MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Business and Financial Institutions

By: Senator(s) Jackson (11th), Dawkins

Senate Bill 2959

AN ACT TO AMEND SECTION 75-67-509, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICANT SHALL NOT HAVE BEEN CONVICTED OF A FELONY TO BE ELIGIBLE FOR A CHECK CASHER LICENSE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 75-67-509, Mississippi Code of 1972, is amended as follows:

     75-67-509.  To be eligible for a check casher license, an applicant shall:

          (a)  Operate lawfully and fairly within the purposes of this article.

          (b)  Not have been convicted of a felony * * * or be active as a beneficial owner for someone who has been convicted of a felony * * *.

          (c)  File with the commissioner a bond with good security in the penal sum of Ten Thousand Dollars ($10,000.00), payable to the State of Mississippi for the faithful performance by the licensee of the duties and obligations pertaining to the business so licensed and the prompt payment of any judgment which may be recovered against the licensee on account of charges or other claims arising directly or collectively from any violation of the provisions of this article.  The bond shall not be valid until it is approved by the commissioner.  The applicant may file, in lieu of the bond, cash, a certificate of deposit or government bonds in the amount of Ten Thousand Dollars ($10,000.00).  Those deposits shall be filed with the commissioner and are subject to the same terms and conditions as are provided for in the surety bond required in this paragraph.  Any interest or earnings on those deposits are payable to the depositor.

          (d)  File with the commissioner an application for a license and the initial license fee required in this article.  If applicant's application is approved, a check casher license will be issued within thirty (30) days.

          (e)  Submit a set of fingerprints from any local law enforcement agency.  In order to determine the applicant's suitability for license, the commissioner shall forward the fingerprints to the Department of Public Safety; and if no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.

          (f)  Complete and file with the commissioner an annual renewal application for a license accompanied by the renewal fee required in this article.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.