BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        AB 129|
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                                    THIRD READING


          Bill No:  AB 129
          Author:   Dickinson (D)
          Amended:  5/22/14 in Senate
          Vote:     21

           
           SENATE BANKING & FINANCIAL INSTITUTIONS COMM.  :  7-1, 6/4/14
          AYES:  Evans, Block, Correa, Hill, Roth, Torres, Vidak
          NOES:  Morrell
          NO VOTE RECORDED:  Hueso

           ASSEMBLY FLOOR  :  75-0, 1/29/14 - See last page for vote


           SUBJECT  :    Lawful money

           SOURCE  :     Author


           DIGEST  :    This bill repeals the code section (Corporations Code  
          [CORP] Section 107) prohibiting the issuance or placement into  
          circulation, as money, anything other than the lawful money of  
          the United States.  

           ANALYSIS  :    Existing federal law prohibits the manufacture of  
          counterfeit United States currency or the alteration of genuine  
          currency to increase its value.

          Existing state law prohibits a corporation, flexible purpose  
          corporation, association, or individual from issuing or putting  
          into circulation, as money, anything but the lawful money of the  
          United States.

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          This bill repeals the code section (CORP Section 107)  
          prohibiting the issuance or placement into circulation, as  
          money, anything other than the lawful money of the United  
          States.  

           Background

           The concept contained in CORP Section 107 originates with  
          California's first Constitution, adopted in 1849.  That  
          constitution prohibited the creation and issuance of paper to be  
          used as money by any bank - an attempt to ensure that only the  
          federal government could issue lawful currency.  During a series  
          of revisions to California's Constitution in the early 1970s,  
          the prohibition against placing currencies other than lawful  
          money of the United States into circulation was placed in the  
          CORP.  It has remained there ever since, essentially unchanged.

           Alternative currencies  .  Although it appears that no state  
          department or agency has ever initiated an enforcement action  
          for a violation of CORP Section 107, this bill's author is  
          concerned that CORP Section 107 may restrict the development and  
          use of alternate currencies.  Alternative currencies include  
          virtual currencies (Bitcoin, Ripple, Peercoin, Primecoin, and  
          others) and community currencies (Davis Dollars, Sonoma County  
          Community Cash, Bay Bucks, and others).  

          Virtual currencies are unique, typically encrypted computer  
          files that can be converted to or from a government-backed  
          currency to purchase goods and services from merchants that  
          accept virtual currencies.  Virtual currency is accepted as  
          currency by some businesses, exchanged for cash by others, and  
          can also be purchased as an investment.  Bitcoin is perhaps the  
          most well-known of virtual currencies, and representative of  
          some of the pitfalls of owning cyber cash.  In February 2014,  
          Mt. Gox, the largest and best-known Bitcoin exchange, announced  
          that several hundred million dollars in Bitcoin had been hacked  
          and stolen.  Within a week of the announcement, Mt. Gox had  
          declared bankruptcy.  A similar fate befell a much smaller  
          Bitcoin exchange called FlexCoin, which shut down after hackers  
          stole $600,000 in Bitcoin from its servers.  Although the  
          currency survived the bankruptcies of these exchanges, some have  
          pointed to Bitcoin users' vulnerability as support for  
          predictions that Bitcoin is too fragile to survive long-term.


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          Community currencies are essentially vouchers or cash  
          equivalents.  They are purchased for cash, sometimes at a  
          discount (i.e., $5 buys you $10 in community cash) and sometimes  
          at face value ($5 in US currency buys you $5 in community  
          currency).  Typically, community currency is used as a way to  
          encourage purchases at local merchants; because the currency is  
          only accepted by merchants within the community currency  
          network.  

           Department of Business Oversight (DBO):  consumer advisory  .  DOB  
          is in the process of determining whether alternative currency  
          exchanges fit into a traditional currency regulatory framework.   
          DBO is, however, concerned about the risks that certain  
          alternative currencies can pose.  

          In April 2014, DBO issued a consumer advisory, warning  
          Californians of the risks of virtual currencies, also known as  
          crypto-currencies, virtual money, or digital cash.  In its  
          consumer advisory, DBO characterized virtual currency  
          transactions as high-risk, due to the vulnerability of cyber  
          attacks, and observed that because virtual currency exchanges  
          are unregulated, consumers have little recourse to recover lost  
          funds.  Unlike deposits at insured banks and credit unions,  
          there is no virtual currency deposit insurance.

          DBO's consumer advisory also lists the following risks:

           There are few, if any, consumer protections without licensing.  
             Virtual currencies are not regulated by any state in the  
            United States, nor by the federal government.

           Virtual currency is difficult to recover, if stolen.  If  
            virtual currency is stored on an electronic device that is  
            stolen, lost, or destroyed, there may be no way for the owner  
            to recover the currency stored on the lost, stolen, or  
            destroyed device.

           Virtual currency represents an emerging technology, which is  
            evolving rapidly.  A currency accepted today may be obsolete  
            tomorrow.  

           The value of virtual currency can fluctuate widely.  Between  
            March 2013 and March 2014, a single Bitcoin sold for as low as  
            $100 and as high as $1,200.

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           Virtual currencies carry with them uncertain tax implications.  
             Under a recent Internal Revenue Service ruling, all virtual  
            currencies will be treated as property for tax purposes, and  
            any value gains must be declared and will be taxed as a  
            capital gain.

           Virtual currencies have been associated with criminal  
            enterprises, including illegal drug transactions, arms  
            trading, money laundering, and other criminal activity.  To  
            the extent a virtual currency exchange is shut down by law  
            enforcement, users of that virtual currency risk losing their  
            investments. 

           Comments
           
          According to the author, "AB 129 repeals Corporations Code  
          Section 107 which is an outdated prohibition on the issuance and  
          use of 'anything but the lawful money of the United States.'   
          According to the literal meaning of the statute anyone that  
          issues or uses digital currency, community currency, or perhaps  
          even reward points is in violation of the law.  However, no  
          prosecutions, arrests or enforcement actions have occurred  
          pursuant to this statute."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           ASSEMBLY FLOOR :  75-0, 1/29/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian Calderon,  
            Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth  
            Gaines, Garcia, Gatto, Gomez, Gonzalez, Gorell, Gray, Grove,  
            Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Buchanan, Fox, Gordon, Logue, Perea



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          MW:nl  6/6/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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