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Individual State Agency Fiscal Note — 6025 SB, Predatory loans (Department of Financial Institutions)

Summary

Individual State Agency Fiscal Note for 6025 SB, titled Predatory loans, prepared for the Department of Financial Institutions. For the Financial Services Regulation Account, estimated operating expenditures are 428,281 for 2023-25 and 1,220,258 for 2025-27. The narrative states that the bill revises Chapter 31.04 RCW, the Consumer Loan Act. Section 2 amends the definition of loan, Section 3 adds anti-evasion provisions, and Section 4 makes it a violation for any person to engage in subterfuge or pretense to evade the requirements. Under new rule making, the narrative states that rulemaking costs will be absorbed.

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“Individual State Agency Fiscal Note — 6025 SB, Predatory loans (Department of Financial Institutions).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-30-a31844-d268035-6025-sb-fn-final-1-29-24-e65efb8364/, SHA-256 9851de6f2853a4b44cc844a3eaa23bd99cf722c1685df7dd0de1cbb22603417e.

Full text

                            Individual State Agency Fiscal Note

Bill Number:      6025 SB                Title:     Predatory loans                                           Agency: 102-Department of Financial
                                                                                                                      Institutions

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2024             FY 2025             2023-25              2025-27            2027-29
 Financial Services Regulation                                                         355,254             355,254              634,396          634,396
 Account-Non-Appropriated               300-6
                                         Total $                                       355,254             355,254              634,396          634,396


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  0.0                   3.5              1.8                      4.6              4.6
 Account
 Financial Services Regulation                                      0              428,281             428,281             1,220,258           1,220,258
 Account-Non-Appropriated                300
 -6
                                       Total $                      0              428,281             428,281             1,220,258           1,220,258


Estimated Capital Budget Impact:

    NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

  X   Requires new rule making, complete Part V.


   Legislative Contact:     Clinton McCarthy                                                  Phone: 360-786-7319            Date: 01/26/2024
   Agency Preparation:      Cale Zimmerman                                                    Phone: (360) 902-0507          Date: 01/29/2024
   Agency Approval:         Emily Fitzgerald                                                  Phone: (360) 902-8780          Date: 01/29/2024
  OFM Review:               Amy Hatfield                                                      Phone: (360) 280-7584          Date: 01/29/2024

Form FN (Rev 1/00) 192,348.00                                                                                                     Request # 24-015-1
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 6025 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 This bill revises Chapter 31.04 RCW, the Consumer Loan Act (CLA). Section 2 amends the definition of “loan.” Section
 3 adds anti-evasion provisions to clarify that a person may not engage in subterfuge to evade compliance with the CLA
 requirements. Section 3 also sets forth other considerations in determining whether a person making a loan is a lender that
 is subject to the CLA. Section 4 adds a new section which makes it a violation of the CLA for any person to engage in any
 subterfuge or pretense to evade the requirements of the CLA. Section 5 is amended to state that any non-mortgage
 consumer loans made by an unlicensed person are unenforceable.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

 The Department of Financial Institutions (DFI) estimates that approximately 80 currently unlicensed lenders will need to
 become licensed under the Consumer Loan Act (CLA) under the proposed amendments. DFI anticipates newer consumer
 credit products or services to require licensure based on the proposed amendment to the definition of “loan.” This includes
 products or services offered by online fintech loan companies, such as loans involving future income.

 DFI expects to collect about $84,976.80 ($1062.21 x 80) in initial licensing fees during FY25 from the estimated 80
 companies.

 Licensees under the CLA pay an assessment fee based on their volume of business in the previous year. DFI estimates
 the following revenue under the assumption that applicants will pay an assessment of $3,378.47 each year (average
 assessment for existing consumer lenders in CY 2022). The first annual assessment fees will be due in early CY 2025 for
 business conducted in CY 2024. DFI expects to collect $270,277.60 ($3,378.47 x 80) during FY25 and ongoing.

 In addition, each licensee under the CLA is subject to examination. Exam costs will be billed at $69 per hour and each initial
 exam will likely require 17 hours. New licensees are examined within the first 12-24 months of licensure. DFI expects to
 examine 40 licensees in FY26 and each year following, resulting in $46,920 per year ($69 x 17 x 40).

