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H0714aa,aaS................................................by STATE AFFAIRS MORTGAGE BROKERS - Amends existing law to authorize the director of the Department of Finance to participate in the establishment and implementation of a multistate automated licensing system for mortgage brokers and lenders and individual mortgage loan originators; to require criminal history record checks; and to exempt certain individuals and persons from information and participation requirements. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Bus 03/02 Rpt out - to Gen Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/15 3rd rdg as amen - PASSED - 65-1-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- Smith(24) Absent and excused -- Crow, Ellsworth, Shirley, Wills Floor Sponsor - Miller Title apvd - to Senate 03/16 Senate intro - 1st rdg - to St Aff 03/27 Rpt out - to 14th Ord 03/28 Rpt out amen - to 1st rdg as amen 03/29 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Stegner Title apvd - to House 04/03 House concurred in Senate amens - to engros 04/04 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bell, Crow, Schaefer, Shepherd(2) Floor Sponsor - Deal Title apvd - To enrol - Rpt enrol - Sp signed 04/05 Pres signed - To Governor 04/10 Governor signed Session Law Chapter 410 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 714 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF 3 FINANCE; AMENDING SECTION 26-3105, IDAHO CODE, TO AUTHORIZE THE DIRECTOR 4 TO PARTICIPATE IN THE ESTABLISHMENT AND IMPLEMENTATION OF A MULTISTATE 5 AUTOMATED LICENSING SYSTEM FOR MORTGAGE BROKERS AND LENDERS AND INDIVIDUAL 6 MORTGAGE LOAN ORIGINATORS, TO REQUIRE CRIMINAL HISTORY RECORD CHECKS AND 7 TO EXEMPT FROM INFORMATION AND PARTICIPATION REQUIREMENTS CERTAIN EMPLOY- 8 EES AND AGENTS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 26-3105, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 26-3105. POWERS AND DUTIES OF DIRECTOR. (1) In addition to any other 13 duties imposed upon the director by law, the director shall: 14 (1a) Administer and enforce the provisions and requirements of this chap- 15 ter; 16 (2b) Conduct investigations and issue subpoenas as necessary to determine 17 whether a person has violated any provision of this chapter or rules pro- 18 mulgated under the authority of this chapter; 19 (3c) Conduct examinations of the books and records of licensees and con- 20 duct investigations as necessary and proper for the enforcement of the 21 provisions of this chapter and the rules promulgated under the authority 22 of this chapter; 23 (4d) Appoint a volunteer advisory board which shall consist of two (2) 24 individuals who are mortgage lenders and two (2) individuals who are mort- 25 gage brokers; 26 (5e) Pursuant to chapter 52, title 67, Idaho Code, issue orders and pro- 27 mulgate rules that, in the opinion of the director, are necessary to exe- 28 cute, enforce and effectuate the purposes of this chapter; 29 (6f) Be authorized to set, by annual written notification to licensees, 30 limits on the fees and charges which are set forth in subsections (1) and 31 (2) of section 26-3113, Idaho Code; 32 (7g) Require that all funds collected by the department under this chap- 33 ter be deposited into the finance administrative account pursuant to sec- 34 tion 67-2702, Idaho Code; and 35 (8h) Review and approve forms used by licensees prior to their use as 36 prescribed by the director. 37 (2) The legislature has determined that a uniform multistate administra- 38 tion of an automated licensing system for mortgage brokers, mortgage lenders 39 and individual mortgage loan originators is consistent with both the public 40 interest and the purposes of this chapter; therefore, in order to participate 41 in the establishment and implementation of a multistate automated licensing 42 system for mortgage brokers, mortgage lenders and individual mortgage loan 43 originators, the director is authorized: 2 1 (a) To waive or modify, in whole or in part, by rule or order, any or all 2 of the requirements of sections 26-3108, 26-3108A, 26-3110 and 26-3111, 3 Idaho Code; 4 (b) To establish such new requirements as are necessary for the state of 5 Idaho to participate in a multistate automated licensing system upon the 6 director's finding that each new requirement is consistent with both the 7 public interest and the purposes of this chapter; and 8 (c) To require a background investigation of each applicant for a mort- 9 gage broker, mortgage lender or loan originator license by means of fin- 10 gerprint checks by the Idaho state police and the FBI for state and 11 national criminal history record checks, commencing at such time as Idaho 12 joins a multistate automated licensing system for mortgage brokers, mort- 13 gage lenders and individual mortgage loan originators pursuant to this 14 subsection (2). The information obtained thereby may be used by the direc- 15 tor to determine the applicant's eligibility for licensing under this 16 chapter. The fee required to perform the criminal history record check 17 shall be borne by the license applicant. Information obtained or held by 18 the director pursuant to this subsection (2) shall be considered confiden- 19 tial personal information and shall be exempt from disclosure pursuant to 20 section 9-340C(8) and (9), Idaho Code. 21 (d) Nothing in this section shall authorize the director to require 22 employees or exclusive agents of exempt regulated lenders as set forth in 23 section 26-3103(4), Idaho Code, to submit information to, or to partici- 24 pate in, the uniform multistate licensing system.