Legislature(2007 - 2008)BELTZ 211

04/26/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND TELECONFERENCED
Heard & Held
+ HB 121 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 140 LEAVE FOR BONE MARROW DONATIONS TELECONFERENCED
Moved CSSB 140(L&C) Out of Committee
+= SB 102 MORTGAGE LENDING TELECONFERENCED
Moved CSSB 102(L&C) Out of Committee
+= SB 28 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Heard & Held
                    SB 102-MORTGAGE LENDING                                                                                 
1:38:50 PM                                                                                                                    
CHAIR  ELLIS announced  SB 102  to be  up for  consideration. The                                                               
committee was working from version C committee substitute.                                                                      
                                                                                                                                
LYNEA  OLSON, Vice  President, CitiGroup,  opposed SB  102 saying                                                               
while CitiGroup  supported regulation  of the  mortgage industry,                                                               
corporate   state   licensure,   and  granting   the   department                                                               
regulatory  and enforcement  powers  over them,  they oppose  the                                                               
current  version  of  SB  102because it  would  require  them  to                                                               
license  employees   and  exclusive  agents  of   large  national                                                               
lenders. She  said a majority  of states have implemented  a more                                                               
reasonable  licensing scheme  where they  allow an  exemption for                                                               
large national lenders including CitiGroup.                                                                                     
                                                                                                                                
MS. OLSON  said that corporate licensure  would protect consumers                                                               
and  that CitiGroup  would agree  with the  department to  post a                                                               
surety bond so an injured borrower  could be made whole. She said                                                               
the corporate  licensure would make  sure that its  employees and                                                               
exclusive agents are in compliance with Alaska law.                                                                             
                                                                                                                                
1:40:51 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
MS.  OLSON also  explained that  CitiGroup has  internal training                                                               
procedures, supervision, audits,  and surveillance and compliance                                                               
procedures in place.                                                                                                            
                                                                                                                                
CHAIR ELLIS said  he appreciated her testimony, but  the issue is                                                               
a balancing  act between access  to credit for  Alaskan consumers                                                               
and  the consumer  protection and  responsibility of  the various                                                               
players  in  that  market.  He said  that  Senator  Huggins,  the                                                               
sponsor, is willing to continue discussing the bill.                                                                            
                                                                                                                                
SYMON  KEYMER,  State   Government  Affairs,  American  Financial                                                               
Services  Association  (AFSA),  said  AFSA is  a  national  trade                                                               
association  based  in  Washington   D.C.  and  its  members  are                                                               
financial services  companies that  provide credit  for consumers                                                               
and  small businesses  including many  mortgage lenders.  He said                                                               
that AFSA still opposes the current bill.                                                                                       
                                                                                                                                
He said  AFSA had  submitted amendment language  in the  past and                                                               
worked with the  Division of Banking and Securities,  but had not                                                               
come to  an agreement.  He asked  that the bill  be held  over to                                                               
give them  more time  to address the  legal and  technical issues                                                               
that must be addressed for  effective regulation of the industry.                                                               
If passed as it  stands, SB 102, version C, will  fly in the face                                                               
of  practices in  over  40 other  states.  It will  significantly                                                               
increase  the   burden  on   Alaska's  lenders,   regulators  and                                                               
consumers and  add costs  to lenders  that they  will pass  on to                                                               
borrowers. It  could also  have a  negative effect  on compliance                                                               
activities for regulators.                                                                                                      
                                                                                                                                
MR. KEYMER said the belief  that reciprocal regulation with other                                                               
states  will  do away  with  duplicative,  onerous and  expensive                                                               
employee licensing is  not a realistic option and  he didn't know                                                               
of  any state  that currently  provides for  originator licensing                                                               
reciprocity. He  said that regulators  in other states  have been                                                               
willing to  adopt exemptions for  employees and  exclusive agents                                                               
of  well-capitalized  and  highly regulated  entities  like  AFSA                                                               
members  to conserve  state resources.  Regulators have  realized                                                               
that  placing financial  and supervisory  responsibility squarely                                                               
on corporate entities who have  the financial stability, internal                                                               
training programs,  corporate supervision and  the accountability                                                               
of AFSA member companies allows  them to devote more resources to                                                               
greater oversight  and accountability for those  industry players                                                               
who do not.                                                                                                                     
                                                                                                                                
1:46:01 PM                                                                                                                    
MR. KEYMER said it is  also difficult to pass regulations because                                                               
each industry player is different. He explained:                                                                                
                                                                                                                                
