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Senate committee advances House Bill 12‑01 to modernize money‑transmitter rules; payroll exemption splits witnesses

2704953 · March 18, 2025
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Summary

Senator Liston, the bill sponsor, asked the Senate Finance Committee to advance House Bill 12‑01, the Model Money Transmission Modernization Act, to the committee of the whole with a favorable recommendation after a hearing that included testimony from the State Bank Commissioner and industry witnesses.

Senator Liston, the bill sponsor, asked the Senate Finance Committee to advance House Bill 12‑01, the Model Money Transmission Modernization Act, to the committee of the whole with a favorable recommendation after a hearing that included testimony from the State Bank Commissioner and industry witnesses.

The bill would replace Colorado's existing money‑transmission framework with standards substantially aligned to a model act developed by the Conference of State Bank Supervisors (CSBS). "Adopting this model act would provide numerous benefits to money transmitters while maintaining the same level of consumer protection that Coloradoans enjoy today," Senator Liston said. Ken Bolt, Colorado State Bank Commissioner, told the committee the state first regulated money transmission under the Colorado Money Order Act in 1959 and that the bill "provides consistent safety and soundness standards including net worth bonding and permissible investments that protect Colorado consumers."

Why it matters: sponsors and several witnesses said the bill reduces state‑by‑state regulatory friction for firms operating in multiple states, standardizes definitions, and supports multistate licensing through the NMLS system. Proponents including the Money Services Roundtable argued the bill "will reduce the overall regulatory burden for businesses without compromising consumer protection," and will make Colorado's rules consistent with other states that have adopted the model language.

Opposition and the payroll exemption: the most contested part of the hearing concerned an amendment added in the House (referred to in testimony as L002) that narrows coverage for some payroll processing activity. Amy Miller, senior director of government affairs for ADP, testified in opposition to the bill "as it was amended in the House," arguing the exemption would "harm consumer protection for those who utilize these services" and pointed to cases where payroll providers have misused client funds. ADP urged that payroll processing services remain covered by the model law to preserve state oversight for funds withheld for taxes and benefits.

Payroll processor representatives disagreed. Michael Hannon of the Independent Payroll Providers Association and the Payroll Group said many small payroll processors do not hold client funds in ways that create money‑transmission risk and that the House amendment preserves the ability of small Colorado payroll firms to serve local businesses. Hannon told the committee that 17 states that adopted the model language included payroll exemptions and that removing the exemption in Colorado would create complexity for small firms that pay remote workers in multiple states.

Committee discussion and outcome: senators on the committee asked about the scope of the bill, federal involvement and the practical effect of the amendment. Senator Frizzell asked why a federal standard does not exist; sponsors and witnesses replied that states have led on consumer financial protection and that model acts have been adopted by multiple states to promote uniformity. After witness testimony and brief discussion the sponsors moved the bill to the committee of the whole with a favorable recommendation; the committee recorded the motion and voted aye, and the chair announced the measure passed unanimously.

What the bill would do and open questions: testimony and sponsors said the bill standardizes definitions of money transmission, clarifies licensing thresholds, sets consistent safety and soundness rules (net worth, bonding, permissible investments), and supports multistate licensing mechanics. Witnesses differed over whether the House amendment (L002) appropriately balances consumer protections with operational burdens for small payroll processors. The hearing record includes claims that some states are reconsidering prior enactments and that existing regulatory audits (NACHA, SOC, OFAC checks) already cover many payroll firms; the committee did not take further amendments at this hearing.

Next steps: House Bill 12‑01 was moved to the committee of the whole with a favorable recommendation and will proceed through the Senate process. No additional amendments were adopted in the Senate Finance Committee at this hearing.