S-3205.1  _______________________________________________

                         SENATE BILL 6338

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Keiser, Winsley, Gardner and Kohl‑Welles

Read first time 01/16/2002.  Referred to Committee on Labor, Commerce & Financial Institutions.

Modifying the consumer loan act.

    AN ACT Relating to the consumer loan act; and amending RCW 31.04.102.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 31.04.102 and 2001 c 81 s 9 are each amended to read as follows:

    ((Within three business days following receipt of a loan application, a)) (1) For all loans made by a licensee that are not secured by a lien on real property, the licensee must make disclosures in compliance with the truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Sec. 226, and all other applicable federal laws and regulations.

(2) For all loans made by a licensee that are secured by a lien on real property, the licensee shall provide to each borrower within three business days following receipt of a loan application a written disclosure containing an itemized estimation and explanation of all fees and costs that the borrower is required to pay in connection with obtaining a loan from the licensee.  A good faith estimate of a fee or cost shall be provided if the exact amount of the fee or cost is not available when the disclosure is provided.  Disclosure in a form which complies with the requirements of the truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Sec. 226, the real estate settlement procedures act and regulation X, 24 C.F.R. Sec. 3500, and all other applicable federal laws and regulations, as now or hereafter amended, shall be deemed to constitute compliance with ((the)) this disclosure requirement((s of this section when it is provided to the borrower within three days of receipt of a loan application)).  Each licensee shall comply with all other applicable federal and state laws and regulations.

(3) In addition, for all loans made by the licensee that are secured by a lien on real property, the licensee must provide to the borrower an estimate of the annual percentage rate on the loan and a disclosure of whether or not the loan contains a prepayment penalty within three days of receipt of a loan application.  The annual percentage rate must be calculated in compliance with the truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Sec. 226.  If a licensee provides the borrower with a disclosure in compliance with the requirements of the truth in lending act within three business days of receipt of a loan application, then the licensee has complied with this subsection.  If the director determines that the federal government has required a disclosure that substantially meets the objectives of this subsection, then the director may make a determination by rule that compliance with this federal disclosure requirement constitutes compliance with this subsection.

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