SB 225 (BR 1693) - S. West, R. Girdler, J. Schickel

     AN ACT relating to financial transactions.
     Establish Subtitle 12 of KRS Chapter 286 and create new sections of that subtitle relating to credit; define terms; require a license to make credit access loans; require locations to be physically located in Kentucky with at least one full-time employee; establish qualifications of an applicant for a license to offer credit access loans; require the commissioner of the Department of Financial Institutions to periodically review a licensee's compliance with licensure qualifications; establish form requirements for an application to offer credit access loans and a $500 filing fee; provide commissioner with discretion to establish a nonrefundable supervision fee in lieu of other fees; require that licensees maintain an agent in Kentucky for service of process and notify the commissioner in writing at least five days prior to any change in the status of an agent; establish the filing fee for a license and establish requirements for additional materials to accompany the application, including a surety bond or irrevocable letter of credit of $25,000 per location not to exceed $200,000 for a single licensee; allow the commissioner to require background checks at the expense of the applicant; require the commissioner to investigate completed applications for compliance and issue licenses if requirements have been satisfied; require licenses to be conspicuously posted; provide for annual expiration and renewals of licenses upon showing of continued compliance; establish due process procedures for the denial of a license; establish license renewal fee of $500; provide commissioner with discretion to establish a biennial license; prohibit transfer or assignment of a license, and set out requirements for a change of a control of a licensee; require five days' notice to the commissioner of a change in principal place of business, location, or name of a licensee; allow for the collection of certain interest, fees, and charges on a credit access loan and limit the term of each loan to not more than twelve months; limit credit access loan plans to an aggregate principal balance of $1,500, and provide for other specific loan plan terms; allow for the collection of fees after a default by a customer and for returned or dishonored checks; establish requirements for disclosures made by licensees to customers; require licensees to provide customers with a periodic billing statement; establish requirements for recordkeeping by a licensee; prohibit unfair or deceptive acts by a licensee; prohibit customers from having more than one outstanding credit access loan plan and require licensees to inquire about the plan prior to the database becoming fully operational; prohibit licensees from using certain devices or agreements and require licensees to comply with certain state and federal laws; prohibit certain provisions in a credit access loan plan; provide that credit access loan plans made with an unlicensed person are void; exempt credit access loans from certain other statutes; grant authority to commissioner to promulgate administrative regulations; grant examination, investigatory, and subpoena powers to the commissioner and remedies for enforcement; require licensees and other persons to pay reasonable examination and investigation costs; allow for written complaints to be submitted to the commissioner and vest exclusive administrative power to investigate complaint with commissioner; allow commissioner to suspend or revoke a license, issue cease and desist orders, order refunds and civil penalties, censure or bar persons from the business of a licensee, and establish due process procedures; allow commissioner authority to enter into consent orders, seek civil penalties and make criminal referrals, and take enforcement action without opportunity for prior hearing in extraordinary circumstances; require licensees to report certain events within 15 days of occurrence; require the filing of an annual report by a licensee and exempt the reports from disclosure or discovery; require the commissioner to prepare an annual report and analysis reflecting the results of operations of licensees; allow the commissioner to license applicants through a multistate licensing system and extend federal and state privileges to information disclosed to the licensing system; establish a database for credit access loan plans and reporting requirements for licensees; establish requirements for operation and use of database and conduct of third-party providers; establish the information a licensee may access in the database and exempt certain reported information from disclosure or discovery; prohibit local government units from regulating or having authority over the business of making credit access loans; make licenses available to certain persons chartered, organized, or licensed pursuant to KRS Chapter 286 as of January 1, 2018; establish the name of this subtitle as the "Kentucky Credit Access Act"; amend KRS 286.1-011 to specify that the Department of Financial Institutions regulates matters under KRS Chapter 286 and 292.