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Davis Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO H.B. NO. 714, As Amended 1 AMENDMENTS TO SECTION 1 2 On page 1 of the engrossed bill, in line 40, delete "in order to partici- 3 pate" and insert: "for the sole purpose of participating"; on page 2, delete 4 lines 1 through 3 and insert: 5 "(a) To modify by rule the license renewal dates set forth in section 6 26-3111(3) and (4), Idaho Code;"; 7 in line 4, following "establish" insert: "by rule"; and in line 21, delete 8 "(d) Nothing in" and insert: 9 "(3) Nothing in subsection (2) of". 2 Moved by Deal Seconded by Rusche IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 714 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete lines 22 through 24 and insert: "any 3 individual or person exempt under section 26-3103, Idaho Code, or employees or 4 agents of any such exempt individual or person, to submit information to, or 5 to participate in, the uniform multistate licensing system.". 6 CORRECTION TO TITLE 7 On page 1, delete lines 7 and 8 and insert: "TO EXEMPT CERTAIN INDIVIDUALS 8 AND PERSONS FROM INFORMATION AND PARTICIPATION REQUIREMENTS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 714, As Amended, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF 3 FINANCE; AMENDING SECTION 26-3105, IDAHO CODE, TO AUTHORIZE THE DIRECTOR 4 TO PARTICIPATE IN THE ESTABLISHMENT AND IMPLEMENTATION OF A MULTISTATE 5 AUTOMATED LICENSING SYSTEM FOR MORTGAGE BROKERS AND LENDERS AND INDIVIDUAL 6 MORTGAGE LOAN ORIGINATORS, TO REQUIRE CRIMINAL HISTORY RECORD CHECKS AND 7 TO EXEMPT CERTAIN INDIVIDUALS AND PERSONS FROM INFORMATION AND PARTICIPA- 8 TION REQUIREMENTS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 26-3105, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 26-3105. POWERS AND DUTIES OF DIRECTOR. (1) In addition to any other 13 duties imposed upon the director by law, the director shall: 14 (1a) Administer and enforce the provisions and requirements of this chap- 15 ter; 16 (2b) Conduct investigations and issue subpoenas as necessary to determine 17 whether a person has violated any provision of this chapter or rules pro- 18 mulgated under the authority of this chapter; 19 (3c) Conduct examinations of the books and records of licensees and con- 20 duct investigations as necessary and proper for the enforcement of the 21 provisions of this chapter and the rules promulgated under the authority 22 of this chapter; 23 (4d) Appoint a volunteer advisory board which shall consist of two (2) 24 individuals who are mortgage lenders and two (2) individuals who are mort- 25 gage brokers; 26 (5e) Pursuant to chapter 52, title 67, Idaho Code, issue orders and pro- 27 mulgate rules that, in the opinion of the director, are necessary to exe- 28 cute, enforce and effectuate the purposes of this chapter; 29 (6f) Be authorized to set, by annual written notification to licensees, 30 limits on the fees and charges which are set forth in subsections (1) and 31 (2) of section 26-3113, Idaho Code; 32 (7g) Require that all funds collected by the department under this chap- 33 ter be deposited into the finance administrative account pursuant to sec- 34 tion 67-2702, Idaho Code; and 35 (8h) Review and approve forms used by licensees prior to their use as 36 prescribed by the director. 37 (2) The legislature has determined that a uniform multistate administra- 38 tion of an automated licensing system for mortgage brokers, mortgage lenders 39 and individual mortgage loan originators is consistent with both the public 40 interest and the purposes of this chapter; therefore, for the sole purpose of 41 participating in the establishment and implementation of a multistate auto- 42 mated licensing system for mortgage brokers, mortgage lenders and individual 43 mortgage loan originators, the director is authorized: 2 1 (a) To modify by rule the license renewal dates set forth in section 2 26-3111(3) and (4), Idaho Code; 3 (b) To establish by rule such new requirements as are necessary for the 4 state of Idaho to participate in a multistate automated licensing system 5 upon the director's finding that each new requirement is consistent with 6 both the public interest and the purposes of this chapter; and 7 (c) To require a background investigation of each applicant for a mort- 8 gage broker, mortgage lender or loan originator license by means of fin- 9 gerprint checks by the Idaho state police and the FBI for state and 10 national criminal history record checks, commencing at such time as Idaho 11 joins a multistate automated licensing system for mortgage brokers, mort- 12 gage lenders and individual mortgage loan originators pursuant to this 13 subsection (2). The information obtained thereby may be used by the direc- 14 tor to determine the applicant's eligibility for licensing under this 15 chapter. The fee required to perform the criminal history record check 16 shall be borne by the license applicant. Information obtained or held by 17 the director pursuant to this subsection (2) shall be considered confiden- 18 tial personal information and shall be exempt from disclosure pursuant to 19 section 9-340C(8) and (9), Idaho Code. 20 (3) Nothing in subsection (2) of this section shall authorize the direc- 21 tor to require any individual or person exempt under section 26-3103, Idaho 22 Code, or employees or agents of any such exempt individual or person, to sub- 23 mit information to, or to participate in, the uniform multistate licensing 24 system. 