BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
                         BANKING AND FINANCIAL INSTITUTIONS
                            Senator Steven Glazer, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1290        Hearing Date:    April 6,  
          2016
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          |Author:    |Mendoza                                              |
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          |Version:   |March 28, 2016    Amended                            |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Eileen Newhall                                       |
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          Subject:  Commissioner of Business Oversight: California Finance  
              Lenders Law: California Deferred Deposit Transaction Law


           SUMMARY       Requires the Commissioner of Business Oversight  
          (commissioner) to conduct consolidated examinations of licensees  
          under common ownership, as specified.  
          
           DESCRIPTION
             
            1.  Requires the commissioner, when conducting an examination  
              of a finance lender or broker that is under common ownership  
              with one or more other persons licensed under the California  
              Finance Lenders Law (CFLL), to conduct a single consolidated  
              examination that includes all persons licensed under the  
              CFLL, which share the same common ownership.  

           2.  Requires the commissioner, when conducting an investigation  
              of a person licensed under the California Deferred Deposit  
              Transaction Law (CDDTL), which is under common ownership  
              with one or more other persons licensed under the CDDTL, to  
              conduct a single consolidated examination that includes all  
              persons licensed under the CDDTL, which share the same  
              common ownership.  

           3.  Defines common ownership for purposes of the bill as two or  
              more licensees that are wholly owned by the same person.

           4.  Authorizes CFLL and CDDTL licensees that are examined as  







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              part of a consolidated examination to electronically submit  
              all books, accounts, papers, records, and files required by  
              the commissioner.

           5.  Notwithstanding the aforementioned provisions, expressly  
              retains the commissioner's right to conduct periodic onsite  
              investigations and examinations of CFLL and CDDTL licensees'  
              physical locations for business.


           EXISTING LAW
           
           6.  Provides, under the CFLL, that, for the purpose of  
              discovering violations of the CFLL or securing information  
              required by the commissioner in the administration and  
              enforcement of the CFLL, the commissioner may at any time  
              investigate the loans and business, and examine the books,  
              accounts, records, and files used in the business of every  
              person engaged in the business of a finance lender or  
              broker, whether the person acts or claims to act as  
              principal or agent, or under or without the authority of the  
              CFLL.  Further provides that, for purposes of examination,  
              the commissioner and his or her representative have free  
              access to the offices and places of business, books,  
              accounts, papers, records, files, safes, and vaults of all  
              persons being examined (Financial Code Section 22701).

           7.  Provides, under the CDDTL, that, for the purpose of  
              discovering violations of the CFFTL or securing information  
              required by the commissioner in the administration and  
              enforcement of the CDDTL, the commissioner may at any time,  
              but not less than once every two years, investigate the  
              business of deferred deposits, and examine the books,  
              accounts, records, and files used in the business of  
              deferred deposit transactions, of every person engaged in  
              the business of deferred deposit transactions, whether the  
              person acts or claims to act as a principal or an agent, or  
              without the authority of this division.  Further provides  
              that, tor the purpose of examination, the commissioner and  
              his or her representatives have free access to the offices  
              and places of business, books, accounts, papers, records,  
              files, safes, and vaults of all persons being examined  
              (Financial Code Section 23046).









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           8.  Requires each licensee under the CFLL and CDDTL to pay to  
              the commissioner the cost of each examination of that  
              licensee (Financial Code Sections 22707 and 23046).

           COMMENTS
         
          1.  Purpose:   This bill is intended to streamline licensee  
              examinations and improve administrative efficiency under  
              both the CFLL and CDDTL, without reducing consumer  
              protection or increasing examination costs.  

           2.  Background and Discussion:   According to the author's  
              office, the Department of Business Oversight (DBO; the  
              Department) does not consistently consolidate its  
              supervisory examinations.  Thus, even if one licensee under  
              the CFLL is under common ownership with other CFLL  
              licensees, each of the licensed locations is examined  
              independently.  The same is reportedly true under the CDDTL.  
               Because CFLL and CDDTL licensees are required to reimburse  
              DBO for DBO's costs to examine licensees, the piecemeal  
              approach to examinations not only results in significant  
              travel time and expense for DBO staff, who must travel to  
              each location being examined, but also results in  
              significant costs to licensees.  

          This bill will streamline examinations of CFLL and CDDTL  
              licensees in two ways.  First, it will require DBO to  
              conduct consolidated examinations of licensees under common  
              ownership.  Rather than examining each licensed location  
              separately, DBO will be required to examine all licensed  
              locations under common ownership at the same time as part of  
              a consolidated exam.  Second, this bill will authorize  
              licensees subject to consolidated examinations to  
              electronically submit all documents required by DBO in  
              connection with that examination.  

