Senator Kirk Introduces Community-Bank Lending Bill

July 29, 2013

U.S. Senator Mark Kirk (R-IL) joined with fellow Senate Banking Committee members Jerry Moran (R-KS) and John Tester (D-MT) in introducing the Community Lending Enhancement and Regulatory Relief (CLEAR) Act (S. 1349). This legislation would provide much-needed regulatory relief for community banks, enabling them to focus on lending, helping small businesses and communities grow, and creating jobs.

kirk schroeder

David Schroeder, CBAI VP of federal governmental relations, personally  thanked Senator Kirk for introducing this legislation during his recent   quarterly visit to Washington D.C.

Senator Kirk said, “In an era of new regulations that hamper community   banks’ ability to meet the needs of their communities, I am proud to join   Senators Moran and Tester in this bipartisan bill that aims to address        the unique differences between mega global financial institutions and   community banks.”

The CLEAR Act includes four provisions that would:

Exempt community banks with assets of less than $1 billion from the Sarbanes-Oxley 404(b) internal-controls assessment mandates. Community banks’ internal-control systems are monitored continually by bank examiners which should not have to incur the unnecessary expense of paying an outside audit firm for attestation work.

Require the Federal Reserve to revise the Small Bank Holding Company Policy Statement by increasing the qualifying asset threshold from $500 million to $5 billion. The increased threshold would ease capital requirements for small banks.

Exempt community banks with assets of less than $10 billion from escrow requirements for any first mortgage held by the lender. This exemption will help support the still-struggling housing recovery.

Provide “Qualified Mortgage” status under the Consumer Financial Protection Bureau’s ability-to-repay rules for any mortgage held in portfolio for at least three years by community banks with less than $10 billion in assets.

U.S. Congressman Blain Luetkemeyer (R-MO) has already introduced the CLEAR Act (H.R. 1750) in the House which similarly seeks targeted regulatory relief for community banks.


CBAI Leadership Bankers and Staff Meet with Senator Durbin

July 2, 2013

CBAI leadership bankers and staff met with Illinois Senator Richard Durbin to discuss issues of importance to Illinois community banks. Bank of Springfield hosted this roundtable discussion during the Senate’s July 4th recess.


The common theme expressed by leadership bankers from CBAI’s first Chairman, Art Murray of Citizens State Bank in Milford (1974-1975), to CBAI’s current Chairman, Rick Jameson of Morton Community Bank (2012-2013), was the stifling impact of over regulation/examinations and unfair competition on the ability of community banks to serve their communities.

CBAI bankers thanked Senator Durbin for co-sponsoring the Terminating Bailouts for Taxpayers Fairness Act (S. 798) and encouraged him to take a strong leadership position in moving this important legislation forward. The Brown-Vitter bill would establish more appropriate capital standards for the nation’s largest financial institutions and provide much needed regulatory relief for community banks. CBAI’s top Federal Policy Priority is addressing the issue of too-big-to-fail. Taxpayer bailouts must never happen again.

CBAI bankers encouraged additional progress by both regulators and legislators on differentiating community banks from too-big-to-fail financial institutions. The group emphasized that the business model and risks of large, complex and interrelated financial institutions is completely different than community banks, and painting the industry with a broad regulatory brush is inappropriate; community banks are nothing like the large financial behemoths and future legislation and regulation should reflect that fact.

CBAI’s past Chairman Robin Loftus (Security Bank, S.B., Springfield) shared her recent experiences as the current Chairman of the Consumer Financial Protection Bureau’s (CFPB) Community Bank Advisory Council. While the CFPB’s examination and enforcement authority is limited to banks in excess of $10 billion in assets (and the shadow financial industry), input from the Advisory Council is vital to the Bureau’s rule writing. Loftus identified several areas where their input has already been beneficial in avoiding inappropriate regulation.

CBAI staff also addressed other opportunities for Senator Durbin to co-sponsor legislation in the Senate which would help reduce the regulatory burden for community banks. David Schroeder, Vice President Federal Governmental Relations, will be discussing these opportunities in greater detail when he visits members of the Illinois Congressional delegation in Washington later this month.

CBAI leadership bankers and staff thanked Senator Durbin and his capable staff for attending the roundtable discussion.


CFPB Finalizes Amendments to Qualified Mortgage Rule

May 30, 2013

The Consumer Financial Protection Bureau (CFPB) finalized amendments to the Ability-to-Repay/Qualified Mortgage (QM) rule by creating specific exemptions and modifications for small creditors and by also revising the rule on how to calculate loan origination compensation. READ CFPB FINAL RULE.

