Student loans; licensing of qualified education loan servicers, report, civil penalties.
Summary
Prohibits any person from acting as a qualified education loan servicer without first obtaining a license from the State Corporation Commission and establishes procedures pertaining to such licenses. Banks and credit unions are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying qualified education loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of July 1, 2018.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2017
Committee Review
Floor Vote
Governor
Introduced Jan 6, 2017
Last action Feb 8, 2017
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
12
Key actions
2
Committee
6
Feb 8, 2017
Committee
Referred to Committee on Commerce and Labor
legislature
Feb 3, 2017
Legislature · Passed
Engrossed by Senate - committee substitute SB1053S1
legislature
Feb 3, 2017
Legislature · Passed
Committee substitute agreed to 17105060D-S1
legislature
Jan 26, 2017
Committee
Rereferred to Finance
legislature
Jan 23, 2017
Committee
Assigned Education sub: Higher Education
legislature
Jan 6, 2017
Committee
Referred to Committee on Education and Health
legislature
Jan 6, 2017
Introduced
Prefiled and ordered printed; offered 01/11/17 17101765D
legislature
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
JH
Janet Howell
DDemocratic
Co
Adam Ebbin
DDemocratic
Co
JL
Jennifer L McClellan
DDemocratic
Co
MM
Monty Mason
DDemocratic
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