2019 Regular Session: Week 7 Recap

Next week could be a busy one in the State House for the Alabama Bankers Association, as three bills ABA is tracking could start moving as early as Tuesday afternoon:

  • House Bill 419, the Financial Institution Excise Tax Reform Act, is on the House Special Order Calendar for next Tuesday. Sponsored by Rep. Kyle South (R-Fayette), the bill is the twelfth on the 17-bill daily agenda for the House floor.  In short, the bill makes technical, revenue-neutral changes to the statutes governing the FIET, many of which have remained unchanged since being enacted in the 1930s.  Every facet of the tax – computation, filing, collection, and distribution – will be made simpler thanks to the clarity provided in this legislation.  Working with the Department of Revenue and the League of Southeastern Credit Unions, a floor amendment is expected to be added to the bill that would freeze how FIET funds are distributed to municipalities and provide additional clarity to FIET taxes paid by credit unions.  If the bill passes the House on Tuesday, it would go to the Senate.
  • House Bill 304 would allow certified real estate appraisers to perform real estate evaluations whenever evaluations are permitted by federal law. Current state law provides that certified real estate appraisers can only perform appraisals, eliminating them from being able to perform evaluations.  This legislation, which is sponsored by Rep. Merika Coleman (D-Birmingham), has already passed the House.  On Tuesday, it will be on the agenda of the Senate Banking and Insurance Committee.  If the bill is favorably reported by the committee, it could be on the Senate floor as early as Thursday.
  • House Bill 420 would allow financial institutions and the Department of Revenue to voluntarily enter into agreements to share data in order to minimize the number of garnishment notices financial institutions receive from the department for non-customers of the institution. Similar to House Bill 304, this bill has already passed the House, will be the agenda for the Senate Banking and Insurance Committee’s Tuesday meeting, and could be on the Senate floor as early as Thursday.

Though the Legislature must end the session by June 17, many State House observers believe that representatives and senators will end the session in time for the Memorial Day holiday.  If that’s accurate, then there are likely only three weeks of the session remaining, meaning time is of the essence.  Hopefully, next week’s issue of Capitol Notes will report good news on these three pieces of legislation, and maybe more!

As always, Capitol Notes provides readers with a brief summary of legislation that might impact Alabama’s banking industry.  Those summaries are as follows:

House Bill 101 by Rep. Kerry Rich (R-Albertville) and Senate Bill 54 by Sen. Shay Shelnutt (R-Trussville) adopts the National Association of Insurance Commissioners’ Insurance Data Security Law.  Federal data security regulations already apply to financial institutions, including to those institutions’ insurance-related subsidiaries.  To ensure that this legislation did not also apply to those entities, the association, working with the American Bankers Association, drafted an amendment exempting financial institutions from the provisions of this bill.  The amendment was unanimously adopted in both the House and Senate versions of the bill.  Senate Bill 54 was signed into law on April 25.  The association’s amendment, which was added in Senate committee, was included in the final version of the bill.

House Bill 133 by Rep. Jim Hill (R-Pell City) would require state taxes or fees not already distributed to the Education Trust Fund or State General Fund to be deposited in the State General Fund unless those taxes or fees are constitutionally required to be distributed to a specific fund for a specific purpose.  As introduced, this bill would likely divert assessment fees paid by state-chartered banks away from the State Banking Department and into the State General Fund, since assessment fees are not required by the constitution to be distributed to the State Banking Department.  The association has historically opposed efforts to divert bank assessment fees away from the State Banking Department.  Several other agencies are similarly impacted, and the association is working with them, as well as with the State Banking Department, to amend the legislation.  There has been no activity on this bill for some time.  The association will continue to monitor this legislation.

