1999 Legislation
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HOUSE BILL NO. 73 – Lenders, regulated, branch license

HOUSE BILL NO. 73

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Daily Data Tracking History



H0073........................................................by MR. SPEAKER
                    Requested by Department of Finance
LENDERS - REGULATED - Amends existing law to delete the requirement that
applicants seeking a regulated lender license notify all existing licensees
by publishing a notice in a local newspaper; to delete the requirement that
regulated lender licensees seeking additional branch office licenses
complete separate licensing applications for each office; and to require
that licensees provide notification and payment of the required fee to the
Department of Finance.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Bus
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 64-1-5
      AYES -- Alltus, Barraclough, Barrett, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer,
      Sellman, Smith, Stevenson, Stoicheff, Stone, Tippets, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter
      Absent and excused -- Bell, Reynolds, Taylor, Tilman, Williams
    Floor Sponsor - Kunz
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Com/HuRes
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    Rules susp - PASSED - 24-0-11
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Dunklin, Geddes, Hawkins, Ipsen, King,
      Lee, McLaughlin, Noh, Richardson, Risch, Schroeder, Sorensen,
      Stegner, Stennett, Twiggs
      NAYS--None
      Absent and excused--Boatright, Deide, Frasure, Ingram, Keough, Parry,
      Riggs, Sandy, Thorne, Wheeler, Whitworth
    Floor Sponsor - Crow
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/24    Governor signed
         Session Law Chapter 275
         Effective: 07/01/99

Bill Text


H0073

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 73

                                      BY MR. SPEAKER
                           Requested by: Department of Finance

 1                                        AN ACT
 2    RELATING TO THE IDAHO CREDIT CODE; AMENDING SECTION 28-46-302, IDAHO CODE,  TO
 3        DELETE  THE REQUIREMENT THAT APPLICANTS SEEKING A REGULATED LENDER LICENSE
 4        NOTIFY ALL EXISTING LICENSEES BY PUBLISHING A NOTICE IN A LOCAL NEWSPAPER,
 5        TO DELETE THE REQUIREMENT THAT REGULATED LENDER  LICENSEES  SEEKING  ADDI-
 6        TIONAL BRANCH OFFICE LICENSES COMPLETE SEPARATE LICENSING APPLICATIONS FOR
 7        EACH  OFFICE  AND  TO  REQUIRE  THAT LICENSEES PROVIDE NOTIFICATION TO THE
 8        DEPARTMENT OF FINANCE AND PAYMENT OF THE REQUIRED FEE.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION 1.  That Section 28-46-302, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        28-46-302.  LICENSE TO MAKE  REGULATED  CONSUMER  LOANS.  (1)    Upon
13    receipt  by  the  administrator  of an application with the required fee to be
14    fixed by the administrator, but not to exceed one hundred dollars ($100),  the
15    applicant shall notify all existing licensees in the community of the applica-
16    tion  by  publishing  notice  once a week for three (3) consecutive weeks in a
17    newspaper of general circulation in the community.  Such  licensees  may  file
18    with  the  administrator  any  objections  to the issuance of a license within
19    thirty (30) days after the date of the last publication of such notice.
20        (2)   No application for license shall be denied if the  administra-
21    tor finds that:
22        (a)  The  financial  responsibility,  character, and fitness of the appli-
23        cant, and of the officers and directors thereof (if  the  applicant  is  a
24        corporation) are such as to warrant belief that the business will be oper-
25        ated honestly and fairly within the purposes of this act; and
26        (b)  The  applicant  has at least thirty thousand dollars ($30,000) avail-
27        able for the purpose of making loans.
28        ( 3  2 )  The administrator is empowered to  conduct
29    investigations  as he may deem necessary, to enable him to determine the exis-
30    tence of the requirements set  out  in  subsections  (  2    1
31    )(a) and ( 2  1 )(b) of this section.
32        (  4    3  )  The director may issue a license under
33    this act to a mortgage lender licensed under chapter 31, title 26, Idaho Code,
34    and who is engaged in the business described in subsection (1) or (2) of  sec-
35    tion  28-46-301,  Idaho  Code.  All provisions of this act, except subsections
36    (1) ,   and  (2)  and (3)  of  this  section,
37    and  subsection  (5)  of section 28-46-305, Idaho Code, shall apply to persons
38    seeking a license pursuant to this subsection.
39        ( 5  4 )  Upon written  request,  the  applicant  is
40    entitled to a hearing on the question of his qualifications for a license if:
41        (a)  The  administrator  has  notified  the  applicant in writing that his
42        application has been denied, or objections filed; or
43        (b)  The administrator has not issued a license  within  sixty  (60)  days


                                          2

 1        after the application for the license was filed.
 2        If  a  hearing  is  held,  the applicant and those filing objections shall
 3    reimburse, pro rata,  the  administrator  for  his  reasonable  and  necessary
 4    expenses  incurred as a result of the hearing. A request for a hearing may not
 5    be made more than fifteen (15) days after the administrator has mailed a writ-
 6    ing to the applicant notifying him that the application has  been  denied  and
 7    stating  in  substance  the   administrator's finding supporting denial of the
 8    application  or that objections have been filed and the substance thereof.
 9        ( 6  5 )  The  administrator  may  issue  additional
10    licenses to the same licensee upon  compliance with all the provisions of
11    this  act governing the issuance of a single license   notification
12    by the licensee, in the manner prescribed by the administrator, and payment of
13    the required fee . A separate license shall be required for  each  place
14    of  business. Each license shall remain in full force and effect until surren-
15    dered, suspended or revoked.
16        ( 7  6 )  No licensee shall change the  location  of
17    any  place of business, or consolidate, or close any locations, without giving
18    the administrator at least fifteen (15) days' prior written notice. No  licen-
19    see  shall  change the location of any of his places of business to a location
20    more than five (5) miles from the original location or  outside  the  original
21    municipality, if any.
22        (  8   7 )  A licensee shall not engage in the busi-
23    ness of making regulated consumer loans at any place of business for which  he
24    does  not  hold a license nor shall he engage in business under any other name
25    than that in the license.

Statement of Purpose / Fiscal Impact


                      STATEMENT  OF  PURPOSE
RS08426
This legislation amends the Idaho Credit Code to delete the
requirement that applicants seeking a regulated lender license
notify all existing licensees by publishing notice in a local
newspaper.

This legislation further amends the Idaho Credit Code to delete the
requirement that regulated lender licensees seeking additional
branch office licenses complete separate licensing applications for
each additional office.  The amendment would require only that
licensees provide notification to the Department and payment of the
required fee.



FISCAL  IMPACT
None.






CONTACT   
Name:          Kelly Robison
Agency:   Idaho Department of Finance
Phone:         332-8032

Statement of Purpose/Fiscal Impact                           H 7