          It is unclear how significantly this bill will impact DBO's  
              examination protocols.  According to DBO, the Department  
              does not gather information from its CFLL or CDDTL licensees  
              regarding their common ownership; thus, examinations are not  
              conducted on this basis.  However, the Department does  
              conduct companywide examinations, during which it examines  
              all of the locations of the same company at the same time.   
              Typically, companywide examinations take place at a  








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              licensee's main office, and Department staff visit a select  
              number of branch offices and locations (not all of them).   
              DBO indicates that it commonly conducts companywide  
              examinations under the CDDTL.  The Department has not  
              historically conducted companywide examinations under the  
              CFLL, but has recently begun doing so and intends to  
              continue.  According to DBO, companywide examinations will  
              soon become as common under the CFLL as they are under the  
              CDDTL.

          However, in its communications with Committee staff, DBO  
              stressed the importance of the Department continuing to  
              perform physical examinations at licensed locations under  
              certain circumstances.  Physical examinations are warranted  
              if complaints are received against a specific licensed  
              location or if that licensed location had multiple  
              violations during its prior examination.  Physical  
              examinations can also help eliminate delays in communication  
              between DBO and its licensees, allow DBO examiners to view  
              how a branch's day-to-day business is run, and allow DBO  
              examiners to speak with branch employees.  

          It is also unclear how significantly this bill will impact  
              electronic communications between DBO and its CFLL and CDDTL  
              licensees, because DBO already collects considerable  
              information related to examinations electronically from its  
              licensees.  According to DBO, both CFLL and CDDTL licensees  
              are already authorized to electronically submit loan  
              information to DBO in connection with regulatory  
              examinations, as well as responses to examination questions  
              and follow-up emails and letters related to examinations.  

           3.  Unintended Consequences?:   As discussed above, this bill is  
              intended to streamline licensee examinations under both the  
              CFLL and CDDTL without reducing consumer protection or  
              increasing examination costs.  Logically, examining all  
              branch offices of the same licensee together makes sense, as  
              all of those branches should be operating under the same  
              policies and procedures, and a consolidated examination  
              should allow DBO to review those policies and procedures  
              once, rather than once each time a branch office is  
              examined.  Authorizing licensees to electronically submit  
              information required by DBO in lieu of having DBO examiners  
              physically travel throughout the state from branch office to  








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              branch office also appears to be a sensible, cost-saving  
              measure.  

          However, it is also possible that the consolidated examinations  
              this bill would require could have unintended consequences  
              for both consumers and licensees.  For example, violations  
              that might be apparent to an examiner during a site visit  
              could go undetected if an examiner conducts an examination  
              entirely within the confines of his or her office by  
              reviewing electronically submitted files.  Furthermore,  
              depending on the way in which DBO implements consolidated  
              examinations, licensee examination costs could go up, rather  
              than down.  Amendments are suggested below to test the  
              concept of consolidated examinations, before locking this  
              examination approach into either the CFLL or the CDDTL  
              permanently.

           4.  Summary of Arguments in Support:   California Financial  
              Service Providers, Check Into Cash, and Check 'n Go support  
              the bill, because of the efficiencies it would allow.  They  
              believe that the bill will "substantially cut down on DBO  
              administrative costs, thus allowing the DBO to free up  
              resources for other critical investigatory needs and reduce  
              costs of licensees without compromising compliance." 

           5.  Summary of Arguments in Opposition:    None received.
               
          6.  Amendments:  

               a.     If this Committee wishes to test the use of  
                 consolidated examinations under the CFLL and CDDTL, staff  
                 suggests doing so on a trial, rather than a permanent  
                 basis, and requiring DBO to report back to the  
                 Legislature regarding the extent to which consolidated  
                 examination protocols are working as intended.   Because  
                 DBO seeks to examine each CFLL licensee once every four  
                 years and is required to examine each CDDTL licensee once  
                 every two years, staff suggests sunsetting the bill after  
                 four years (on January 1, 2021) and requiring DBO to  
                 report to the Legislature by January 1, 2020 regarding  
                 the impacts of the consolidated examination procedure on  
                 consumers and licensees.  
                
          








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          LIST OF REGISTERED SUPPORT/OPPOSITION
            
          Support
           
          California Financial Service Providers
          Check 'n Go
          Check Into Cash

           Opposition
               
          None received


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