BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 285


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         Date of Hearing:  June 22, 2015


                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE


                               Matthew Dababneh, Chair


         SB  
         285 (Block) - As Amended June 4, 2015


         SENATE VOTE:  39-0


         SUBJECT:  Pawnbrokers: compensation: loans.


         SUMMARY:  Increases the maximum rates and fees that may be charged  
         by California pawnbrokers and allows pawnbrokers to substitute  
         electronic notices for mailed notices, as specified. Specifically,  
         this bill:  


         1)Allows for the following changes to rates and fees charged by  
           pawnbrokers:

            a)   Increase certain amounts that may be charged during the  
              first three months of any loan less than $2,500 by  
              consolidating the existing 21 loan brackets into 6 and  
              setting new maximum charges within those brackets;

            b)   Increase from 2.5 percent to 3 percent the maximum monthly  
              rate of compensation that may be charged for the fourth and  
              subsequent months on the unpaid principal balance of any  
              loan;

            c)   Increase from 2 percent to 3 percent the allowable loan  








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              setup fee for each loan, and increase from $10 to $30 the  
              maximum allowable loan setup fee; and

            d)   Increase the amount that may be charged for the handling  
              and storage of pawned articles.

         2)Authorizes a pawnbroker to deliver, at the sole option of the  
           pledgor, specified notices via electronic mail.

         EXISTING LAW:   


         1)Defines "pawnbroker" as every person engaged in the business of  
           receiving goods, including motor vehicles, in pledge as security  
           for a loan.  (Fin. Code Sec. 21000.)


         2)Requires every loan made by a pawnbroker to be evidenced by a  
           written contract that provides for a four-month loan period, as  
           specified.  If a pledged article is not redeemed during the  
           four-month period, and there is not a written agreement to  
           extend the loan period, the pawnbroker must notify the borrower  
           at his or her last known address within 30 days after expiration  
           of the loan period and provide a 10 day extension to redeem the  
           pledged property, as specified.  Existing law provides that if  
           the pawnbroker fails to notify the borrower within 30 days after  
           the expiration of the loan period, the pawnbroker shall not  
           charge interest from the day after the expiration of the one  
           month period.  (Fin. Code Sec. 21201.)


         3)Permits a pawnbroker to charge fees pursuant to a set schedule  
           of charges that are based upon the amount of the loan, including  
           a charge not exceeding one dollar per month for any loan that  
           does not exceed $14.99.  (Fin. Code Sec. 21200.5.)  Existing law  
           provides that charges for the first 90 days of a loan shall be  
           determined by that schedule of charges.  Charges for any period  
           of time following the first 90 days of the loan shall not exceed  
           the lesser of $3 per month or 2.5 percent of the unpaid  








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           principal balance.  (Fin. Code Secs. 21200, 21201.4.)



         4)Provides that a loan setup fee not to exceed $5 or 2 percent,  
           whichever is greater, may be charged for each loan.  However,  
           the maximum loan setup fee shall not exceed $10.  (Fin. Code  
           Sec. 21200.1)  


         
         5)Provides that, in addition to other allowed charges, at the time  
           property is redeemed a pawnbroker may collect a handling and  
           storage charge for pawned articles pursuant to a set schedule of  
           charges based on the volume of the pawned item, including a  
           charge of $5 for any article that cannot be contained within one  
           cubic foot.  Existing law prohibits the collection of a storage  
           charge for any article that can be contained within one cubic  
           foot.  (Fin. Code Sec. 21200.6)  


         FISCAL EFFECT:  Unknown


         COMMENTS:  


         The author writes:


           SB 285 would increase the rates and fees that California  
           pawnbrokers may charge their customers, helping sustain the  
           long-term viability of the pawn industry in California.   
           California's pawn lending rates and fees are set by statute and  
           have periodically been increased over the years to keep up with  
           the cost of doing business.  The last increase occurred in 2011  
           (AB 424, Eng, Chapter 318, Statutes of 2011).  










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           According to [the California Pawnbroker's Association,] CAPA,  
           California's interest rate and fee caps on pawn loans of up to  
           $2,500 are among the lowest in the country.  California  
           currently ranks 48th out of 51, when our allowable pawnbroker  
           compensation is compared to the other states and the District of  
           Columbia.  Many of California's pawnbrokers - particularly our  
           smallest ones - are struggling to remain in business in a state  
           whose cost of living and cost of doing business is among the  
           highest in the country.  


           CAPA, sponsor of this bill, counts approximately half of  
           California's licensed pawnbrokers among its membership.  In 2014  
           alone, thirteen of CAPA's members shut their doors, unable to  
           make ends meet.  Without an increase in allowable compensation,  
           CAPA asserts that California's pawn industry will not survive.  


           According to national figures provided by CAPA, about 80  
           [percent] of pawn customers are repeat customers.  Repayment  
           rates nationally are in the 70 [percent] to 80 [percent] range,  
           with California trending toward the upper level of that range.  


         SB 285 is the latest in a series of bills sponsored by CAPA that  
         seeks to increase the fees and charges associated with pawn  
         transactions due to rising business costs and other economic  
         impacts.  Even with the increases in SB 285 California pawn  
         transaction rates would still remain among the cheapest among all  
         50 states.  Unlike other forms of small dollar lending a  
         pawnbroker must have sufficient liquidity to fund the loan but  
         also must store the property for the term of the loan.


