDUE RISK TO CUSTOMERS NOT REFLECTED IN THE MARKET VALUE OF INVESTMENTS.
ON THE ESTABLISHMENT OF A STATUTORY TRUST PURSUANT TO SUBSECTION C OF THIS SECTION OR WHEN ANY MONEY AREIS DRAWN ON A LETTER OF CREDIT PURSUANT TO SECTION 6-1230, SUBSECTION A, PARAGRAPH 77, THE DIRECTOR SHALL NOTIFY THE APPLICABLE REGULATOR OF EACH STATE IN WHICH THE LICENSEE IS LICENSED TO ENGAGE IN MONEY TRANSMISSION OF THE ESTABLISHMENT OF THE TRUST OR THE MONEY DRAWN ON THE LETTER OF CREDIT.
-E. 25 - S.B.
1580 E.
CASH, INCLUDING DEMAND DEPOSITS, SAVINGS DEPOSITS AND MONIES IN SUCH ACCOUNTS HELD FOR THE BENEFIT OF THE LICENSEE'S CUSTOMERS IN A FEDERALLY INSURED DEPOSITORY FINANCIAL INSTITUTION, AND CASH EQUIVALENTS, INCLUDING AUTOMATED CLEARINGHOUSE ITEMS IN TRANSIT TO THE LICENSEE AND AUTOMATED CLEARINGHOUSE ITEMS OR INTERNATIONAL WIRES IN TRANSIT TO A PAYEE, CASH IN TRANSIT BY ARMORED CAR, CASH IN SMART SAFES, CASH IN LICENSEE-OWNED LOCATIONS, DEBIT CARD OR CREDIT CARD-FUNDED TRANSMISSION RECEIVABLES- OWED28 BY- ANYS.B. BANK OR MONEY MARKET MUTUAL FUNDS RATED "AAA" BY STANDARD AND POOR'S OR THE EQUIVALENT FROM ANY ELIGIBLE RATING SERVICE.
1580 RECEIVABLES OWED BY ANY BANK OR MONEY MARKET MUTUAL FUNDS RATED "AAA" BY STANDARD AND POOR'S OR THE EQUIVALENT FROM ANY ELIGIBLE RATING SERVICE.
-(b) 26BE -IRREVOCABLE S.B.AND UNCONDITIONAL AND INDICATE THAT IT IS NOT SUBJECT TO ANY CONDITION OR QUALIFICATIONS OUTSIDE OF THE LETTER OF CREDIT.
1580 (b) BE IRREVOCABLE, UNCONDITIONAL AND INDICATE THAT IT IS NOT SUBJECT TO ANY CONDITION OR QUALIFICATIONS OUTSIDE OF THE LETTER OF CREDIT.
FOR A NOTICE OF EXPIRATION OR NONEXTENSION OF A LETTER OF CREDIT ISSUED UNDER SUBSECTION A, PARAGRAPH 7, SUBDIVISION (d) OF THIS SECTION, AT- LEAST29 FIFTEEN- DAYSS.B. BEFORE THE EXPIRATION OF THE LETTER OF CREDIT, THE LICENSEE SHALL DEMONSTRATE TO THE SATISFACTION OF THE DIRECTOR THAT THE LICENSEE MAINTAINS PERMISSIBLE INVESTMENTS PURSUANT TO SECTION 6-1229, SUBSECTION A.
1580 AT LEAST FIFTEEN DAYS BEFORE THE EXPIRATION OF THE LETTER OF CREDIT, THE LICENSEE SHALL DEMONSTRATE TO THE SATISFACTION OF THE DIRECTOR THAT THE LICENSEE MAINTAINS PERMISSIBLE INVESTMENTS PURSUANT TO SECTION 6-1229, SUBSECTION A.
-(d) 27THE -BENEFICIARY S.B.HAS RECEIVED NOTICE OF EXPIRATION OR NONEXTENSION OF A LETTER OF CREDIT AND THE LICENSEE FAILS TO DEMONSTRATE TO THE SATISFACTION OF THE BENEFICIARY THAT THE LICENSEE WILL MAINTAIN PERMISSIBLE INVESTMENTS PURSUANT TO SECTION 6-1229, SUBSECTION A ON THE EXPIRATION OR NONEXTENSION OF THE LETTER OF CREDIT.