Under the amendments, the CFPB made several adjustments to the Ability-to-Repay rule to facilitate lending by small creditors, including community banks that have less than $2 billion in assets and make 500 or fewer first-lien mortgage loans.

    The rule extends QM status to loans that small creditors hold in their own portfolio even if the customers’ debt-to-income ratio exceeds 43%.

    The rule provides a two-year transition period during which small creditors can make balloon loans and those loans will meet the definition of QMs. During this transition period the CFPB will study whether the definition of “rural” or “underserved” needs to be changed.

    The rule allows small creditors to charge a higher annual percentage rate for first-lien QMs while maintaining a safe harbor for the Ability-to-Repay requirements.
Under the amendments, the CFPB provides certain exceptions to the Dodd-Frank requirement that loan originator compensation be included in the permissible points and fees. The compensation paid by a mortgage broker to a loan originator employee does not count towards the points and fees threshold.

The amendments take effect with the Ability-to-Repay rule on January 10, 2014.

The Community Bankers Association of Illinois appreciates the CFPB’s willingness to amend the Ability-to-Repay rule. In a February 22, 2013 comment letter, CBAI strongly advocated for the new “small creditor” category, a $5 billion asset and 3,500 mortgage threshold, as well as expanded definitions of “rural” and “underserved’ communities. CBAI and the Independent Community Bankers of America will continue to work with the CFPB to make this rule more favorable for community bank participation in residential mortgage lending.


CBAI Initiatives Pass Both Houses

House Bill 1335 (Sandack/Mulroe) amends the “good funds” disbursement authorization provisions of the Title Insurance Act to allow financial institutions and title companies that know each other and agree to use cashier’s checks, teller’s checks and certified checks as settlement funds in transactions greater than $50,000. While the bill is permissive in nature, the title insurance industry still opposed the legislation, and at the request of Senator Don Harmon (D-Oak Park), the bill was amended in the Senate. The bill as amended makes it clear the parties will address the issue of delivery of the check to the title company in sufficient time for the check to be deposited to the title company’s account, before any disbursement of funds is made by the title company. As part of the compromise, a January 1, 2015 sunset was also included in the bill. Senator Harmon inserted the sunset, and committed to repeal it next year if there is no proof that that this legislative change negatively impacts the title insurance industry. CBAI plans to continue to work with the General Assembly on this issue and to repeal the sunset. CBAI would like to thank HB 1335’s sponsors State Representative Ron Sandack (R-Downers Grove), and State Senator John Mulroe (D- Chicago) for their hard work and dedication to the passing of this legislation. HB 1335 passed both chambers with only three no votes in both chambers.

CBAI was also successful in passing legislation that removes the requirement for banks to disclose ATM fees with a physical sign on the terminal, when the fee is shown electronically on the terminal screen. House Bill 2432 (Lang/Mulroe) was amended with language that was introduced initially onto HB 183. HB 2432 had to be amended because HB 183 was “hijacked” by the Senate Democratic leadership and ultimately became the vehicle for the concealed carry compromise. Last year, Congress removed this physical signage requirement in federal law, and this bill makes state law consistent with that change. HB 2432 passed both chambers and will be sent to the Governor.

For more information, or if you have any questions or comments, please contact Kraig Lounsberry or Megan Peck at 800/736-2224.


Senator Durbin Co-Sponsors Terminating Bailouts for Taxpayer Fairness Act

CBAI congratulates Illinois Senator Richard Durbin for co-sponsoring the Terminating Bailouts for Taxpayer Fairness Act of 2013 (S. 798).

The TBTF Act seeks to end federal subsidies and funding advantages for financial firms larger than $500 billion in assets and to end government distortions of the financial markets that foster incentives for risky behavior by Wall Street megabanks while taxpayers bear the brunt of the risk. The TBTF Act also seeks to prohibit U.S. regulators from implementing Basel III capital requirements and offers additional regulatory relief aimed directly at community banks.

CBAI encourages all Illinois community banks to thank Senator Richard Durbin by calling his office at 1-202-224-2152. Simply tell the person who answers the phone, your name, the name and location of your bank, and that you are calling to thank Senator Durbin for co-sponsoring the Brown-Vitter Terminating Bailouts for Taxpayer Fairness Act (S.798).

If you prefer to send an e-mail to his financial service staff member with this message, please send your e-mail to (NOTE- there is an underscore _ between corey and tellez).

We appreciate your reaching out to Senator Durbin to thank him for co-sponsoring this legislation. Ending too-big-to-fail is CBAI’s #1 Federal Policy Priority.