2001 REGULAR SESSION (71st)                                                                       A AB324 R1 877

Amendment No. 877

 

Assembly Amendment to Assembly Bill No. 324  First Reprint                                            (BDR 54‑491)

Proposed by: Committee on Ways and Means

Amendment Box:

Resolves Conflicts with:

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of AB324 R1 (§ 28).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 28, page 11, line 3, by deleting “A” and inserting:

[A] Except as otherwise provided in this section, a”.

     Amend sec. 28, page 11, line 23, by deleting “A” and inserting:

[A] Except as otherwise provided in this section, a”.

     Amend sec. 28, page 11, line 24, by deleting “A” and inserting:

[A] Except as otherwise provided in this section, a”.

     Amend sec. 28, page 11, line 36, by deleting “A” and inserting:

[A] Except as otherwise provided in this section, a”.

     Amend sec. 28, page 11, between lines 45 and 46, by inserting:

     “9.  The commission may, by regulation, increase any fee set forth in this section if the commission determines that the increase in fees is necessary for the commission to carry out its duties prescribed by this chapter. The amount of an increase in fees pursuant to this subsection must not exceed the amount determined to be necessary for the commission to carry out its prescribed duties.”.

     Amend the bill as a whole by adding new sections designated sections 96.3, 96.5 and 96.7, following sec. 96, to read as follows:

     “Sec. 96.3. Not later than November 1, 2001, the director of the department of business and industry shall:

     1.  Identify in the budget of the division of financial institutions of the department the revenues and expenditures attributable to the regulation and licensing of mortgage brokers and mortgage agents; and

     2.  Submit, to the governor and interim finance committee for approval, revised budgets for the division of financial institutions and the mortgage industry commission, in which the identified revenues and expenditures have been appropriately transferred from the budget of the division to the budget of the commission.

     Sec. 96.5. 1.  Before the date on which the director of the department of business and industry certifies to the governor that the mortgage industry commission and its executive director are prepared to carry out the provisions of this act, or January 1, 2002, whichever occurs first, the state treasurer shall place any money deposited in the state general fund relating to the regulation and licensing of mortgage brokers and mortgage agents into the account for use by the division of financial institutions of the department for the regulation and licensing of mortgage brokers and mortgage agents.

     2.  On and after the date on which the director of the department of business and industry certifies to the governor that the mortgage industry commission and its executive director are prepared to carry out the provisions of this act, or January 1, 2002, as appropriate, the state treasurer shall place any money deposited in the state general fund relating to the regulation and licensing of mortgage brokers and mortgage agents into the account for use by the commission.

     3.  The director of the department of business and industry shall identify for the state treasurer that portion of the money being deposited in the state general fund which relates to the regulation and licensing of mortgage brokers and agents.

     Sec. 96.7. The division of financial institutions of the department of business and industry and the mortgage industry commission shall enter into an interagency agreement to facilitate the transfer of the responsibility for the collection of the fees relating to the regulation and licensing of mortgage brokers and mortgage agents, and of all related fees with respect to which responsibility for the collection has been transferred from the division to the commission pursuant to this act. The agreement must include, without limitation, provisions which address:

     1.  The exchange of books and records between the division and the commission, as necessary; and

     2.  The allocation of costs between the division and the commission for services performed interdepartmentally.”.

     Amend the title of the bill, fifth line, after “director” by inserting:

“authorizing the mortgage industry commission to increase fees by regulation in certain circumstances;”.