 For purposes of this fiscal note, investigative fees are not included as they are indeterminate.
II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 DFI will collect financial, criminal background information, and other identifying information for review of suitability for
 licensure.

 DFI will have authority to examine and investigate each licensee.

 DFI will receive, investigate, and resolve complaints.

 DFI will have enforcement authority.




Predatory loans                                                                                                102-Department of Financial Institutions
Form FN (Rev 1/00) 192,348.00                                                                                                    Request # 24-015-1
FNS063 Individual State Agency Fiscal Note                                2                                                            Bill # 6025 SB
 The costs of conducting these activities are represented by the FTE estimates below:
 Program FTEs in FY25:
 FTE         Position                          Functional Area
 0.1         Management Analyst 5              Licensing
 0.2         Management Analyst 3              Licensing
 1.0         Management Analyst 3              Exams
 0.5         Financial Examiner 3              Exams
 0.5         Financial Examiner Supv.          Exams
 0.2         Program Specialist 2              Enforcement
 0.3         Fin. Legal Examiner 3             Enforcement
 0.2         Fin. Legal Examiner Supv.         Enforcement
 3.0 Total Program FTEs

 Program FTEs in FY26 and beyond:
 FTE         Position                          Functional Area
 1.0         Management Analyst 3              Exams
 2.0         Financial Examiner 3              Exams
 0.5          Financial Examiner Supv.         Exams
 0.2         Program Specialist 2              Enforcement
 0.2         Fin. Legal Examiner 3             Enforcement
 0.1         Fin. Legal Examiner Supv.         Enforcement
 4.0 Total Program FTEs

 Administrative overhead is calculated at 15% of program FTEs using a Program Specialist 4 as a representative position,
 which comes to $44,076 in FY25 and $62,856 FY26 and beyond.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type            FY 2024                FY 2025              2023-25               2025-27             2027-29
 300-6      Financial Services Non-Appr                    0              428,281             428,281              1,220,258           1,220,258
            Regulation Account opriated
                                Total $                    0                 428,281             428,281              1,220,258         1,220,258

III. B - Expenditures by Object Or Purpose
                                             FY 2024               FY 2025             2023-25              2025-27           2027-29
  FTE Staff Years                                                            3.5                 1.8                  4.6               4.6
  A-Salaries and Wages                                                 281,900             281,900               759,330           759,330
  B-Employee Benefits                                                   90,048              90,048               264,022           264,022
  C-Professional Service Contracts
  E-Goods and Other Services                                            31,033              31,033                83,506            83,506
  G-Travel                                                              13,300              13,300               101,400           101,400
  J-Capital Outlays                                                     12,000              12,000                12,000            12,000
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $                0               428,281             428,281             1,220,258          1,220,258




Predatory loans                                                                                        102-Department of Financial Institutions
Form FN (Rev 1/00) 192,348.00                                                                                            Request # 24-015-1
FNS063 Individual State Agency Fiscal Note                     3                                                               Bill # 6025 SB
 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
          Part I and Part IIIA

  Job Classification                                Salary           FY 2024           FY 2025          2023-25           2025-27         2027-29
  Financial Examiner 3                                    95,606                                0.5                 0.3             2.0             2.0
  Financial Examiner Supervisor                          122,232                                0.5                 0.3             0.5             0.5
  Financial Legal Examiner 3                              91,068                                0.3                 0.2             0.2             0.2
  Financial Legal Examiner Supervisor                    122,232                                0.2                 0.1             0.1             0.1
  Management Analyst 3                                    64,445                                1.2                 0.6             1.0             1.0
  Management Analyst 5                                    82,515                                0.1                 0.1
  Program Specialist 2                                    47,994                                0.2                 0.1             0.2             0.2
  Program Specialist 4                                    67,720                                0.5                 0.3             0.6             0.6
                        Total FTEs                                                              3.5                 1.8             4.6             4.6



III. D - Expenditures By Program (optional)
 NONE


 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
       NONE

 IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.


      NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Section 3 - The proposed legislation grants the Department the authority to adopt rules as necessary to implement the
provisions of the act. Rulemaking costs will be absorbed.




Predatory loans                                                                                               102-Department of Financial Institutions
Form FN (Rev 1/00) 192,348.00                                                                                                   Request # 24-015-1
FNS063 Individual State Agency Fiscal Note                               4                                                            Bill # 6025 SB


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