CSHB 145(L&C): "An Act relating to loans in an amount of $25,000 or less; relating to the Nationwide Multistate Licensing System and Registry; relating to deferred deposit advances; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 145(L&C) 01 "An Act relating to loans in an amount of $25,000 or less; relating to the Nationwide 02 Multistate Licensing System and Registry; relating to deferred deposit advances; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 06.01.020(a) is amended to read: 06 (a) Notwithstanding other provisions of this title, the department may by order 07 authorize state financial institutions, except licensees subject to AS 06.20 or [,] 08 AS 06.40 [, OR AS 06.50], to exercise any of the powers conferred on [UPON], or to 09 be subject to any of the limitations imposed on [UPON], a federally chartered 10 financial institution doing business in this state with deposits insured by an agency of 11 the federal government if the department finds that the exercise of the power or 12 imposition of the limitation both 13 (1) serves the public convenience and advantage; and 14 (2) equalizes and maintains the quality of competition between state
01 financial institutions and federally chartered financial institutions. 02 * Sec. 2. AS 06.01.050(3) is amended to read: 03 (3) "financial institution" means an institution subject to the regulation 04 of the department under this title; in this paragraph, "institution" includes a 05 commercial bank, savings bank, credit union, premium finance company, small loan 06 company, bank holding company, financial holding company, trust company, savings 07 and loan association, [DEFERRED DEPOSIT ADVANCE LICENSEE UNDER 08 AS 06.50,] and a licensee under AS 06.60; 09 * Sec. 3. AS 06.20.010 is amended by adding new subsections to read: 10 (c) A person, including the agent or service provider of another person, is a 11 lender subject to the requirements of this chapter if the interest rate on a loan exceeds 12 the maximum interest rate permitted under AS 06.20.230 and 13 (1) the person directly or indirectly holds, acquires, or maintains the 14 predominant economic interest in a loan in the amount of $25,000 or less; 15 (2) the person offers, markets, brokers, arranges, facilitates, or services 16 a loan in the amount of $25,000 or less and holds the right, requirement, or first right 17 of refusal to purchase the loan, a receivable in the loan, or interest in the loan; 18 (3) the person makes a loan disguised as a personal property sale or 19 leaseback transaction; or 20 (4) the totality of the circumstances indicate that the person is a lender 21 in a loan in the amount of $25,000 or less and the transaction is structured to evade the 22 requirements of this chapter. 23 (d) For the purposes of this chapter, a loan or transaction takes place in the 24 state if the borrower is a resident of the state and the borrower completes the 25 transaction, either in person or electronically, while physically present in the state. 26 * Sec. 4. AS 06.20 is amended by adding a new section to read: 27 Sec. 06.20.025. National registry. The department may 28 (1) participate in the registry and pay any fees required for 29 participation in the registry; 30 (2) establish by regulation a process for licensees under this chapter to 31 challenge information entered into the registry by the department;
01 (3) contract with entities designated by the registry to collect and 02 maintain records or process fees; 03 (4) adopt regulations to require a licensee to register with the registry 04 and submit applications, renewal applications, surety bonds, reports, and other 05 information and forms to the registry; 06 (5) adopt other regulations under AS 44.62 (Administrative Procedure 07 Act) to implement this section; 08 (6) request other information the department reasonably requires from 09 an applicant. 10 * Sec. 5. AS 06.20.030(a) is amended to read: 11 (a) Investigation expenses incurred by the department in processing an 12 application for licensure shall be charged to and paid by the applicant under 13 AS 06.01.010. At the time of submitting the application to the commissioner, the 14 applicant shall pay to the department or through the registry $1,000 in partial 15 payment of those investigation expenses incurred by the department. 16 * Sec. 6. AS 06.20.030(b) is amended to read: 17 (b) An applicant shall pay to the department or through the registry at the 18 time of submitting an application a sum, in addition to that specified in (a) of this 19 section, of $500 for each location of a branch, Internet website, or mobile 20 application [A SINGLE OFFICE LICENSE,] or $2,000 for a company [MULTIPLE 21 OFFICE] license as an annual license fee for a period terminating on the last day of 22 the current calendar year. 23 * Sec. 7. AS 06.20.090 is repealed and reenacted to read: 24 Sec. 06.20.090. Places of business. (a) To apply for a license under this 25 chapter, an applicant or person must submit a separate application to the department or 26 through the registry for each location, including a branch, Internet website, or mobile 27 application, through which the applicant or person conducts business. 28 (b) The department may establish by regulation information that must be 29 submitted by an applicant and licensee, the procedures for determining acceptable 30 criteria for approvals and denials, procedures for paying the fees in the registry, and 31 the effective period of a license.
