Presentation on theme: "MCUL – Key State Issues Blight Penalties: Senate Bills 35-39 would create additional criminal and civil penalties for accumulated blight tickets issued."— Presentation transcript:
MCUL – Key State Issues Blight Penalties: Senate Bills would create additional criminal and civil penalties for accumulated blight tickets issued by qualified municipalities. At MCULs urging, the Senate Judiciary Committee has exempted financial institutions and GSEs from the new penalties. With the carve out, credit unions and their officials will be protected from unnecessary civil sanctions and criminal liability related to blight they did not cause and are trying to correct. The bills have been signed into law by the Governor. Inspection of Foreclosed Homes: Following passage of the timed repeal of the state 90-day workout law and implementation of a new right to inspect homes that are purchased at foreclosure sales during the redemption period, HB 5527 was introduced to: place common-sense parameters on inspections to protect borrowers and institutions and better define damage; fix provisions on the right to cure damage; narrow the universe of parties allowed to redeem; and provide legal presumptions to reinforce accountability for borrowers that abandon property in redemption. The bill has passed both chambers and awaits concurrence in the House. Card Skimming: House Bills harmonize existing criminal sanctions for card skimming into one felony provision, tweak jurisdictional statutes to ease prosecution for skimming offenses, and to criminalize the sale or possession of skimming devices. Credit unions lose tens of thousands annually to skimming, impacting members and the share insurance fund. The bills have been signed into law by the Governor. Uniform Commercial Code (UCC) Article 9 Penalties: Senate Bill 551 reforms the penalties for non-compliance with Article 9s provisions, which deal with secured transactions – for certain consumer goods transactions, existing penalties can be extremely high, with no rational tie to the underlying problem, and have given rise to potential class actions in other states. Senate Bill 551 would place more common sense parameters on statutory penalties, allow deficiencies to offset the penalties, and clarify errant case law on allowing pursuit of deficiency when an error has been made. The bill has been signed into law by the Governor.
MCUL – Key State Issues Recording Process / Certified Copies in Lieu of Lost Documents: House Bills have been introduced to rectify a U.S. Bankruptcy Court decision that disallowed the practice of using a copy of a lost document certified by an affidavit to satisfy recording requirements and preserve chain of title on properties. Passage of the legislation will also shore up any lingering questions on the veracity of electronic signatures for electronically recorded documents. The bills have passed the House and await a hearing in the Senate Banking & Financial Institutions Committee. Homestead Exemption (PRE) on Foreclosed Properties: House Bills 4135 and Senate Bills 532 have been introduced to allow financial institutions to realize the benefits of the PRE on foreclosed properties for up to three years. Current law allows institutions to file and claim the exemption, but they still must pay the higher-rate, non-PRE tax through a different route. Passage of the legislation would provide relief from the additional 18 mills of non-PRE tax, on properties where credit unions already have to pay back taxes, repair costs, and carrying costs until the home is re-sold. SB 532 has been reported by the Senate Finance Committee, and HB 4135 has passed the House. The Senate Finance Committee will take up HB 4135 in early May. Campaign Finance Reporting Relief Threshold: For over a decade, MCUL state PAC fundraising has been hampered by MCFA requirements for specific donor information reporting for any donation, no matter how small. Senate Bill 661 has been amended to provide absolute clarity that MCULAF may solicit from credit union members, and to provide relief from reporting formats for required information on small donations, which may enable more aggressive grassroots fundraising. The bill has been signed into law by the Governor.