House Bill 139 by Rep. K.L. Brown (R-Jacksonville) would require a lender that holds all or part of a payment for an insurance claim to, upon request by the insured for payment, either issue the payment or provide a detailed notice of why the payment is being withheld and the steps the insured needs to take for the payment to be released.  As currently written, the lender would have 10 days to provide information to the insured or risk paying 20 percent interest on any insurance proceeds held by the lender.  This legislation is allegedly in response to issues that arose in the aftermath of the tornadoes that impacted Jacksonville and the surrounding areas last May.  The association is in discussions with the sponsor and other interest groups, such as the Homebuilders Association of Alabama, about the legislation and hopes a compromise can be reached, especially with respect to the timelines and interest rate.  The association, working with the Homebuilders Association of Alabama, amended this bill to increase the notice period to 14 days, decrease the interest rate to 10 percent, and clarify that financial institutions retain all rights under current law and under agreements with homeowners, including the right to retain insurance proceeds when distributing them is economically unfeasible.  The bill unanimously passed the House and will be on the Senate Banking and Insurance Committee agenda for next Tuesday.

House Bill 140 and House Bill 420 by Rep. Kyle South (R-Fayette) would allow banks and the Department of Revenue to voluntarily enter into an agreement to share certain identification information for bank customers who have been determined by the department to be delinquent taxpayers.  Under current law, over half of all garnishment notices sent to banks are returned because the subject of the notice is not a bank customer.  In theory, a data match agreement between a bank and the department would eliminate these “useless” notices.  So far, the department has been extremely accommodating in helping the association work out the industry’s causes for concern.  Discussions with the department resulted in the introduction of a second bill, House Bill 420.  The “new” bill makes clear that the data match agreements are voluntary, allows the department and an institution to include in an agreement the amount of money the department will pay to reimburse the institution for conducting a data match, and removes language that would otherwise have constricted how an institution used information that a customer was potentially subject to a future garnishment. The two bills are in separate committees, but this new, agreed-upon language will be included in any legislation that moves forward.  The bill unanimously passed the House and will be on the Senate Banking and Insurance Committee agenda for next Tuesday.

House Bill 162 by Rep. Chris Blackshear (R-Phenix City) and Senate Bill 127 by Sen. Shay Shelnutt (R-Trussville) is the Future Advance Mortgage Protection Act.  As introduced, the bill would make clear that future advance mortgages are created upon their execution and not, as the state Supreme Court has ruled, when funds are actually advanced.  Discussions with the Homebuilders Association of Alabama resulted in additional language being added to the bill to provide clarity on the subject of lien priority for obligatory or optional future advances.  A committee substitute to these bills was adopted in the House and Senate last week.  Conventional wisdom would hold that the Supreme Court’s ruling from March 29 leaves banks in a better position than these pieces of legislation, meaning these bills will likely not advance any further.

House Bill 304 by Rep. Merika Coleman (D-Birmingham) and Senate Bill 181 by Sen. Shay Shelnutt (R-Trussville) makes clear that certified real estate appraisers can perform a valuation for certain financial transactions involving real estate.  While federal law allows valuations to be performed by anyone in certain situations, current state law provides that real estate appraisers can only perform appraisals, effectively eliminating professional real estate evaluators from the current valuations market.  Coincidentally, the national Appraisers Standards Board updated the Uniform Standards of Professional Appraisal Practice on Friday, April 5, to allow appraisers to perform evaluations beginning January 1, 2020.  The bill unanimously passed the House and will be on the Senate Banking and Insurance Committee agenda for next Tuesday.

House Bill 419 by Rep. Kyle South (R-Fayette), the Financial Institution Excise Tax Reform Act, makes numerous technical changes to the Financial Institution Excise Tax statutes, many of which remain substantially unchanged since being enacted in 1935.  The 33-page bill essentially does the following five things: (1) uses the federal definition of “taxable income” as the base calculation for the FIET; (2) repairs constitutional defects related to deductions allowed for subsidiary entities; (3) reduces administrative burdens on financial institutions filing consolidated returns; (4) changes the tax distribution formula from location-based to population-based; and (5) mirrors FIET and federal income tax filing dates and payment schedules.  The House will consider this bill on Tuesday, May 7.  A floor amendment will be added to the bill that deals with credit union taxation and revenue distribution to municipalities.