3 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 714, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF 3 FINANCE; AMENDING SECTION 26-3105, IDAHO CODE, TO AUTHORIZE THE DIRECTOR 4 TO PARTICIPATE IN THE ESTABLISHMENT AND IMPLEMENTATION OF A MULTISTATE 5 AUTOMATED LICENSING SYSTEM FOR MORTGAGE BROKERS AND LENDERS AND INDIVIDUAL 6 MORTGAGE LOAN ORIGINATORS, TO REQUIRE CRIMINAL HISTORY RECORD CHECKS AND 7 TO EXEMPT CERTAIN INDIVIDUALS AND PERSONS FROM INFORMATION AND PARTICIPA- 8 TION REQUIREMENTS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 2. That Section 26-3105, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 26-3105. POWERS AND DUTIES OF DIRECTOR. (1) In addition to any other 13 duties imposed upon the director by law, the director shall: 14 (1a) Administer and enforce the provisions and requirements of this chap- 15 ter; 16 (2b) Conduct investigations and issue subpoenas as necessary to determine 17 whether a person has violated any provision of this chapter or rules pro- 18 mulgated under the authority of this chapter; 19 (3c) Conduct examinations of the books and records of licensees and con- 20 duct investigations as necessary and proper for the enforcement of the 21 provisions of this chapter and the rules promulgated under the authority 22 of this chapter; 23 (4d) Appoint a volunteer advisory board which shall consist of two (2) 24 individuals who are mortgage lenders and two (2) individuals who are mort- 25 gage brokers; 26 (5e) Pursuant to chapter 52, title 67, Idaho Code, issue orders and pro- 27 mulgate rules that, in the opinion of the director, are necessary to exe- 28 cute, enforce and effectuate the purposes of this chapter; 29 (6f) Be authorized to set, by annual written notification to licensees, 30 limits on the fees and charges which are set forth in subsections (1) and 31 (2) of section 26-3113, Idaho Code; 32 (7g) Require that all funds collected by the department under this chap- 33 ter be deposited into the finance administrative account pursuant to sec- 34 tion 67-2702, Idaho Code; and 35 (8h) Review and approve forms used by licensees prior to their use as 36 prescribed by the director. 37 (2) The legislature has determined that a uniform multistate administra- 38 tion of an automated licensing system for mortgage brokers, mortgage lenders 39 and individual mortgage loan originators is consistent with both the public 40 interest and the purposes of this chapter; therefore, in order to participate 41 in the establishment and implementation of a multistate automated licensing 42 system for mortgage brokers, mortgage lenders and individual mortgage loan 43 originators, the director is authorized: 44 (a) To waive or modify, in whole or in part, by rule or order, any or all 45 of the requirements of sections 26-3108, 26-3108A, 26-3110 and 26-3111, 46 Idaho Code; 4 1 (b) To establish such new requirements as are necessary for the state of 2 Idaho to participate in a multistate automated licensing system upon the 3 director's finding that each new requirement is consistent with both the 4 public interest and the purposes of this chapter; and 5 (c) To require a background investigation of each applicant for a mort- 6 gage broker, mortgage lender or loan originator license by means of fin- 7 gerprint checks by the Idaho state police and the FBI for state and 8 national criminal history record checks, commencing at such time as Idaho 9 joins a multistate automated licensing system for mortgage brokers, mort- 10 gage lenders and individual mortgage loan originators pursuant to this 11 subsection (2). The information obtained thereby may be used by the direc- 12 tor to determine the applicant's eligibility for licensing under this 13 chapter. The fee required to perform the criminal history record check 14 shall be borne by the license applicant. Information obtained or held by 15 the director pursuant to this subsection (2) shall be considered confiden- 16 tial personal information and shall be exempt from disclosure pursuant to 17 section 9-340C(8) and (9), Idaho Code. 18 (d) Nothing in this section shall authorize the director to require any 19 individual or person exempt under section 26-3103, Idaho Code, or employ- 20 ees or agents of any such exempt individual or person, to submit informa- 21 tion to, or to participate in, the uniform multistate licensing system.
STATEMENT OF PURPOSE RS 16100 The purpose of this bill is to amend the Idaho Residential Mortgage Practices Act to permit Idaho licensed mortgage brokers, mortgage lenders, and mortgage loan originators to readily convert to a uniform nationwide mortgage licensing system when that system is approved and adopted for implementation pursuant to a national uniform mortgage licensing project spearheaded by industry representatives, the Conference of State Bank Supervisors (CSBS), and the American Association of Residential Mortgage Regulators (AARMR). FISCAL NOTE No fiscal impact to the general fund. It is anticipated that a nationwide mortgage licensing system may lead to an increase in the number of Idaho licensees. This would lead to increased licensing revenues to the Department's dedicated account. Contact Name: Mike Larsen, Department of Finance Phone: 332-8060 STATEMENT OF PURPOSE/FISCAL NOTE H 714