BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 268


                                                                    Page  1





          Date of Hearing:  January 11, 2016


                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE


                               Matthew Dababneh, Chair


          AB 268  
          (Dababneh) - As Amended January 4, 2016


          SUBJECT:  California Finance Lenders Law:  violations


          SUMMARY:  Requires the Commissioner of the Department of  
          Business Oversight (DBO) to examine every person engaged in the  
          business of a finance lender or broker for compliance with the  
          California Finance Lenders Law (CFLL) at least every 48 months,  
          or as often as the commissioner deems necessary and appropriate.


          EXISTING LAW:  


          1)Provides for the CFLL, administered by DBO, which authorizes the  
            licensure of finance lenders, who may make secured and unsecured  
            consumer and commercial loans (Financial Code Sections 22000 et  
            seq.).  The following are the key rules applied to consumer loans  
            made pursuant to the CFLL:  

             a)   CFLL licensees who make consumer loans under $2,500 are  
               capped at interest rates which range from 12% to 30% per year,  
               depending on the unpaid balance of the loan (Sections 22303 and  
               22304).  Administrative fees are capped at the lesser of 5% of  
               the principal amount of the loan or $50 (Section 22305).  

             b)   In addition to the requirements in "a" above, CFLL licensees  








                                                                     AB 268


                                                                    Page  2





               who make consumer loans under $5,000 are prohibited from  
               imposing compound interest or charges (Section 22309); are  
               limited in the amount of delinquency fees they may impose  
               (Section 22320.5; delinquency fees are capped at a maximum of  
               $10 on loans 10 days or more delinquent and $15 on loans 15  
               days or more delinquent); are required to prominently display  
               their schedule of charges to borrowers (Section 22325); are  
               prohibited from splitting loans with other licensees (Section  
               22327); are prohibited from requiring real property collateral  
               (Section 22330), and are limited to a maximum loan term of 60  
               months plus 15 days (Section 22334).

             c)   In addition to the requirements in "a" and "b" above, CFLL  
               licensees who make consumer loans under $10,000 are limited in  
               their ability to conduct other business activities on the  
               premises where they make loans (Section 22154); must require  
               loan payments to be paid in equal, periodic installments  
               (Section 22307); and must meet certain standards before they  
               may sell various types of insurance to the borrower (Sections  
               22313 and 22314).

             d)   Generally speaking, the terms of loans of $10,000 or above  
               are not restricted under the CFLL.

          2)Until January 1, 2018, provides for the Pilot Program for  
            Increased Access to Responsible Small Dollar Loans within the CFLL  
            (Financial Code Section 22365 et seq.).  Licensees accepted into  
            the pilot program are required to follow the CFLL, but are allowed  
            to charge slightly higher interest rates, origination fees, and  
            late fees to borrowers than is allowed under the CFLL, as long as  
            they adhere to specified underwriting criteria, offer DBO-approved  
            credit education to their borrowers, report borrower payment  
            history to at least one major credit bureau, provide specified  
            disclosures to borrowers, and follow other rules intended to  
            protect consumers.  

          Loans made under the pilot program must have principal amounts of  
            between $300 and $2,500.  Interest rates are capped at 36% on  
            principal amounts up to $1,000 and at 32% on principal amounts  








                                                                     AB 268


                                                                    Page  3





            between $1,001 and $2,499.  Origination fees are capped at the  
            lesser of 7% or $90 on the first loan to a borrower; lesser of 6%  
            or $75 on the second and subsequent loans to a borrower.  Late  
            fees are capped at $14 for payments that are at least seven days  
            late or at $20 for payments that are at least fourteen days late  
            (lenders must choose between these two options).  Actual  
            insufficient funds fees may also be charged.  Minimum loan lengths  
            are 90 days for loans with principal amounts less than $500, 120  
            days for loans with principal amounts between $500 and $1,499, and  
            180 days for loans between $1,500 and $2,500

          3)Allows the commissioner, for purposes of discovering of violations  
            of the CFLL to investigate the loans and business of the licensee  
            and examine the books, accounts, records and files used in the  
            business.
          


          FISCAL EFFECT:  Unknown


          COMMENTS:  



          AB 268 is the first step in the author's push to reform the CFLL  
          by bringing the CFLL in line with other laws administered by  
          DBO.  AB 268 establishes a minimum time frame of at least once  
          every 48 months in which CFLL licensees must be examined by the  
          commissioner and clarifies that the commissioner may examine  
          licensees at any time if necessary.  This is identical authority  
          for the commissioner that is in the Residential Mortgage Lending  
          Act, Financial Code Section 50302.


          This bill is a vehicle for additional reforms that result from  
          stakeholder meetings that started early last year.  Last year,  
          the author brought together varied stakeholder groups to discuss  
          revisions to the CFLL.  Several large stakeholder meetings  








                                                                     AB 268


                                                                    Page  4





          occurred that included discussions on the existing consumer loan  
          market in California and potential recommendations for changes  
          to the CFLL that would bring transparency and fairness to the  
          consumer loan market in California.   The Consumer Financial  
          Protection Bureau released a framework to regulation short-term  
          loan products nationwide that will significantly alter  
          California's lending statutes.  The final rules on these loan  
          products are set to be released in stages.  According to the  
          latest information available, the first round of rules covering  
          payday loans and deposit advance products are set to be released  
          sometime during February of 2016.  The rules for installment  
          loans and vehicle title loans are set for release September of  
          2016.  

          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Mark Farouk / B. & F. / (916) 319-3081











                                                                     AB 268


                                                                    Page  5