2016 legislative update: Payday lending reform gains momentum as second bill clears committee in Alabama Legislature

Payday lending reform continued to pick up steam Wednesday as an Alabama House committee approved a proposal to reduce interest rates and limit the amount that payday borrowers can borrow each year. HB 297, sponsored by Rep. Danny Garrett, R-Trussville, now moves to the House.

The House Financial Services Committee weakened Garrett’s bill by adopting an amendment offered by Rep. Reed Ingram, R-Montgomery. Still, HB 297 may remain the best hope for payday lending reform in the House this year. (AL.com has more details on Wednesday’s committee debate on HB 297.)

HB 297, as amended, would cap annual interest rates on payday loans at 180 percent in Alabama. Current state law allows interest rates of up to 456 percent a year. Arise testified on Garrett’s original bill last week.

Garrett’s bill originally proposed lowering payday loan fees to $12.50 per $100 borrowed, a reduction from the $17.50 now permitted in Alabama. But Ingram’s amendment would set the fee at $15. Garrett’s bill also would have limited borrowers to six loans per year, or $2,500. The amendment would eliminate the limit on the number of loans per year, and raise the cap on annual borrowing to $4,000.

Those changes allowed the bill to earn the endorsement of state Banking Superintendent John Harrison, who spoke to the committee at length. Harrison’s support could prove important as the bill now awaits debate on the House floor.

“When you don’t have anybody happy, then you’re getting pretty close to getting something that is workable and that will absolutely protect those consumers, and that’s what we want to do,” Harrison told lawmakers.

The committee approved Ingram’s amendment after rejecting an amendment offered by Rep. Oliver Robinson, D-Birmingham. That amendment would have converted payday loans into longer-term debt instruments. Robinson’s amendment was supported by Reps. Marcel Black, D-Tuscumbia; Mike Hill, R-Columbiana; and Thad McClammy, D-Montgomery.

Advocates were thankful to Rep. Merika Coleman-Evans, D-Birmingham, for calling for a roll call vote on each of the recorded votes on HB 297.

Senate expected to consider payday lending reform again next week

Payday loan reform is likely to be a topic again in the Alabama Senate once again next week. SB 91, sponsored by Sen. Arthur Orr, R-Decatur, is expected to return to the Senate floor for debate. The bill cleared an important procedural hurdle last week, but the Senate delayed further debate on it.

SB 91 would reduce interest rates on payday loans and mirror many of Colorado’s 2010 reforms. Orr’s bill, which Arise supports, also would give borrowers at least six months to repay their payday loans, increasing affordability and reducing default risk. In addition, SB 91 would allow payday borrowers to pay down the principal in installments instead of the all-or-nothing, lump-sum payment now required.

By Stephen Stetson, policy analyst. Posted March 16, 2016.

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