COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1955-03

Bill No.: Truly Agreed and Finally Passed HCS for SB 538

Subject: Banks & Financial Institutions; Bonds-Surety; Department of Economic Development; Licenses-Professional; Mortgages & Deeds; Savings & Loan

Type: Original

Date: May 14, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None $0 $0 $0
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None $0 $0 $0
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials with the Department of Economic Development-Division of Finance (DOF) assume the proposal corrects technical errors, eliminates surplusage, and makes clarifications. Additionally, the proposal allows brokers to file a bond in lieu of providing a certified audit. DOF assumes it may need an Examiner (1 FTE at $40,000 per year) and a part-time Secretary (0.5 FTE at $21,000 per year) to carry out the examination duties added under the act. Total costs of $67,617 in FY 2002; $78,847 in FY 2003; and $80,857 in FY 2004 would be offset by the Division's ability to set licensing fees as needed.



Oversight notes that this version of the bill does not place additional duties on the Division for the examination of mortgage brokers, and therefore assumes no impact to DOF. Responses to previous similar legislation from DOF also indicated there would be no fiscal impact to the Division.



Officials with the Department of Economic Development-Division of Credit Unions, the Department of Insurance, and the Office of the Secretary of State assume the proposal will have no fiscal impact on their agencies.





FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004
$0 $0 $0





FISCAL IMPACT - Local Government FY 2002

(10 Mo.)

FY 2003 FY 2004
$0 $0 $0





FISCAL IMPACT - Small Business



This proposal would allow mortgage brokers to substitute a surety bond for the required annual audit. It is possible that some brokers will be able to obtain the bond at a lower cost than the audit. Also, some CPA firms currently providing the required audit services for brokers may be classified as small businesses, and may be adversely affected by the proposal.

DESCRIPTION



This act allows licensed residential mortgage brokers the option of providing a $100,000 surety bond or $100,000 irrevocable letter of credit instead of an annual audit to the Director of the Division of Finance.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.





SOURCES OF INFORMATION



Department of Economic Development

Division of Finance

Division of Credit Unions

Department of Insurance

Office of the Secretary of State









Jeanne Jarrett, CPA

Director



May 14, 2001