AN ACT TO REQUIRE LICENSEES UNDER THE MONEY TRANSMISSION MODERNIZATION ACT TO COLLECT A FEE OF $7.50 FOR EACH TRANSACTION NOT IN EXCESS OF $500.00 AND 1.5% OF ANY AMOUNT IN EXCESS OF $500.00; TO REQUIRE THE FEE TO BE REMITTED QUARTERLY TO THE DEPARTMENT OF REVENUE; TO REQUIRE THE DEPARTMENT OF REVENUE TO REMIT HALF OF SUCH FEES TO THE LAW ENFORCEMENT 287(G) PROGRAM FUND AND THE OTHER HALF TO THE STATE GENERAL FUND; TO REQUIRE LICENSEES TO POST NOTICE THAT FEES PAID MAY BE REIMBURSED THROUGH AN INCOME TAX CREDIT; TO PROVIDE FOR LICENSE SUSPENSION AND CLAIMS ON A LICENSEE'S SURETY BOND; TO PROVIDE THAT THIS ACT SHALL NOT APPLY TO TRANSACTIONS IN WHICH THE FUNDS BEING TRANSFERRED ARE WITHDRAWN FROM AN ACCOUNT HELD IN OR BY A FEDERALLY INSURED FINANCIAL INSTITUTION, OR FUNDED WITH A DEBIT CARD OR A CREDIT CARD ISSUED IN THE UNITED STATES; TO PROVIDE FOR THE REPEAL OF THE ABOVE PROVISIONS ON JULY 1, 2029; TO CREATE THE LAW ENFORCEMENT 287(G) PROGRAM FUND TO ASSIST THE ENFORCEMENT EFFORTS OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS PARTNERING WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) THROUGH THE 287(G) PROGRAM UNDER THE IMMIGRATION AND NATIONALITY ACT; TO CREATE AN INCOME TAX CREDIT FOR FEES PAID UNDER THIS ACT DURING CALENDAR YEAR 2026 OR ANY CALENDAR YEAR THEREAFTER; TO AMEND SECTION 75-16-5, MISSISSIPPI CODE OF 1972, TO DEFINE "COMMISSIONER" AS THE COMMISSIONER OF BANKING AND CONSUMER FINANCE, AND "DEPARTMENT" AS THE DEPARTMENT OF BANKING AND CONSUMER FINANCE, FOR PURPOSES OF THE MONEY TRANSMISSION MODERNIZATION ACT; AND FOR RELATED PURPOSES.
Impact
The introduction of these fees will have substantial implications for the operations of money transfer services in Mississippi. The division of fee proceeds, with half allocation to the new Law Enforcement 287(g) Program Fund, emphasizes a governance approach aimed at reinforcing law enforcement collaboration with ICE (U.S. Immigration and Customs Enforcement). Furthermore, consumers will be eligible for income tax credits for the fees paid, which introduces a layer of taxpayer support to the operational costs of money transmission. The act includes a caveat that certain transactions involving federally insured financial institutions or payment instruments funded by U.S. issued debit or credit cards will be exempt from this fee structure.
Summary
Senate Bill 2828 has been introduced to amend the Money Transmission Modernization Act by instituting a fee structure for transactions. The bill mandates that licensees will be required to charge a fee of $7.50 for each transaction not exceeding $500. For transactions exceeding this amount, a fee of 1.5% will be applied to the excess. The fees collected must be remitted quarterly to the Department of Revenue. The bill also stipulates that these fees fund various initiatives, ideally aiding law enforcement programs relating to immigration enforcement.
Sentiment
The reception of SB2828 appears to be mixed among lawmakers and stakeholders. Supporters argue that the funding mechanism established through these fees will bolster critical law enforcement activities, especially concerning immigration enforcement. They believe that a structured fee approach can foster better regulation within the money transmission sector. However, opponents may raise concerns about the financial burden these charges impose on users of money transfer services, particularly within marginalized communities that rely heavily on these services for financial transactions.
Contention
Discussion surrounding SB2828 has highlighted several contentious issues. Critics question the fairness of imposing additional financial fees on individuals already facing hurdles in accessing monetary services. Additionally, the connection between fee allocation and immigration enforcement raises moral and ethical concerns, notably about potential overreach concerning immigration policy and community policing practices. Furthermore, the bill’s built-in expiration clause on July 1, 2029, suggests that legislators may anticipate revisiting the efficacy and impact of the regulations and fees once implemented.