         SB 285 institutes the following key changes:


         1)Increases from 2.5 percent to 3 percent the maximum monthly rate  
           of compensation that may be charged for the fourth and  








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           subsequent months on the unpaid principal balance of any loan.  
           Increases from 2 percent to 3 percent the allowable loan setup  
           fee for each loan, and increase from $10 to $30 the maximum  
           allowable loan setup fee.

         2)Permits the collection of a $1 handling and storage charge for  
           any article that can be contained within one cubic foot, and  
           would authorize the collection of handling and storage charges  
           at the time a loan is issued instead of when the property is  
           redeemed.



         3)Allows a pawnbroker to notify the pledgor at his or her last  
           known electronic address of the termination of the loan period  
           at the sole option of the pledgor by a means for which  
           verification of electronic transmission of the notification can  
           be provided by the pawnbroker.


         Specifically this bill would revise and consolidate the current  
         loan charges by reducing from 21 brackets to 6 brackets the  
         schedule of charges a pawnbroker may charge for the first 90 days  
         of the loan.  The new 6-tier rate structure would be the  
         following:


          -------------------------------- 
         |Maximum Charge |Size of Loan    |
         |for First      |                |
         |Three Months   |                |
         |               |                |
         |               |                |
         |---------------+----------------|
         |$3             |<$20            |
         |               |                |
         |               |                |
         |---------------+----------------|
         |$6             |$20-$49.99      |








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         |               |                |
         |               |                |
         |---------------+----------------|
         |$9             |$50 to $74.99   |
         |               |                |
         |               |                |
         |---------------+----------------|
         |$12            |$75 to $99.99   |
         |               |                |
         |               |                |
         |---------------+----------------|
         |$15            |$100 to $174.99 |
         |               |                |
         |               |                |
         |---------------+----------------|
         |9% of          |                |
         |principal      |                |
         |amount         |                |
         |               |                |
         |               |                |
          -------------------------------- 



         If SB 285 becomes law the following demonstrates the new loan  
         charges on a pawn transaction, assuming a $1 storage fee:


          ------------------------------------------------- 
         |   Amount    | Cost to Borrower |     Annual     |
         |  Borrowed   |    at End of     |Percentage Rate |
         |             | Four-Month Loan  |                |
         |             |     Period*      |                |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $100     |      $24.00      |     72.00      |
         |             |                  |                |
         |             |                  |                |








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         |-------------+------------------+----------------|
         |    $250     |      $38.50      |     46.20      |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $500     |      $76.00      |     45.60      |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $1000    |     $151.00      |     45.30      |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $1500    |     $226.00      |     45.20      |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $2000    |     $301.00      |     45.15      |
         |             |                  |                |
         |             |                  |                |
         |-------------+------------------+----------------|
         |    $2499    |     $330.88      |39.72           |
         |             |                  |                |
         |             |                  |                |
         |             |                  |                |
         |             |                  |                |
         |             |                  |                |
          ------------------------------------------------- 
         *Assumes a storage fee of $1.  


          Prior Legislation  :


         AB 424 (Eng, Chapter 318, Statutes of 2011) authorized pawnbrokers  
         to charge borrowers the greater of three dollars per month or 2.5  
         percent per month on the unpaid principal balance of loans below  
         $2,500 that are greater than three months old.  This bill also  
         defined a month for purposes of the laws governing pawnbrokers as  








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         a period of time consisting of 30 consecutive days.


         SB 217 (Vargas, Chapter 444, Statutes of 2011) would have  
         authorized pawnbrokers to charge borrowers the greater of three  
         dollars per month or 2.5 percent per month on the unpaid principal  
         balance of loans below $2,500 that are greater than three months  
         old.  This bill was gutted and amended to address a different  
         subject.


         SB 212 (DeLeon, 2011) would have clarified the circumstances under  
         which replacement pawn loans could be taken out by individuals who  
         are unable to undertake these transactions in person.  This bill  
         died in the Senate Banking & Financial Institutions Committee.


         AB 1357 (Coto, 2009) would have increased the maximum fee a  
         pawnbroker may charge or receive on the entire unpaid principal  
         balance of loans over 90 days to 2.5 percent per month.  This bill  
         was vetoed by Governor Schwarzenegger.


         SB 580 (Calderon, Chapter 340, Statutes of 2008), increased the  
         allowable loan set-up fee from $3 to $5 and increased the minimum  
         monthly charge from $1 to $3.


         AB 264 (Mendoza, 2007), as introduced, would have increased the  
         maximum rate that may be charged on loans over 90 days by  
         instituting a flat 2.5 percent a month interest rate, and  
         increased the loan setup fee to a maximum of $50, as specified.   
         The bill was gutted and amended after being held in the Senate  
         Judiciary Committee.


         AB 1297 (Papan, Chapter 505, Statutes of 2001), increased the  
         maximum loan setup fee on loans of up to $50 from $2 to $3;  
         increased allowable handling and storage fees from $3, $9, and  








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         $18, to $5, $10, and $20, depending on the size of the object; and  
         increased the maximum allowable fee for costs relating to sending  
         a loan expiration notice from $2 to $3




         Support


         California Pawnbrokers Association (Sponsor)




         Opposition


         None on file.




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