1580 (d) THE BENEFICIARY HAS RECEIVED NOTICE OF EXPIRATION OR NONEXTENSION OF A LETTER OF CREDIT AND THE LICENSEE FAILS TO DEMONSTRATE TO THE SATISFACTION OF THE BENEFICIARY THAT THE LICENSEE WILL MAINTAIN PERMISSIBLE INVESTMENTS PURSUANT TO SECTION 6-1229, SUBSECTION A ON THE EXPIRATION OR NONEXTENSION OF THE LETTER OF CREDIT.
F.- 30 - S.B.
UNLESS1580 OTHERWISEF. ALLOWED BY THE DIRECTOR, THE FOLLOWING INVESTMENTS ARE PERMISSIBLE UNDER SECTION 6-1229 AS FOLLOWS:
UNLESS OTHERWISE ALLOWED BY THE DIRECTOR, THE FOLLOWING INVESTMENTS ARE PERMISSIBLE UNDER SECTION 6-1229:
THE FOLLOWING INVESTMENTSINVESTMENTS, ARE PERMISSIBLE UP TO TWENTY PERCENT PER CATEGORY AND COMBINED UP TO FIFTY PERCENT OF THE AGGREGATE VALUE OF THE LICENSEE'S TOTAL PERMISSIBLE INVESTMENTS:
CASH, INCLUDING DEMAND DEPOSITS AND SAVINGS DEPOSITS AND MONEY IN SUCH ACCOUNTS HELD FOR THE BENEFIT OF THE LICENSEE'S CUSTOMERS, AT FOREIGN DEPOSITORY INSTITUTIONSINSTITUTIONS, ARE PERMISSIBLE UP TO TEN PERCENT OF THE -AGGREGATE 28VALUE -OF S.B.THE LICENSEE'S TOTAL PERMISSIBLE INVESTMENTS IF THE LICENSEE HAS RECEIVED A SATISFACTORY RATING IN ITS MOST RECENT EXAMINATION AND THE FOREIGN DEPOSITORY INSTITUTION:
1580 AGGREGATE VALUE OF THE LICENSEE'S TOTAL PERMISSIBLE INVESTMENTS IF THE LICENSEE HAS RECEIVED A SATISFACTORY RATING IN ITS MOST RECENT EXAMINATION AND THE FOREIGN DEPOSITORY INSTITUTION:
2.- 31 - S.B.
1580 2.
-B. 29 - S.B.
1580 B.
5.- 32 - S.B.
1580 5.
4.
Renumber Section 6-1241, Arizona Revised Statutes, is renumbered as section 6-1242, and section 6-1242, Arizona Revised Statutes, is renumbered as section 6-1243.
- 30 - S.B.
1580 Sec.
Renumber Section 6-1241, Arizona Revised Statutes, is renumbered as section 6-1242, and section 6-1242, Arizona Revised Statutes, is renumbered as section 6-1243.
Sec.
6.
Sec.- 33 - S.B.
6.1580 Sec.
7.
A licensee, authorized delegate or money transmitter that is required to file a report regarding business conducted in this state pursuant to the currency and foreign transactions reporting act (31 United -States Code sections 5311 through 5326, including any special measures that are established under 31 -United S.B.States Code section 5318A, and 31 Code of Federal Regulations chapter X or 12 Code of Federal Regulations section 21.11) shall file a duplicate of that report with the attorney general.
1580 States Code sections 5311 through 5326, including any special measures that are established under 31 United States Code section 5318A, and 31 Code of Federal Regulations chapter X or 12 Code of Federal Regulations section 21.11) shall file a duplicate of that report with the attorney general.
A licensee, authorized delegate or money transmitter that is regulated under the currency and foreign transactions reporting act (31 United States Code section 5325 and 31 Code of Federal Regulations chapter X) and that is required to make available prescribed records to the- secretary34 of- theS.B. United States department of THE treasury on request at any time shall follow the same prescribed procedures and create and maintain the same prescribed records relating to each transaction.
1580 the secretary of the United States department of THE treasury on request at any time shall follow the same prescribed procedures and create and maintain the same prescribed records relating to each transaction.
-H. 32 - S.B.
1580 H.
J.- 35 - S.B.
1580 J.
-L. 33 - S.B.
1580 L.
A licensee, authorized delegate, money transmitter, financial institution, person engaged in a trade or business or director, officer, employee, agent or authorized delegate of any of them that keeps or files a record as prescribed by this section, that communicates or discloses information or records under subsection M J of this section or that- requires36 another- toS.B. make any such disclosure is not liable to any person under any law or rule of this state or any political subdivision of this state or under any contract or other legally enforceable agreement, including any arbitration agreement, for the disclosure or for the failure to provide notice of the disclosure to the person who is the subject of the disclosure or to any other person who is identified in the disclosure.
