Consumer lending; replaces references to payday loans with term 'short-term loans.'
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HB 789 — Consumer lending; replaces references to payday loans with term 'short-term loans.'
Last action — Enacted, Chapter 1215 (effective - see bill)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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43 sponsors
1 primary, 42 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of July 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by April 1, 2021. This bill is identical to SB 421.
Bill Text
What changed in the latest version
188 added · 187 removedPlain-language change summary
The updated version of Bill HB 789 clarifies the provisions related to interest charges by insurance agents and sets forth stricter rules around who can obtain a license to provide credit. Specifically, it reinforces that any credit extended with rates exceeding 36 percent interest or a participation fee above $50 per year is void, thus protecting consumers from excessive charges. Additionally, it highlights eligibility restrictions for licensed agents, particularly concerning past violations or revoked licenses, which aims to ensure a more trustworthy lending environment. These changes matter because they seek to safeguard consumers from predatory lending practices and enhance the integrity of the credit industry.
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SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 1215ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 6.2-303, 6.2-312, 6.2-435, 6.2-1500, 6.2-1501, 6.2-1505, 6.2-1507, 6.2-1509, 6.2-1517, 6.2-1518, 6.2-1520, 6.2-1523, 6.2-1524, 6.2-1800, 6.2-1801, 6.2-1803, 6.2-1804, 6.2-1807, 6.2-1809, 6.2-1810, 6.2-1811, 6.2-1816, 6.2-1817, 6.2-1819, 6.2-1820, 6.2-1827, 6.2-1828, 6.2-2200, 6.2-2201, 6.2-2203, 6.2-2204, 6.2-2207, 6.2-2210, 6.2-2215, 6.2-2216, 6.2-2217, 6.2-2224, 6.2-2226, 59.1-200, and 59.1-335.5 of the Code of Virginia;
[H 789] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
(v) make a payday loan to a person within 45 days following the date that the person has paid or otherwise satisfied in full a fifth payday loan made within a period of 180 days as provided in subdivision 27 a;
An extended term loan is a loan that complies with the terms and conditions otherwise applicable to payday loans under the terms of this chapter except that (i) the principal amount of the loan, and any interest and fees permitted by § 6.2-1817, shall be payable in four equal installments over a payment period of 60 days following the date the loan is made and (ii) no licensee may make a payday loan to such borrower during the longer of (a) 90 days following the date the extended term loan is paid or otherwise satisfied in full or (b) 150 days following the date the extended term loan is made.
View plain text versions (6)
- Enrolled Reenrolled bill text (HB789ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1215) View text Current html April 22, 2020
- Bill text as passed House and Senate (HB789ER) View text html March 12, 2020
- Impact statement from DPB (HB789S1) View text html February 17, 2020
- Committee Substitute Engrossed by House - committee substitute with amendments HB789EH1 html January 30, 2020
- HB789H1 View text html January 23, 2020
Action History
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Enacted, Chapter 1215 (effective - see bill)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB789ER2)
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Reenrolled
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (22-Y 18-N)
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VOTE: (54-Y 41-N)
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House concurred in Governor's recommendation (54-Y 41-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 17, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB789ER)
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Enrolled
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Senate substitute agreed to by House 20108486D-S1 (62-Y 30-N)
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Passed Senate with substitute (28-Y 12-N)
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Engrossed by Senate - committee substitute HB789S1
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Committee substitute agreed to 20108486D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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VOTE: Adoption (62-Y 30-N)
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Reported from Finance and Appropriations (14-Y 0-N)
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Impact statement from DPB (HB789S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20108486D-S1
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Reported from Commerce and Labor with substitute (11-Y 4-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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Impact statement from DPB (HB789EH1)
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VOTE: Passage (65-Y 33-N)
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Read third time and passed House (65-Y 33-N)
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Printed as engrossed 20106372D-EH1
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Engrossed by House - committee substitute with amendments HB789EH1
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Amendments by Delegate Bagby agreed to
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Committee substitute agreed to 20106372D-H1
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Read second time
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House committee, floor amendments and substitutes offered
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Passed by for the day
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Passed by for the day
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Read first time
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Impact statement from DPB (HB789)
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Incorporates HB843 (Murphy)
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Incorporates HB184 (Levine)
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Incorporates HB1296 (Helmer)
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Incorporates HB1265 (Carroll Foy)
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Committee substitute printed 20106372D-H1
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Reported from Labor and Commerce with substitute (14-Y 8-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/08/20 20104677D
Sponsors
- Schuyler T. VanValkenburg · Cosponsor
- Rodney T. Willett · Cosponsor
- Lamont Bagby · Primary
- Sam Rasoul · Cosponsor
- Jeion A. Ward · Cosponsor
- Betsy B. Carr · Cosponsor
- Joshua G. Cole · Cosponsor
- Karrie K. Delaney · Cosponsor
- Jr. C.E. Cliff Hayes · Cosponsor
- Dan I. Helmer · Cosponsor
- Charniele L. Herring · Cosponsor
- Patrick A. Hope · Cosponsor
- Paul E. Krizek · Cosponsor
- Alfonso H. Lopez · Cosponsor
- Delores L. McQuinn · Cosponsor
- Alex Q. Askew · Cosponsor
- Marcia S. "Cia" Price · Cosponsor
- Danica A. Roem · Cosponsor
- Don Scott · Cosponsor
- Marcus B. Simon · Cosponsor
- Shelly A. Simonds · Cosponsor
- Luke E. Torian · Cosponsor
- Kathy K.L. Tran · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- David L. Bulova · Cosponsor
- Roslyn C. Tyler · Cosponsor
- Suhas Subramanyam · Cosponsor
- Ibraheem S. Samirah · Cosponsor
- Kenneth R. Plum · Cosponsor
- Kathleen Murphy · Cosponsor
- Michael P. Mullin · Cosponsor
- Martha M. Mugler · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
- Clinton L. Jenkins · Cosponsor
- Chris L. Hurst · Cosponsor
- Steve E. Heretick · Cosponsor
- Nancy D. Guy · Cosponsor
- Wendy W. Gooditis · Cosponsor
- Hala S. Ayala · Cosponsor
- Lashrecse D. Aird · Cosponsor
- Mark H. Levine · Cosponsor
- Jeffrey M. Bourne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 42 co-sponsors · 105 not signed on · 59 voted No
Sponsors (1)
Co-sponsors (42)
- Schuyler T. VanValkenburg
- Rodney T. Willett
- Sam Rasoul
- Jeion A. Ward
- Betsy B. Carr
- Joshua G. Cole
- Karrie K. Delaney
- C.E. Cliff Hayes, Jr.
