BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1146|
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                                 THIRD READING


          Bill No:  SB 1146
          Author:   Florez (D)
          Amended:  5/27/10
          Vote:     21

           
           SENATE BANKING, FINANCE, AND INS. COMMITTEE  :  9-0, 4/7/10
          AYES:  Calderon, Cogdill, Correa, Florez, Kehoe, Lowenthal,  
            Padilla, Price, Runner
          NO VOTE RECORDED:  Cox, Liu

           SENATE JUDICIARY COMMITTEE  :  4-0, 4/20/10
          AYES:  Corbett, Harman, Hancock, Leno
          NO VOTE RECORDED:  Walters

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/10/10
          AYES:  Kehoe, Cox, Alquist, Leno, Price, Walters, Wolk,  
            Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham


           SUBJECT  :    Finance lenders

           SOURCE  :     Progreso Financiero 


           DIGEST  :    This bill creates the Pilot Program for  
          Affordable Credit-Building Opportunities, a four-year,  
          statewide pilot program under the California Finance  
          Lenders Law that would allow participants to offer a new  
          type of small-dollar consumer loan subject to specified  
          requirements.  

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           Senate Floor Amendments  of 5/27/10 permit a licensee to pay  
          a fee to a finder, as specified and revise the bill's  
          underwriting language.  In addition, the amendments  
          prohibit licensees from offering credit insurance in  
          connection with a loan offered under the program, provide  
          that late fees must be proportional to the delinquent  
          payment amount, as specified, and make other related  
          changes. 

           ANALYSIS  :    Existing law, the California Finance Lenders  
          Law (CFLL), caps interest rates that may be charged by CFLL  
          licensees who make consumer loans under $2,500.  Those caps  
          range from 12 percent to 30 percent per year, depending on  
          the unpaid balance of the loan. 

          Existing law also caps administrative (origination) fees  
          that may be charged for such loans at the lesser of five  
          percent of the principal amount of the loan or $50. 

          Existing law caps the amount of delinquency fees that CFLL  
          lenders who make consumer loans under $5,000 may impose.   
          Those fees are capped at a maximum of $10 on loans that are  
          more than 10 days delinquent and $15 on loans 15 days or  
          more delinquent.  Existing law requires CFLL lenders to  
          prominently display their schedule of charges to borrowers.  


          Existing law provides for filing fees in small claims  
          actions and specifies increased filing fee amounts based on  
          the dollar amount of the demand and whether the party has  
          filed more than 12 other small claims in the state within  
          the previous 12 months.

          Existing law provides that the commissioner of the  
          Department of Corporations (DOC) may require a CFLL  
          licensee to retain advertising copy for a period of 90 days  
          from the date of its use.  Existing law prohibits  
          advertising copy from being used after its use has been  
          disapproved by the commissioner and the licensee is  
          notified in writing.  

          This bill authorizes, until January 1, 2015, a four-year,  
          statewide Pilot Program under the CFLL that would allow  
          licensees accepted into the program to offer a new type of  







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          small-dollar consumer loan under the CFLL subject to the  
          following: 

          1. The loan has a minimum principal amount upon origination  
             of $250 and is not more than $2,500, as specified;

          2. The interest rate of each loan would be capped at 30  
             percent for the unpaid balance of the loan up to and  
             including $1,000 and 26 percent for the unpaid balance  
             of the loan in excess of $1,000;

          3. Delinquency fees would be capped at the lesser of 10% of  
             the amount delinquent payment due or at an amount not to  
             exceed: (1) $15 for a delinquency of seven days or more;  
             or (2) $20 for a delinquency of 14 days or more;

          4. Origination fees would be capped at the lesser of five  
             percent of the principal amount of the loan or $65.  A  
             licensee would be prohibited from charging the same  
             borrower more than one origination fee in any six-month  
             period;

          5. The loan term is:  (1) 90 days for loans whose principal  
             balance upon origination is less than $500; (2) 120 days  
             for loans whose principal balance upon origination is at  
             least $500, but is less than $1,500; and (3) 180 days  
             for loans whose principal balance upon origination is at  
             least $1,500;

          6. The licensee must report each borrower's payment  
             performance to at least one of the three major credit  
             bureaus;

          7. The licensee must underwrite each loan and may not make  
             a loan if it determines that the borrower's total  
             monthly debt service payments exceed 50 percent of the  
             borrower's gross monthly income.  In underwriting the  
             loan, the licensee must assess the borrower's  
             willingness and ability to repay and must validate a  
             borrower's outstanding debt obligations, as specified;

          8. Prior to disbursement of the loan funds, the licensee  
             must either offer to the borrower a credit education  
             program that has been reviewed and approved by the  







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             commissioner, or invite the borrower to such a program  
             that has been reviewed and approved by the commissioner;  
             and

          9. Prohibits the offering, selling or requiring the  
             borrower to contract for credit insurance.

          This bill permits any CFLL licensee to participate in the  
          program provided that the licensee is in good standing with  
          the commissioner and has no outstanding enforcement actions  
          or deficiencies at the time of its application.