1580 that requires another to make any such disclosure is not liable to any person under any law or rule of this state or any political subdivision of this state or under any contract or other legally enforceable agreement, including any arbitration agreement, for the disclosure or for the failure to provide notice of the disclosure to the person who is the subject of the disclosure or to any other person who is identified in the disclosure.
-Sec. 34 - S.B.
15808. Sec.
7.
D.- 37 - S.B.
1580 D.
8.9.
9.10.
-2. 35 - S.B.
1580 2.
6.- 38 - S.B.
1580 6.
Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting -business 36registration -requirements S.B.under 31 United States Code section 5330.
1580 business registration requirements under 31 United States Code section 5330.
In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of $100,000 or more in any twelve-month period, the person is subject to forfeiture of substitute assets in an amount- that39 is- threeS.B. times the amount that was involved in the pattern, including conduct that occurred before and after the twelve-month period.
1580 amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve-month period.
THE EXCEPTION THAT IS ESTABLISHED BY 31 UNITED STATES CODE SECTION 5313(c)(1)5331(c)(1) DOES NOT APPLY TO PERSONS WHO ARE ENGAGED IN THE MONEY ACCUMULATION BUSINESS.
-(b) 37"Financial -instrument". S.B.
1580 (b) "Financial instrument".
4.- 40 - S.B.
1580 4.
(b) DOES NOT INCLUDE A PERSON WHO IS SUBJECT TO THE REPORTING REQUIREMENTS UNDER 31 UNITED STATES CODE SECTION 5331.5313.
-Sec. 38 - S.B.
158011. Sec.
10.
2.- 41 - S.B.
1580 2.
-(g) 39Section -44-293. S.B.
1580 (g) Section 44-293.
D.- 42 - S.B.
1580 D.
-Sec. 40 - S.B.
158012. Sec.
11.
-APPROVED 41BY -THE GOVERNOR MAY 20, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 20, 2022.
- 43 -
Show all 307 changed rows (267 more)
View plain text versions (8)
- Chaptered Chaptered Version Current pdf
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version pdf
- SENATE - Finance View text pdf
- Amended HOUSE - Floor Amend to Bill - Weninger - passed pdf
- Amended HOUSE - Floor Amend to House Engrossed Senate Bill - Bolick - passed pdf
- Amended SENATE - Livingston flr amend (ref Bill) adopted pdf
- Introduced Introduced Version pdf
Action History
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Signed by Governor
-
Transmit to Governor
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PASSED
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PASSED
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Transmit to Senate
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PASSED
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DPA
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PASSED
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PASSED
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FAILED
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DPA
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
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Transmit to House
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PASSED
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DPA
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DPA
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Senate Second Reading
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Senate First Reading
Sponsors
- David Livingston · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 40 voted No
Sponsors (1)
- David Livingston Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 3 | 0 | 2 |
| Republican | 13 | 4 | 0 | 0 |
| Democrat | 6 | 0 | 0 | 0 |
| Total | 51 | 7 | 0 | 2 |
| % of votes cast | 85% | 12% | 0% | 3% |
How each member voted (60)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 21 | 0 | 4 |
| Republican | 0 | 17 | 0 | 0 |
| Democrat | 4 | 1 | 0 | 1 |
| Total | 16 | 39 | 0 | 5 |
| % of votes cast | 27% | 65% | 0% | 8% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 0 | 0 | 0 |
| Unaffiliated | 15 | 1 | 0 | 2 |
| Republican | 6 | 0 | 0 | 1 |
| Total | 26 | 1 | 0 | 3 |
| % of votes cast | 87% | 3% | 0% | 10% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Yea |
| Juan Mendez | — | Not Voting |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Yea |
| Lisa Otondo | — | Yea |
| Martin Quezada | — | Yea |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Nay |
| Paul Boyer | — | Yea |
| Raquel Terán | — | Yea |
| Rebecca Rios | — | Yea |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Yea |
| Sean Bowie | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Not Voting |
| Lela Alston | Democrat | Yea |
| Lupe Contreras | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Stephanie Stahl Hamilton | Democrat | Yea |
| Theresa Hatathlie | Democrat | Yea |
| David Gowan | Republican | Not Voting |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1580?
- SB 1580 is sponsored by David Livingston (Republican).
- What is the current status of SB 1580?
- This bill has been enacted into law. Introduced February 01, 2022. Enacted.
- Where can I track SB 1580?
- Track SB 1580 free on One Click Politics — get push/email alerts when it moves.
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