Banking division-nationwide licensing system.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0061

ENROLLED ACT NO. 9, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to trade and commerce;
authorizing use of a nationwide licensing system for
licensing activities regulated by the division of banking

under the
Uniform Consumer Credit Code
and
t
he M
oney
T
ransmitter
A
ct
;
requiring fingerprinting and background checks including criminal history record checks for licensure;
providing authority to the commissioner of the division of banking to implement nationwide licensing system
s
;
providing conforming amendments
;
creating definitions;
providing applicability;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S.
7
‑
19
‑
106(a)(xxii), 7
‑
19
‑
201(a)(xvi),
40
‑
14
‑
140(a) by creating new paragraphs (xxi) and (xxii) and
by
renumbering (xxi) as (xxiii),
40
‑
14
‑
142(a)
(lx)
and
(lxxiii)
,
40
‑
14
‑
604(a) by creating
new
paragraphs (vii) and (viii)
, 40
‑
14
‑
633
,
40
‑
14
‑
634
(h)
and by creating
new
subsections (
o
) through
(
r
)
,
40
‑
22
‑
102(a) by creating
new
paragraphs (x
i
x
)
and (xx)
,
40
‑
22
‑
108 by creating
new
subsections (
e
)
through (k)
, 40
‑
22
‑
111(a)

and 40
‑
22
‑
129(b)
are
amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxii)

The state banking commissioner for purposes of licensing and registration pursuant to W.S.
40
‑
14
‑
604, 40
‑
14
‑
634,

40
‑
14
‑
642,

40
‑
22
‑
108,
40
‑
23
‑
103 and 40
‑
23
‑
125;

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(xvi)

Mortgage lenders, mortgage brokers, mortgage loan originators
,
money transmitters

and persons identified in W.S.

40
‑
23
‑
107(b)(i), as necessary to perform the background checks required by W.S.
40
‑
14
‑
604(a)(vii), 40
‑
14
‑
634(
p
)(i),

40
‑
14
‑
642(c)(i),

40
‑
22
‑
108(e) and (h)(i),

40
‑
23
‑
103(a)(viii) and 40
‑
23
‑
125(c)(i);

40
‑
14
‑
140.

General definitions.

(a)

In addition to definitions appearing in subsequent articles, in this act:

(xxi)

"Channeling agent" means the third party licensing system that gathers the application information and distributes it to Wyoming for review for the approval or denial decision;

(xxii)

"Registry" means t
he nationwide licensing system and registry maintained by the State Regulatory Registry, LLC.
;

(xxi)
(xxiii)

"This act" means W.S. 40
‑
14
‑
101 through 40
‑
14
‑
702.

40
‑
14
‑
142.

Index of definitions.

(a)

Definitions in this act and the sections in which they appear are:

(lx)

"Channeling agent" – W.S.
40
‑
14
‑
640(a)(i)

40
‑
14
‑
140(a)(xxi)
;

(lxxiii)

"Registry" – W.S.
40
‑
14
‑
640(a)(xiii)

40
‑
14
‑
140(a)(xxii)
;

40
‑
14
‑
604.

Powers of administrator; harmony with federal regulations; reliance on rules; duty to report and cooperate.

(a)

In addition to other powers granted by this act, the administrator within the limitations provided by law may:

(vii)

Require a
licensee under this act or an applicant for a license issued under this act to
submit to
a
background investigation including
fingerprint checks for state,
national
and international
criminal history record checks as necessary
.

While exercising his authority under this
paragraph
,
t
he administrator
may utilize background checks completed by the division of criminal investigation, other government agencies in this state or in other states, the federal bureau of investigation
, the registry
or
an
other

entity designated by the
registry
;

(viii)

Determine the content of application forms and the means by which an applicant applies for, renews or amends a license under this act. The administrator ma
y allow applicants to utilize
the registry
or an entity designated by the registry
for the proce
ssing of applications and fees.

40
‑
14
‑
633.

Crediting of monies.

All fees and other monies received by the administrator under the provisions of this act shall be deposited by the
administrator with the state treasurer and credited to the consumer credit administration account, except the amount paid for data processing by
a national mortgage licensing system and
database

the registry
or any other
entity designated by the
registry
.

The
funds deposited in the account under this act shall be subject to appropriation by the legislature to the administrator and shall be expended only to carry out the duties of the administrator. Expenditures shall be made from the account by warrants drawn by the state auditor, upon vouchers issued and signed by the administrator.

40
‑
14
‑
634.

License required; application; fee; conditions and execution; license nontransferable; display; renewal.

(h)

Each license issued under this act shall expire on
July 1

December 31
. The license shall be renewed annually not less than thirty (30) days before the stated expiration date. The renewal fee for each license shall not exceed five hundred dollars ($500.00), as set by rule of the administrator.

(
o
)

In order to fulfill the purposes of this act, the administrator may establish relationships or contract with the registry or any other entity designated by the registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this act.

