|
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
- Main Sponsor
Rep. Walter
Jones (R -NC)
Co-Sponsors
-
Darlene Hooley (D-OR)
-
Mike Ross
(D-AR)
- Rep
Goode, Virgil H., Jr. (R-VA)
-
Rep
Davis, Jo Ann (R-VA)
- Rep
Turner, Jim (D-TX)
- Rep
Ney, Robert W. (R-OH)
-
Rep Frost, Martin (D-TX)
- Rep
Isakson, Johnny (R-GA)
-
Rep McCrery, Jim (R-LA)
-
Rep Kelly, Sue W. (R-NY)
-
Rep Kanjorski, Paul E. (D-PA)
- Rep
Terry, Lee (R-NE)
-
Rep Lucas, Ken (D-KY)
-
Rep Sessions, Pete (R-TX)
- Rep Baker, Richard H.
(R-LA)
-
Rep Sherman, Brad (D-CA)
- Rep
Spratt, John M., Jr. (D-SC)
- Rep
Gillmor, Paul (R-OH)
- Rep
Royce, Edward (R-CA)
-
Rep Sweeney, John (R-NY)
- Rep
Tiberi, Patrick (R-OH )
-
Rep Bartlett, Roscoe
(R-MD)
- Rep
McHugh, John M. (R-NY)
- Rep
Carson, Brad - (D-OK)
-
Rep Emerson, Jo Ann (R-MO)
-
Rep McIntyre, Mike (D-NC)
-
Rep Alexander, Rodney (D-LA)
-
Rep Bereuter, Doug (R-NE)
-
Rep. John
Linder (R-GA)
-
Rep.
Nathan Deal (R-GA)
-
Rep.
Tom Osborne (R-NE)
-
Rep.
Max Sandlin (D-TX)
-
Rep.
Henry Bonilla (R-TX)
-
Rep. Zach
Wamp (R-TN)
-
Rep. David
Vitter (R-LA)
-
Rep.
John Shimkus (R-IL)
-
Rep. Cass
Ballenger (R-NC)
-
Rep. Lincoln Diaz-Balart
(R-FL)
-
Rep.
George Nethercutt (R-WA)
-
Rep. Kenny Hulshof (R-MO)
-
Rep. Philip English
(R-PA)
-
Rep. Michael Burgess
(R-TX)
-
Rep. Jim Cooper (D-TN)
-
Rep. Jim Leach (R-IA)
-
Rep. Ralph Hall (D-TX)
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.
|
RTO Online is the official channel for Rent-to-Own Industry News and the
only independent source of news for the rent-to-own, rental-purchase,
lease-purchase trade. RTO Online (Rent to Own Online) represents the choice
of the entire RTO Industry for trusted information, as it happens. |
|
Tell us what you think
Rate the article at the top of this page |
|
|
|
|