- Dan I. Helmer
- Charniele L. Herring
- Patrick A. Hope
- Paul E. Krizek
- Alfonso H. Lopez
- Delores L. McQuinn
- Alex Q. Askew
- Marcia S. "Cia" Price
- Danica A. Roem
- Don Scott
- Marcus B. Simon
- Shelly A. Simonds
- Luke E. Torian
- Kathy K.L. Tran
- Elizabeth R. Guzman
- David L. Bulova
- Tyler, Roslyn C.
- Subramanyam, Suhas
- Samirah, Ibraheem S.
- Plum, Kenneth R.
- Murphy, Kathleen Voted No
- Mullin, Michael P.
- Mugler, Martha M.
- Kory, Kaye
- Keam, Mark L.
- Jenkins, Clinton L.
- Hurst, Chris L.
- Heretick, Steve E.
- Guy, Nancy D.
- Gooditis, Wendy W.
- Ayala, Hala S.
- Aird, Lashrecse D.
- Levine, Mark H.
- Bourne, Jeffrey M.
Not signed on (105)
105 members have not signed on to this bill.
Show all 105 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 41 | 0 | 5 |
| Total | 53 | 41 | 0 | 5 |
| % of votes cast | 54% | 41% | 0% | 5% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 61 | 30 | 0 | 8 |
| Total | 61 | 30 | 0 | 8 |
| % of votes cast | 62% | 30% | 0% | 8% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 12 | 0 | 0 |
| Total | 28 | 12 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 4 | 0 | 0 |
| Total | 11 | 4 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Nay |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 64 | 33 | 0 | 2 |
| Total | 64 | 33 | 0 | 2 |
| % of votes cast | 65% | 33% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Kory, Kaye | — | Yea |
| Keam, Mark L. | — | Yea |
| Lindsey, Joseph C. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Ayala, Hala S. | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Marshall, Daniel W., III | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Alfonso H. Lopez | — | Yea |
| Christopher T. Head | — | Yea |
| Elizabeth R. Guzman | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Jeion A. Ward | — | Yea |
| Lamont Bagby | — | Yea |
| Michael J. Webert | — | Nay |
| R. Lee Ware | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Tony O. Wilt | — | Nay |
Subjects
Frequently asked questions
- What does HB 789 do?
- Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of July 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by April 1, 2021. This bill is identical to SB 421.
- Who sponsors HB 789?
- HB 789 is sponsored by Schuyler T. VanValkenburg, Rodney T. Willett, Lamont Bagby, Sam Rasoul, Jeion A. Ward, Betsy B. Carr, Joshua G. Cole, Karrie K. Delaney, C.E. Cliff Hayes, Jr., Dan I. Helmer, Charniele L. Herring, Patrick A. Hope, Paul E. Krizek, Alfonso H. Lopez, Delores L. McQuinn, Alex Q. Askew, Marcia S. "Cia" Price, Danica A. Roem, Don Scott, Marcus B. Simon, Shelly A. Simonds, Luke E. Torian, Kathy K.L. Tran, Elizabeth R. Guzman, David L. Bulova, Tyler, Roslyn C., Subramanyam, Suhas, Samirah, Ibraheem S., Plum, Kenneth R., Murphy, Kathleen, Mullin, Michael P., Mugler, Martha M., Kory, Kaye, Keam, Mark L., Jenkins, Clinton L., Hurst, Chris L., Heretick, Steve E., Guy, Nancy D., Gooditis, Wendy W., Ayala, Hala S., Aird, Lashrecse D., Levine, Mark H., and Bourne, Jeffrey M..
- What is the current status of HB 789?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 789?
- Track HB 789 free on One Click Politics — get push/email alerts when it moves.
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