Bill targeting ‘predatory’ loans gains momentum


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Democratic sensitivities William Soules of Las Cruces and Katy Duhigg of Albuquerque are in favor of a bill that will reduce the maximum the interest rate for loans with a small amount to 36%, down from the current 175%. (Albuquerque Journal/

Eddie Moore)

Copyright (c) 2022 AlbuquerqueJournal


SantaFe The legislation that will significantly lower the interestrate cap on retail lenders is likely to move swiftly across the Senate after it won broad support from both sides in a House vote as per reports. The bill’s supporters are revolutionary, and it is more likely than ever to being passed.

In an effort to cut down on what many refer to as “predatory” loans the plan would reduce the annual limit on the interest rate on small loans to 36percent, bringing it to a level with what the law in the United States allows military personnel in activeservice. . The state is now allowing the interest rate to be 175% per year.

A similar proposal to reduce the cap was voted down last year in the midst of a disagreement in lawmakers in the Senate about how to set the rate at which it is maximum.

However, it was theHouse and not theSenate who resisted the possibility of approving rates of as low as 36percent for Senate and House all small loans during the 2021 discussion.

In a turn this year, theHouse was able to vote Monday night 51to18 to limit an interest rate of 36 percent. The legislation, HouseBill 132, was amended to permit the payment of a 5% one-time fee, like an originationfee for loans that are less than $500.

Democratic sensibilities William Soules of Las Cruces and Katy Duhigg of Albuquerque who have been longtime supporters of the bill -have said that they are in favor of the revised version of the bill.

“I believe that the legislation that has passed theHouse has the rightbalance to ensure that we stop the lending that is predatory to NewMexico without access restriction to the money that many residents of our state depend on.  Duhigg said. The newspaper.

The interviewer Soules explained that his legislation is similar to the one which was passed by his chamber lastyear, thereby increasing the chances that it will eventually get through the governor’s offices next year.

“It aids NewMexicans and keeps cash in the communities,” Soules said.

He also said: “It is more advanced than we have ever done before.”

Long debate

The Housevote took place about 11:30p.m. Monday, following an hour-long debate about the industry of store lending.

8th Republicans has joined with nearly all Democrats in supporting the bill, as well as the backing of Rep. PhelpsAnderson, a Roswell co-sponsor and independent for the bill. 2 Democrats has voted “no”.

The bipartisan backing was a result of Rep.Micaela LaraCadena, D-Mesilla, has won the approval of amending the bill to permit an additional charge of 5% for loans of less than $500 and to mandate reporting requirements for co-ops that offer credit when they provide loans of a small amount comparable to those offered. Showcase lenders.

Rep. SusanHerrera, the EmbudoDemocrat who presented the bill in members of the House the previous Monday stated that the legislation would aid NewMexicans who are being exploited by corporations from outside the state.

“These stories were touching,” she said.

The legislation has been criticized by critics who claimed that it could force businesses in a position to fail, force their employees unemployed and encourage the borrowers to look for non-regulated lenders.

HouseMinority WhipRod Montoya, a Republican from the Farmington who was against the legislation stated that it would cause numerous unintended consequences that could result in people having the need of pawning their home to get cash. silver.

“The way I view it,” Montoyasaid, “is that we aren’t able to put our trust in certain individuals. We believe that other person are not sophisticated enough or inot capable of doing the right decisions for their families.

The supporters are confident that the billwill receive the votes needed prior to the end of session February. 17 and will be placed on the desk of Gov.Michelle LujanGrisham’s desk.

“The major bipartisan vote of the House was a pivotal moment in fight to stop the practice of predatory lending within NewMexico,” Kristina Fisher is director of the non-partisan Think NewMexico, a non-partisan group ThinkNewMexico, said in a statement written by the Think New Mexico group.

The proposal for a 5% fee that was formulated in theHouse “is an acceptable compromise” she added, “and we’ll not vote against it”.

“Following the rules’

Before lawmakers began discussion on the bill onMonday, the bill was at the middle of a procedure battle.

Rep.EliseoAlcon,D-Milan introduced an amendment to refer this bill on for consideration by the Order of Business Committee and Standing Orders which is the body which decides if a bill fits within the guidelines lawmakers can decide to adopt in 30days ofsession.

Thebill, as he explained it that the governor was not authorizing it, and it is amended to reduce the appropriation. This was a change which warranted the return to the committee for a further consideration. Expense and tax bills are automatically approved in 30day sessions.

The bill initially included an amount of 180,000USD in appropriations for the financial literacy, however, the budget was eliminated in a prior committee hearing.

“We are following the rules regardless of whether we agree with it or not.” Alcon says.

After a heated debate on whether or not the bill was appropriate to be put before a an advisory committee Alcon suddenly retracted its proposal to refer the bill to the committee, and no vote was held.

Later on Monday, LujanGrisham has formally authorized the lawmakers to approve the bill.

Attention from the nation

NewMexico has long debated on how to regulate the lending industry.

The previous cap of 36% on interest rates for loans was removed in theLegislature in the ’80s due to the high rate of inflation, as per research conducted by ThinkNewMexico, which was instrumental in urging the cap to be restored at a at a lowerrate.

After several years of the Roundhouse discussion, lawmakers approved an act in 2017 that set the current rate of interest on smaller loans. It also banned payday loans that have durations that are less than 120days.

This Roundhousedebate have attracted the attention of a number of national companies that employ lobbyists for their concerns.

Small loan firms made 140,000USD in donations for political committees and New Mexico candidates during the election cycle, as per the latest report from NewMexico EthicsWatch.


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