MCUL – Key State Issues Electronic Vehicle Titling and Lien Release: The Secretary of State will initiate legislation shortly to centralize and make electronic Michigans system for title-holding for vehicles (cars, boats, manufactured, etc.) and for lien checking and release. The measure should help significantly with regard to fraud prevention and detection rooted in the current paper-based system where owners hold the actual title document on lien-encumbered collateral. The bills will be introduced in May. Squatting: House Bills have been introduced to provide relief to landlords executing self-help eviction from liability where the targets are squatters, make squatting a felony, and amend the criminal matrix to account for penalties. Squatting is a serious blight-related problem, and the legislation provides a start for discussions on how to curb the issue. The bills have passed the House, and have been reported by the Senate Judiciary Committee. Scrap Metal Reforms: House Bills 4593 and 4595 would create tougher standards for the scrap metal industry with regard to purchase and payment on scrap material, to help curtail a serious and growing issue with metal theft. The bills have been signed into law by the Governor. In addition to the specific items mentioned above, MCUL will also be working on several miscellaneous defensive measures, including restrictions on ATM benefits dispensed through bridge cards by machines located at liquor stores or adult entertainment establishments (enacted); heightened requirements for notaries engaged in real property transactions; various reforms to Michigans Uniform Commercial Code Articles 3, 4, and 4a (enacted); anti-patent trolling legislation; accountability for retailers in a data breach situation; CUSO mortgage origination clarifications; and joint account disclosures.
MCUL – Key Federal Issues Tax Reform: In 2013, the House Ways and Means Committee and Senate Finance Committee began the process of considering comprehensive tax reform, using a blank sheet of paper approach. MCUL and CUNA have actively engaged with the Dont Tax My Credit Union campaign and through intensive efforts with individual lawmakers. The discussion draft released in February holds credit unions harmless, but efforts continue to ensure that remains the case throughout the process. Through social media and electronic communication, 31,000 Michigan contacts 1.2 million national contacts have been made to Congress, and Michigans entire delegation has indicated support for the exemption. GSE Reform: The House Financial Services Committee has reported the PATH Act, H.R. 2767, to the full House, and the Senate Banking Committee has under consideration the Housing Finance Reform and Taxpayer Protection Act of 2013, S (Corker-Warner), to reform the secondary market and wind up Fannie and Freddie. As introduced, the PATH Act does not ensure access to a secondary market and does not provide any government-backed guarantee for a 30-year fixed loan product or other critical products. Corker-Warner does, making it the preferred vehicle. Recently, Senate Committee leadership released the Johnson-Crapo plan to work within the framework of Corker-Warner. While it does require some adjustment, it does contain the two critical elements credit unions have pushed for. Regulatory Relief: Several targeted measures have been introduced on various points of relief, including: the CLEAR Relief Act, H.R and S. 1349; the Consumer Mortgage Choice Act, H.R. 1077/ S. 949 / H.R. 3211; and the Regulatory Relief for Credit Unions Act of 2013, H.R CUNA is expected to spearhead a comprehensive bill based on their 35-point plan for regulatory relief later this year; MCUL provided direct input to CUNA on items of direct importance to be included in any comprehensive measure. Measures to eliminate duplicative annual privacy notices, H.R. 749 and S. 635, and examination fairness, H.R.1553 and S. 727, have also been re-introduced this session. H.R. 749 on privacy notices has passed the full House, and its provisions are included in several of the other targeted regulatory relief measures. Finally, the House Financial Services Committee has taken testimony on a large package of bills that would reform the CFPBs structure and procedures, and action on several within that package.
MCUL – Key Federal Issues Charter Enhancements: MCUL and CUNA continue to work on measures to raise the member business lending cap from 12.25% of total assets to 27.5%, H.R. 688 and S. 968, as well as on allowing the NCUA to approve one or more forms of supplemental capital, H.R The MCUL also continues to push CUNA to develop recommendations to improve the federal Credit Union Act as well as related regulations and bylaws, to modernize them and help to keep the federal charter competitive with the Michigan state charter. Recently, H.R was introduced to create parity in treatment between loans made by credit unions and banks to fund apartment buildings (bank loans are classified as residential, while credit unions are considered business and subject to the federal cap). Prize Linked Savings: S and companion House legislation have been introduced to provide parity among financial institutions to offer prize-linked savings programs. The legislation has been introduced and referred to the U.S. Senate Committee on Banking and House Committee on Financial Services. MCUL will continue to work with CUNA and our congressional delegation on comprehensive regulatory relief, identifying needed and desirable updates to the FCUA and related regulations, and issues related to the SAFE Act and over-burdensome NMLS registration requirements. In particular, MCUL will focus on indexing and increasing applicability thresholds under Dodd-Frank, and extending them to all regulations under the Act, as opposed to just direct examination.