(
p
)

In
addition to the other requirements of this section, in
connection with an application for licensing, the applicant shall, at a minimum, furnish to
the administrator or
the registry information con
cerning the identity of the applicant,
the owners or persons in charge
of the applicant and individuals designated in charge of the applicant's places of business
,
including:

(i)

Fingerprints for submission to the federal bureau of investigation, and any governmental agency or entity authorized to receive such information for a state, national and international criminal history background check; and

(ii)

Personal history and experience, including the submission of authorization for the registry
or
the administrator to obtain:

(A)

An independent credit report obtained from a consumer reporting agency described in section 603(p) of the
federal
Fair Credit Reporting Act; and

(B)

Information related to any administrative, civil or criminal findings by any governmental jurisdiction.

(
q
)

For the purposes of this section and in order to reduce the points of contact which the federal bureau of investigation may have to maintain for purposes of paragraph (
p
)(i) of this section and subparagraph (
p
)(ii)(B) of this section, the administrator may use the registry as a channeling agent for requesting information from and distributing information to the department of justice or any governmental agency.

(
r
)

For the purposes of this section and in order to reduce the points of contact which the administrator may have to maintain for purpose
s
of paragraph (
p
)(ii) of this section, the administrator may use the registry as a channeling agent for requesting and distributing
information to and from any source as directed by the administrator.

40
‑
22
‑
102.

Definitions.

(a)

As used in this act:

(x
i
x
)

"Channeling agent" means the third party licensing system that gathers the application information and distributes it to Wyoming for review for the approval or denial decision;

(xx)

"Registry" means the nationwide licensing system and registry maintained by the State Regulatory Registry, LLC.

40
‑
22
‑
108.

Application for license.

(e)

The commissioner may
r
equire a licensee under this act or an applicant for a license issued under this act to submit to
a
background investigation including f
ingerprint checks for state,
national
and international
criminal history record checks as necessary.

While exercising his authority under this
subsection, the commissioner may utilize background checks completed by the division of criminal investigation, other government agencies in this state or in other states, the federal bureau of investigation or
the registry or an
y other
entity designated by the registry.

(f)

The commissioner may d
etermine the content of application forms and the means by which an applicant applies for, renews or amends a license under this act. The administrator may allow applicants to utilize
the registry or an entity designated by the registry
for the proce
ssing of applications and fees.

(
g
)

In order to fulfill the purposes of this act, the administrator may establish relationships or contract with the registry or any other entity designated by the registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this act.

(
h
)

In connection with an application for licensing the applicant shall, at a minimum, furnish
the commissioner or
the registry information con
cerning the identity of the applicant,
the owners or persons in charge of the applicant and individuals designated in charge of the applicant's places of business
,
including:

(i)

Fingerprints for submission to the federal bureau of investigation, and any governmental agency or entity authorized to receive such information for a state, national and international criminal history background check; and

(ii)

Personal history and experience, including the submission of authorization for the registry
or
the administrator to obtain:

(A)

An independent credit report obtained from a consumer reporting agency described in section 603(p) of the
federal
Fair Credit Reporting Act; and

(B)

Information related to any administrative, civil or criminal findings by any governmental jurisdiction.

(
j
)

For the purposes of this section and in order to reduce the points of contact which the federal bureau of investigation may have to maintain for purposes of
paragraph (
h
)(i) of this section and subparagraph (
h
)(ii)(B) of this section, the administrator may use the registry as a channeling agent for requesting information from and distributing information to the department of justice or any governmental agency.

(
k
)

For the purposes of this section and in order to reduce the points of contact which the administrator may have to maintain for purposes of paragraph (
h
)(ii) of this section, the administrator may use the registry as a channeling agent for requesting and distributing information to and from any source as directed by the administrator.

40
‑
22
‑
111.

Renewal of license and annual report.

(a)

Every year on October 1

Each license issued under this act shall expire on December 31. The license shall be renewed annually not later than December 1. E
ach
licensee shall pay an annual renewal fee not to exceed two thousand dollars ($2,000.00), plus not more than one hundred dollars ($100.00) for each authorized delegate not to exceed seven thousand dollars ($7,000.00), as set by rule of the commissioner.

40
‑
22
‑
129.

Rulemaking and deposit of fees.

(b)

All application, renewal
, examination
and licensing fees
, except the amoun
t paid for data processing by
the registry or any other entity designated by the registry
,
shall be deposited by the commissioner with the state treasurer into the financial institutions administration account.

Section 2
.

W.S. 40
‑
14
‑
640(a)(i) and (xiii)
is
repealed.

Section 3
.

This act shall apply to new licenses issued by the division of banking under the
Uniform Consumer Credit Code
and the
Money Transmitter Act
on or after July 1, 2013. The provisions of law existing prior to amendment by this act shall apply to renewal of licenses issued
by the division of banking under the
Uniform
Consumer
Credit Code

and the
Money Transmitter Act

prior to July 1, 2013.

Section
4
.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1