Assigned to FIN FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session FACT SHEET FOR H.B. 2054 DIFI; financial enterprises; insurance; compact Purpose Modifies the license renewal deadline for consumer lenders, debt management companies, escrow agents, advance fee loan brokers and sales finance companies. Makes various administrative changes for the Department of Insurance and Financial Institution (DIFI), including eliminating the state's opt-out of all uniform standards involving long-term care insurance products. Background The Department of Insurance and Financial Institutions (DIFI) licenses and authorizes the transaction of insurance business by insurers, producers and other enterprises and regulates state-chartered financial entities, including consumer lenders, debt management companies, escrow agents, advance fee loan brokers and sales finance companies. The Deputy Director of DIFI (Deputy Director) has the authority and responsibility for the discharge of all duties of the Financial Institutions Division (A.R.S. Title 6 and A.R.S. Title 20). A consumer lender, debt management company and advance fee loan broker licensee or registrant must submit a license or registration renewal application and pay the associated renewal fee by June 30 each year. An escrow agent licensee must submit a license renewal application and pay the associated renewal fee by September 30 of each year. A sales finance company licensee must submit a license renewal application and pay the associated renewal fee by the license continuation date prescribed by the initial licensing agency or DIFI. If a consumer lender, debt management company, advance fee loan broker, escrow agent or sales finance company licensee or registrant fails to submit a license or registration renewal application and associated renewal fee within 30 days after the specific renewal deadline, the licensee's license automatically expires (A.R.S §§ 6-604; 6-707; 6-815; 6-1305; and 44-282). In 2014, the Legislature adopted the Interstate Insurance Product Regulation Compact (IIPRC), which includes uniform standards governing asset-based insurance products like annuity, life, disability income and long-term care insurance products through a multi-state commission. Compacting states collaboratively develop uniform standards for the administration of asset-based insurance products to protect consumers equally across the compacting states. When Arizona adopted the IIPRC in 2014, the state opted-out of all uniform standards involving long-term care insurance products (A.R.S § 20-3251; IIPRC). There is no anticipated fiscal impact to the state General Fund associated with this legislation. FACT SHEET H.B. 2054 Page 2 Provisions DIFI Administration 1. Allows, rather than requires, the Director of DIFI to adopt rules necessary to enforce statute relating to: a) money transmission; b) extended warranty insurer deposits with the State Treasurer; c) domestic, foreign and alien insurers' additional free surplus; and d) property and casualty insurance reporting requirements. 2. Eliminates the state's opt out of all uniform standards involving long-term care insurance products. 3. Removes, from the Director of DIFI's annual reporting requirement, the requirement to report on the total number of private passenger automobile insurance policies written by risk retention groups. Consumer Lenders 4. Modifies the consumer lender license year to begin on January 1, rather than July 1, and end on December 31, rather than June 30. 5. Modifies the deadline, from June 30 of each year to December 30 of each year, by which a consumer lender licensee must submit a license renewal application to the Deputy Director and after which an applicant must pay late fees. 6. Prohibits a consumer lender licensee, if the Deputy Director does not receive the licensee's renewal application by December 31, rather than June 30, from acting as a consumer lender. 7. Specifies that a consumer lender license automatically expires if the Deputy Director does not receive the license renewal application and associated fee by January 31, rather than July 31. Debt Management Companies 8. Modifies the expiration date, from June 30 of each year to December 31 of each year, for a debt management company license. 9. Modifies the deadline, from June 30 of each year to December 31 of each year, by which a debt management company licensee must submit a license renewal application. Escrow Agents 10. Modifies the deadline, from September 30 of each year to December 31 of each year, by which an escrow agent licensee must submit a license renewal application and renewal fee payment and after which an applicant must pay late fees. 11. Suspends an escrow agent's license if the Deputy Director does not receive the license renewal application by December 31, rather than September 30. FACT SHEET H.B. 2054 Page 3 12. Specifies that an escrow agent license expires if the licensee does not submit a license renewal application and renewal fee payment by January 31, rather than October 31. Advance Fee Loan Brokers 13. Modifies the deadline, from June 30 of each year to December 31 of each year, by which a registered advance fee loan broker must apply for registration renewal. 14. Suspends an advance fee loan broker's registration if the Deputy Director does not receive the registration renewal application by December 31, rather than September 30. 15. Specifies that an advance fee loan broker registration expires if the registrant does not submit a renewal application and renewal fee payment by January 31, rather than July 31. Sales Finance Companies 16. Modifies the deadline for a sales finance company license renewal application and renewal fee payment to December 31 of each year, rather than the license continuation date prescribed by either the initial licensing department or DIFI. 17. Specifies that current, active sales finance company licensees do not have to renew the license until December 31, 2025. Miscellaneous 18. Applies the modified license renewal application deadlines for consumer lenders, escrow agents, debt management companies, advance fee loan brokers and sales finance companies retroactive to January 1, 2025. 19. Specifies that holders of current, active consumer lender, debt management company, escrow agent or advance fee loan broker licenses that are subject to renewal by June 30, 2025, or September 30, 2025, do not have to renew the license until December 31, 2025. 20. Removes references to the repealed Continuing Education Review Committee. 21. Makes technical and conforming changes. 22. Becomes effective on the general effective date, with retroactive provisions as noted. House Action COM 1/21/25 DP 10-0-0-0 3 rd Read 2/6/25 59-0-1 Prepared by Senate Research February 26, 2025 MG/AL/ci