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Legislative Update
58 House Co-Sponsors of HR996; Movement In House Unlikely Till Senate Gets Off Dime
HR 996: Consumer Rental Purchase Agreement Act
05-23-03
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The bill was first introduced by Representative Walter B. Jones of NC in May, 2001. Click here for Rep. Jones Home Page
 

 

Latest Co-sponsors
Rep Gil Gutknecht (R-MN)
Rep Tom Latham (R-IA)
Rep Shelley Capito (R-WV)
Rep Chris John (D-LA)
 
Rep Sue Myrick (R-NC)
 

Rep Harold Ford (D-TN)

Rep John Boehner (R-OH)

update: See our update Here

9 more Representatives signed on as co-sponsors of HR996, the Consumer Rental Purchase Agreement Act, bringing the grand total to 59; 41 Republican and 18 Democrat (including main sponsor Rep. Walter Jones (R -NC)). House Support for the bill is strong, but sources tell RTO Online that, notwithstanding the high level of support, Key House leaders want to see significant movement in the Senate before moving forward.

The feeling among insiders is that "passage in the House is a virtual lock". Representatives who vocally opposed the bill in previous sessions are reluctant to make a fuss over legislation sure to pass...especially if they can make new friends. Instead, all eyes are on the Senate where the waters are untested.

The push for Senate support is in full swing. Most House and Senate Democrats opposing the bill, do so at the behest of consumer groups. Supporters would prefer, but are unlikely to get, consumer group support for the bill. Opposition to the RTO industry by Ralph Nader types is too entrenched.

There may also be movement on the Attorney General front. Supporters are seeking vocal support from a prominent southern AG to counteract the oppositions pre-emption argument.

TRIM is a division of the John Birch Society, a conservative organization supporting a limited Federal government

There remains some concern among legislators concerning the preemption of state law. TRIM, a national conservative organization that issues report cards on all legislators based on voting records, listed a yes vote for HR1701 as negative based on the preemption issue. TRIM's position on HR996 is unknown, but it will likely remain negative since the language of the bill did not change. People outside the beltway are likely unfamiliar with TRIM, but in a town where 'report cards' get wide play, they carry some weight.

Supporters of the legislation minimize the impact of preemption. They claim that HR996 sets a "Federal Floor" and allows states to enact additional consumer protections. In a 'Talking Points' memo distributed in Washington DC, supporters state;

"HR996 does not pre-empt state legislatures from enacting additional consumer protections. Section 1018 of the bill, titled "Relation to other Laws", makes it clear that state legislatures are free to add regulations to the FLOOR of consumer protections included in this bill"

The memo goes on to compare the establishment of a federal definition of 'rental purchase' to the Truth in Lending Act and the Consumer Lease Act.

"Under these federal laws, Congress set a federal definition along with a floor of consumer protections, but allowed state legislatures to add regulations to those minimum standards, PROVIDED that the additional state regulations are consistent with the federal definitions"

Very few states will feel the pre-emption effect. States like New Jersey, Vermont, and Wisconsin, that regulate Rent to Own as a credit sale requiring EAPR or APR disclosures, will see the biggest impact should HR996 become law. Requiring EAPR disclosures would be "inconsistent" with the federal law and would be pre-empted. Other regulations by these states would remain unaffected.

Existing HR996 Co-sponsors

The bill was introduced by Rep. Walter Jones (R -NC) on 2/27/03 and referred to the Subcommittee on Financial Institutions and Consumer Credit on 3/14/2003. A hearing has not yet been scheduled.


 

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