01 * Sec. 8. AS 06.20.170 is amended to read: 02 Sec. 06.20.170. Periodic examination. The department shall examine the 03 affairs, business, office, and records of each licensee as often as necessary to carry 04 out the purposes of this chapter [AT LEAST ONCE EVERY 18 MONTHS]. 05 Examination fees are to be charged to and paid by the licensee in accordance with 06 AS 06.01.010. The department may maintain an action for the recovery of the costs in 07 any court of competent jurisdiction, with recourse to the bonds referred to in 08 AS 06.20.050 and 06.20.080. 09 * Sec. 9. AS 06.20.230 is amended to read: 10 Sec. 06.20.230. Maximum interest permitted. (a) A licensee may lend any 11 sum of money not exceeding $25,000 and may charge, contract for, and receive on the 12 loan interest at a rate not exceeding three percent a month [ON THAT PART OF THE 13 UNPAID PRINCIPAL BALANCE OF A LOAN NOT IN EXCESS OF $850; TWO 14 PERCENT A MONTH ON THE UNPAID PRINCIPAL BALANCE EXCEEDING 15 $850 BUT NOT EXCEEDING $10,000; AND AT A RATE AGREED BY 16 CONTRACT ON THE REMAINDER OF ANY UNPAID PRINCIPAL BALANCE 17 EXCEEDING $10,000 BUT NOT EXCEEDING $25,000]. 18 (b) Notwithstanding the provisions of (a) of this section, a licensee who makes 19 open-end loans under this chapter may charge, contract for, and receive interest at a 20 rate not exceeding three percent a month on that part of the unpaid principal balance of 21 a loan not in excess of [$850; TWO PERCENT A MONTH ON THE UNPAID 22 PRINCIPAL BALANCE EXCEEDING $850 BUT NOT EXCEEDING $10,000; 23 AND AT A RATE AGREED BY CONTRACT ON THE REMAINDER OF ANY 24 UNPAID PRINCIPAL BALANCE EXCEEDING $10,000 BUT NOT EXCEEDING] 25 $25,000. 26 (c) Interest on loans under (b) of this section shall be computed according to 27 the actuarial method on the entire unpaid principal balance as determined under 28 AS 06.20.285(b). The interest rate on loans under (a) or (b) of this section shall be 29 computed by including all fees, costs, and premiums charged under 30 AS 06.20.260(a)(1) - (5). 31 * Sec. 10. AS 06.20.310 is amended to read:
01 Sec. 06.20.310. Effect of illegal interest rate. A loan of the amount or value 02 of $25,000 or less for which a greater rate of interest, consideration, or charge than is 03 permitted by this chapter has been charged, contracted for, or received, wherever 04 made, may not be enforced in the state, and every person participating in such a loan 05 in the state is subject to this chapter. This section does not apply to loans legally made 06 in a state or territory of the United States that has in effect a regulatory small loan law 07 similar in principle to this chapter but does apply to loans made by a person subject 08 to this chapter under AS 06.20.010(c). 09 * Sec. 11. AS 06.20 is amended by adding a new section to read: 10 Sec. 06.20.325. Criminal threats. A licensee under this chapter may not 11 threaten a borrower with criminal prosecution as a result of the borrower's default. 12 * Sec. 12. AS 06.20.900 is amended by adding a new paragraph to read: 13 (4) "registry" means the Nationwide Multistate Licensing System and 14 Registry. 15 * Sec. 13. AS 08.76.500 is amended to read: 16 Sec. 08.76.500. Exemptions. This chapter does not apply to 17 (1) a financial institution that is subject to the regulation of the 18 department under AS 06, including a commercial bank, savings bank, credit union, 19 premium finance company, small loan company, bank holding company, financial 20 holding company, trust company, or savings and loan association [, AND 21 DEFERRED DEPOSIT ADVANCE LICENSEE UNDER AS 06.50]; or 22 (2) a financial institution organized under federal law. 23 * Sec. 14. AS 45.45.020 is amended by adding a new subsection to read: 24 (b) Interest under AS 45.45.010 - 45.45.070 shall be computed by including 25 all service charges paid by the borrower, debtor, or mortgagor. In this subsection, 26 "service charge" means a fee charged by the lender, creditor, or mortgagee for 27 opening, renewing, or continuing an account but does not include a late payment fee, a 28 fee for a dishonored check, reasonable attorney fees or other actual expenses and costs 29 incurred in connection with the collection of a delinquent debt or a foreclosure, or 30 actual expenses and costs incurred in connection with a repossession. 31 * Sec. 15. AS 06.01.035(j); AS 06.20.030(c), 06.20.330; AS 06.50.010, 06.50.020,
01 06.50.030, 06.50.040, 06.50.050, 06.50.060, 06.50.070, 06.50.080, 06.50.090, 06.50.200, 02 06.50.210, 06.50.220, 06.50.230, 06.50.300, 06.50.310, 06.50.320, 06.50.330, 06.50.400, 03 06.50.410, 06.50.420, 06.50.430, 06.50.440, 06.50.450, 06.50.460, 06.50.470, 06.50.480, 04 06.50.490, 06.50.500, 06.50.510, 06.50.520, 06.50.530, 06.50.540, 06.50.550, 06.50.560, 05 06.50.600, 06.50.610, 06.50.900; AS 44.62.330(a)(40); and AS 47.24.900(10)(K) are 06 repealed. 07 * Sec. 16. This Act takes effect July 1, 2024.