House Bill 420 by Rep. Kyle South (R-Fayette) and Senate Bill 357 by Sen. Rodger Smitherman (D-Birmingham) allows financial institutions and the Department of Revenue to voluntarily enter into financial institution data match agreements.  Under the agreements, the department will be able to limit the number of garnishment notices it sends to banks, essentially eliminating the bank’s receipt of a garnishment notice for a non-customer.  The House bill passed the House recently and will be considered next Tuesday by the Senate Banking and Insurance Committee.

House Bill 424 by Rep. Joe Lovvorn (R-Auburn), the Alabama Innovation Act, provides a tax credit for research conducted in Alabama.  Modeled after the federal research and development tax credit, the tax credit is available to Alabama businesses for qualified research expenses incurred by Alabama companies that spend funds and resources in-house or pay Alabama research companies to conduct qualified research for new or improved products or services.  The combined amount of credits cannot exceed $25 million, or $2 million per taxpayer, in a single year.  Credits can be issued against the state income tax or the Financial Institution Excise Tax.  Approved research activities involve a variety of research and development avenues, including research types approved by the Alabama Department of Commerce.  Note that any credits to offset FIET liability will be limited to the state portion of the tax only.  The House Ways and Means Education Committee amended and favorably reported the bill on May 2.  It is now in position to be considered by the full House.

House Bill 487 by Rep. Neal Rafferty (D-Birmingham) and Senate Bill 189 by Sen. Linda Coleman-Madison (D-Birmingham) increases the mortgage recording fee by 33%, from $150 to $200 on every $100,000 of indebtedness.  The legislation also changes how the fee revenue would be distributed by providing that a portion of the revenue would be allocated to the Housing Trust Fund, which the Legislature established (but never funded) in 2012 for the purpose of distributing housing grants throughout the state.  The Alabama Association of Realtors, the Homebuilders Association of Alabama, and the Mortgage Bankers Association of Alabama, as well as this Association, stand in opposition to this legislation and will continue to work against its passage.

House Bill 550 by Rep. Debbie Wood (R-Valley) and Senate Bill 343 by Sen. Tom Whatley (R-Auburn) makes several changes to laws related to the rights and remedies of a purchaser of real estate at a tax sale.  Though this issue was studied by several groups over the last year, including the Alabama Law Institute, it appears that these bills are not a product of those groups’ work.  The association will study this legislation and determine its impact on the banking industry.  Both bills are scheduled to be in committee next week.

Senate Bill 106 by Sen. Andrew Jones (R-Centre) would allow a member of any branch of the Armed Forces of the United States to contract with a financial institution to obtain a loan or open a checking or savings account.  Generally speaking, current state law prohibits anyone under the age of 19 from entering into a contract, including a contract with a financial institution.  A person may join the Armed Forces at age 17 with parental consent, or at age 18 or older without parental consent.  This bill was amended on the Senate floor to, one, make clear that once a person signs a contract pursuant to this new law, that contract remains valid even if the person subsequently leaves the Armed Services, and two, to permit a financial institution to require a person signing a contract pursuant to this new law to present in person a valid form of military identification.  The bill passed the Senate on April 18 and was referred to the House Financial Services Committee, which will consider the bill next week.

As of the end of the 15th legislative day, legislators have introduced 943 bills – 566 in the House and 377 in the Senate – and 254 resolutions.  So far, 32 of these measures have been enacted into law.  The 2019 Regular Session can last for no more than thirty legislative days and must end on or before June 17.

The Legislature will reconvene for its sixteenth legislative day on Tuesday, May 7.

Questions or comments? Contact Jason Isbell, ABA’s VP of Legal and Governmental Affairs, at jisbell@alabamabankers.com.