     State  and  federal  lenders and  independent  mortgage                                                                    
     brokers are regulated  differently because they operate                                                                    
     differently.    Large     mortgage    lenders    differ                                                                    
     significantly from  independent mortgage  brokers. They                                                                    
     typically  operate  as  license  entities  in  multiple                                                                    
     states  and  have  a  large  number  of  employees  who                                                                    
     interact  with customers  from many  states on  a daily                                                                    
     basis.   They   are    well-capitalized,   carry   huge                                                                    
     reputation  risks associated  with employee  misconduct                                                                    
     and may be  affiliated with an entity  regulated by the                                                                    
     Federal Reserve Board.                                                                                                     
                                                                                                                                
     Effective  mortgage  loan   originator  licensing  must                                                                    
     recognize  these  differences  between  large  mortgage                                                                    
     lenders  and  independent  mortgage  brokers  and  must                                                                    
     recognize the difference  between inter-state companies                                                                    
     and   large  multi-state   companies.  Duplicative   or                                                                    
     overlapping  licensing  of large  multi-state  entities                                                                    
     and individuals should be avoided.                                                                                         
                                                                                                                                
     As  far as  enforcement  is concerned,  nothing in  the                                                                    
     AFSA   amendment  would   limit  the   supervisory  and                                                                    
     important powers  of the  department. As  employees and                                                                    
     exclusive   agents  of   a   licensed  company,   these                                                                    
     individuals would only be subject  to provisions of the                                                                    
     acts applicable to their license.  In addition to this,                                                                    
     the bill grants broad  authority to both the department                                                                    
     and the  attorney general to enforce  the provisions of                                                                    
     the act  against any  person as  well as  any licensee.                                                                    
     This  broad authority  would  allow  the department  to                                                                    
     enforce  these  provisions  of  the  act  against  AFSA                                                                    
     member  companies  and  their employees  and  exclusive                                                                    
     agents.                                                                                                                    
                                                                                                                                
     There are other protections  in the AFSA amendment. The                                                                    
     amendment  would require  as part  of the  license that                                                                    
     the company  sign a binding written  agreement with the                                                                    
     department    stating    that    they    accept    full                                                                    
     responsibility for  insuring that the employee  acts in                                                                    
     full  compliance  with  this  chapter.  This  agreement                                                                    
     could include requirements  such as employee background                                                                    
     checks,  continuing education,  and other  items deemed                                                                    
     necessary by the department.  The department would also                                                                    
     have  the  ability to  examine  the  company to  insure                                                                    
     compliance with  the act and the  department would have                                                                    
     legal authority to  review any loan made  by a licensed                                                                    
     company.  The details  of these  requirements would  be                                                                    
     worked out in regulation.                                                                                                  
                                                                                                                                
     The amendment  also requires the company  to maintain a                                                                    
     bond  in  an  amount  required  by  the  department  to                                                                    
     benefit the  state or  any person  who suffers  loss by                                                                    
     the  violation of  this chapter.  The licensed  company                                                                    
     would  also have  to make  a one-time  filing with  the                                                                    
     department  for an  exemption  from  licensure for  its                                                                    
     employees or exclusive agents.                                                                                             
                                                                                                                                
1:48:32 PM                                                                                                                    
     In conclusion, we  note that the Senate  passed a bill,                                                                    
     SB  272,  last year  that  AFSA  and its  members  were                                                                    
     entirely   comfortable   with.   This   year   we   had                                                                    
     enthusiastically agreed  to corporate licensure  and in                                                                    
     good  faith  believed  that  we  had  agreed  with  the                                                                    
     department  to  a  concept whereby  lenders  themselves                                                                    
     would  be regulated,  but the  employees and  exclusive                                                                    
     agents of large multi-state  mortgage lenders would not                                                                    
     be licensed  individually. This has  now proved  not to                                                                    
     be  the  case. Nevertheless,  we  believe  that such  a                                                                    
     concept is the best  way to balance consumer protection                                                                    
     with wide access to credit for the people of Alaska.                                                                       
                                                                                                                                
1:49:05 PM                                                                                                                    
CHAIR ELLIS thanked  Mr. Keymer for his testimony.  He noted that                                                               
the  committee has  relied on  Mark  Davis, the  director of  the                                                               
Division  of  Banking  and  Securities   for  his  expertise  and                                                               
interpretation  of the  state interest  in  this legislation.  He                                                               
said that he feels caught short  on the technical issues, but for                                                               
this  bill  to pass  this  year  with its  considerable  consumer                                                               
protections, it  needs to move on  its way. The sponsor  has said                                                               
he  will  continue the  conversation  at  the finance  level  and                                                               
another bill is in motion in the other body.                                                                                    
                                                                                                                                
1:50:05 PM                                                                                                                    
SENATOR STEVENS moved  to pass CSSB 102(L&C)  from committee with                                                               
individual recommendations  and attached fiscal note.  There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                

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