View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0248......................................................by STATE AFFAIRS RESIDENTIAL MORTGAGE LAW - Amends existing law to remove language exempting persons licensed under the Idaho real estate license law from provisions relating to residential mortgage practices. HCR021 02/11 House intro - 1st rdg - to printing 02/12 Rpt prt - to Bus 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 57-6-7 AYES -- Andersen, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills NAYS -- Barrett, Kulczyk, McKague, Nielsen, Sali, Wood Absent and excused -- Barraclough, Field(18), Gagner, Kellogg, Schaefer, Trail, Mr. Speaker Floor Sponsor - Meyer Title apvd - to Senate 03/03 Senate intro - 1st rdg - to Com/HuRes 03/21 Rpt out - rec d/p - to 2nd rdg 03/24 2nd rdg - to 3rd rdg 03/25 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Goedde Title apvd - to House 03/26 To enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/31 To Governor 04/04 Governor signed Session Law Chapter 221 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 248 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE RESIDENTIAL MORTGAGE PRACTICES ACT; AMENDING SECTION 26-3103, 3 IDAHO CODE, TO REMOVE LANGUAGE EXEMPTING PERSONS LICENSED UNDER THE IDAHO 4 REAL ESTATE LICENSE LAW FROM PROVISIONS RELATING TO RESIDENTIAL MORTGAGE 5 PRACTICES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 26-3103, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 26-3103. EXEMPTIONS. The provisions of this chapter do not apply to: 10 (1) Agencies of the United States and agencies of this state and its 11 political subdivisions; 12 (2) An owner of real property who offers credit secured by a contract of 13 sale, mortgage or deed of trust on the property sold; 14 (3) A loan that is made by a person to an employee of that person if the 15 proceeds of the loan are used to assist the employee in meeting his housing 16 needs; 17 (4) Any person licensed or chartered under the laws of this state or the 18 United States as a bank, regulated lender licensed under the Idaho credit code 19 and regularly engaged in making regulated consumer loans other than those 20 secured by a security interest in real property, savings and loan association, 21 credit union, or trust company; 22 (5) Any person licensed or chartered under the laws of any other state as 23 a bank, savings and loan association, or credit union; 24 (6) Attorneys, or persons licensed undereitherchapter 2,or chapter 20,25 title 54, Idaho Code, provided that the license held by such attorneys or per- 26 sons is in an active status; 27 (7) Persons employed by licensees on a full-time basis or persons who are 28 employed by no more than one (1) licensee on a part-time basis; 29 (8) Any person or entity not making more than five (5) loans primarily 30 for personal, family, or household use and primarily secured by a security 31 interest on residential real property, with his own funds for his own invest- 32 ment, in any period of twelve (12) consecutive months; nor 33 (9) Any person who funds a residential mortgage loan which has been orig- 34 inated and processed by a licensee or by an exempt person, who does not 35 directly or indirectly solicit borrowers in this state for the purpose of mak- 36 ing residential mortgage loans, and who does not participate in the negotia- 37 tion of residential mortgage loans with the borrower. For the purpose of this 38 subsection, "negotiation of residential mortgage loans" does not include set- 39 ting the terms under which a person may buy or fund a residential mortgage 40 loan originated by a licensee or exempt person.
STATEMENT OF PURPOSE RS 12924 The purpose of this legislation is to remove the exemption for real estate licensees under the Residential Mortgages Practices Act. This act regulates the mortgage industry and provides for accountability, training and licensing on the part of mortgage brokers. It also allows for consequences when a broker is not using best practices. The law currently allows for exemption of attorneys, CPA's and real estate licensees. Both the attorneys and CPA's are regulated in their practices, including any work they do in loan brokering, by their professional organizations. If either engages in bad practices, their professional licensing authority can become involved and impose sanctions. The Idaho Real Estate Commission would not become involved in the investigation or resolution of any complaints against the mortgage practices of a real estate licensee unless the complaint involved outright fraud. The Department of Finance, who regulates the Act, has stated they also have no authority to become involved in the investigation or resolution of such complaints at all. Since real estate licensees are exempt from licensing, the Department of Finance has no standing to become involved, even to verify the complaint. FISCAL IMPACT There is no significant impact on the General Fund. There is the possibility of a slight increase in licensing fees to the Department of Finance for those real estate licensees wishing to be licensed as mortgage brokers. Contact Name: Teri Ottens, Idaho Association of Mortgage Brokers Phone: (208)321-0309 STATEMENT OF PURPOSE/FISCAL NOTE H 248