          This bill permits a licensee participating in the Pilot  
          Program to be able to use the services of one or more  
          "finders," defined to mean a person who brings a licensee  
          and a prospective borrower together for the purpose of  
          negotiating a loan contract.

          This bill permits finders to perform certain specified  
          services for a licensee, including, among other things: (1)  
          distributing or publishing preprinted, pre-approved written  
          materials relating to the licensee's loans; (2) providing  
          written factual information about loan terms, conditions,  
          or qualification requirements to a prospective borrower;  
          (3) entering the borrower's information into a preprinted  
          or electronic application; (4) assembling credit  
          applications for submission to the finance lender; and (5)  
          contacting the licensee to determine the status of the loan  
          application. 

          This bill prohibits a finder from doing any of the  
          following: 

          1.Providing counseling or advice to a borrower or  
            prospective borrower;

          2.Providing loan-related marketing material that has not  
            been previously approved by the licensee to the borrower;  
            and 

          3.Interpreting or explaining the significance or effect of  
            any of the marketing materials or loan documents the  
            finder provides to the borrower. 








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          This bill prohibits a fee being paid to a finder in  
          connection with a loan application, until and unless the  
          loan is consummated, prohibits a fee being paid to a finder  
          based upon the principal amount of the loan, creates a fee  
          compensation structure for finders based upon the number of  
          loans issue per location per month, and prohibits the  
          licensee from passing on to the borrower any finder fee, or  
          portion thereof.

          This bill requires the finder to provide a disclosure to  
          the prospective borrower stating that a fee may be paid by  
          the licensee to the finder and containing the contact  
          information of DOC if the borrower wishes to make a  
          complaint.

          This bill requires a licensee that uses the services of a  
          finder to provide the commissioner with specified  
          information regarding those finders.

          This bill requires that all arrangements between a licensee  
          and a finder must be set forth in a written agreement  
          between the parties which must contain a provision  
          requiring the finder to comply with all applicable  
          regulations and provides that the commissioner may examine  
          the operations of each licensee and finder to ensure  
          compliance with the bill.  If the commissioner determines  
          that a finder has violated the provision of this bill, the  
          commissioner may terminate the written agreement between  
          the finder and the licensee, and if the commissioner deems  
          that action in the public interest, to bar the use of that  
          finder by all licensees participating in the pilot program.

          This bill requires the DOC to provide specified legislative  
          committees with a report by January 1, 2014 regarding the  
          Pilot Program and would require that the report contain  
          specified information.  Requires the commissioner to  
          conduct a sample survey of borrowers who have participated  
          in the pilot program to better understand the borrowers  
          experience.

          This bill increases the length of time licensees may be  
          required to retain advertising copy to two years and would  
          permit the commissioner to direct any licensee to submit  
          advertising copy to the commissioner for review prior to  







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          its use. 

          This bill provides that, notwithstanding those increased  
          amounts, in any action filed to enforce a contract entered  
          into pursuant to the Pilot Program, the filing fee shall be  
          $25.

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

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          Admin expenses                     approx $50  
          annuallySpecial*
                                offset by fee revenue
          *Corporations Fund

           SUPPORT  :   (Verified  5/11/10)

          Progreso Financiero (source) 
          New America Foundation

           OPPOSITION  :    (Verified  5/11/10)

          California Reinvestment Coalition
          Center for Responsible Lending
          Consumers Union

           ARGUMENTS IN SUPPORT  :    According to the author's office:

               Enacted in the 1950's, based on statutes from the  
               1920's, the CFL is archaic and needs reform.  For  
               example, its restrictions on interest rates, fees, and  
               marketing partnerships for loans in the $250 to $2500  
               range effectively discourages lenders from making  
               loans that would otherwise be a fair alternative to  
               payday loans.  As a result, today there are very few  
               fully amortizing, credit building loans in the  
               $250-$2500 range and even fewer providers.  Instead,  
               the vast majority [of] CFL licensees only make loans  







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               above $2500, precisely because there is no cap on  
               interest rates for loans over $2500.  Lenders simply  
               do not believe they can make a profit below $2500,  
               given current CFL law.  Thus, if a lender wants to  
               make small loans, they become a pawn broker or payday  
               lender (who as an industry makes over 10 million loans  
               to California residents each year).  The result:   
               Californians have only one option - pay-day loans -  
               and no opportunity to build or repair their credit.  

               Californians need access to credit, now more than  
               ever.  But, they also need alternatives that are safe  
               and affordable, provide credit education and help  
               borrowers build credit.  SB 1146 will hopefully allow  
               consumers who need small loans an alternative to a  
               pay-day loan option, which likely causes more of a  
               financial burden when payments cannot be made.

           ARGUMENTS IN OPPOSITION  :    The California Reinvestment  
          Coalition (CRC) writes, "?While we support responsible  
          lending alternatives for consumers in need of small-dollar  
          loans, encouraging the practice of enticing consumers in  
          greater amounts of spending and debt does not serve the  
          needs of low-income consumers looking to build assets and  
          wealth."  

          JA:nl  5/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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