Democrats crafting bill to shield big banks from tougher state laws

By The Associated Press
Wednesday, September 30th, 2009 -- 11:23 am
Share on Facebook Stumble This!

Court Bank of America can keep fees Democrats crafting bill to shield big banks from tougher state lawsModerate House Democrats are drafting a proposal that would continue to shield big banks from potentially tougher state regulations of credit cards, mortgages and savings accounts.

The plan would differ from President Barack Obama's proposal to give states a role in regulating large financial institutions that operate nation-wide. The lawmakers say it would be more practical and less expensive not to force the banks to comply with 50 different regulatory regimes.

But their proposal, spearheaded by Illinois Democratic Rep. Melissa Bean and discussed at a hearing Wednesday, isn't sitting well with consumer advocates who say banks shouldn't be allowed to skirt state regulations if the restrictions don't suit them.

"That's the system we have now. That's the system that failed," said Ed Mierzwinski, consumer program director for U.S. Public Interest Research Groups.

The current regulatory regime allows banks to follow either state or federal regulations. Whereas community banks often follow state rules, large banks typically opt for federal oversight so they can operate in various states under one set of regulations.

Story continues below...

Under a plan by Obama and Massachusetts Democratic Rep. Barney Frank, lenders would have to answer to both state and federal regulators. A new Consumer Financial Protection Agency, or CFPA, would set the federal standard but states would be free to impose tougher rules.

The House Financial Services Committee, chaired by Frank, planned to take up legislation creating a CFPA the week of Oct. 12.

While the financial industry is lobbying against a new regulator, Frank said the agency is needed because the Federal Reserve and other regulators dropped the ball when it came to protecting the average American using credit cards and buying homes.

"I think it's fair to say that no callouses will be found on the hands of those in the federal bank regulatory agencies who had consumer responsibility because there is no evidence of hard work," he said at a panel hearing.

While Bean supports creation of a CFPA, she said in an interview this week that subjecting federally chartered banks to state laws would be too cumbersome to implement and would pass on added costs to consumers.

"If you have 50 different regulatory regimes that an institution has to comply with every new offering they make, every new service they want to provide, there (would be) 50 different sets of forms with 50 different sets of training," she said.

Bean said she is drafting an amendment with input from other Democrats that would allow federally chartered banks to follow federal regulations under the CFPA and ignore state laws. She says her plan would still allow for multiple watchdogs because states could cooperate with federal regulators to sue banks in civil court for violation of federal law.

Share this article:
  • Print
  • email
  • Digg
  • Reddit
  • StumbleUpon
  • Twitter
  • Facebook

Story comments are below...

  • starvapor
    Banks are corporations and should be treated as such, the way our founding fathers intended it to be. It's time for our elected, so-called representatives to wake up, slap themselves in the face, kick their own asses and take all necessary action to hold banks accountable to the level of scrutiny they were originally subjected to in our early history when their motives were rightly suspected.

    From the 1500s until 1886, corporations were considered the artificial creations of their owners and the state legislatures that authorized them. Because they were artificial legal entities, created only and exclusively by the states and sometimes referred to in the law as artificial persons, they were subject to control by the people of the state in which they were incorporated.

    Here are some examples of our early laws regarding the regulation of corporations that now need to be revisited:

    1.Corporations' licenses to do business were revocable by state legislatures if they exceeded or did not fulfill their chartered purposes.

    2.The state legislature could revoke a corporation's charter if it misbehaved.

    3. The act of incorporation did not relieve corporate management or stockholders/owners of responsibility or liability for corporate acts.

    4. As a matter of course, corporation officers, directors or agents couldn't break the law and avoid punishment by claiming they were "just doing their job" when committing but instead could be held criminally liable for their crimes.

    5. State, not federal courts heard cases where corporations or their agents were accused of breaking the law or harming the public.

    6. Directors of corporations were required to come from among their stockholders.
    7. Corporations had to have their headquarters and meetings in the state where their principle place of business was located.

    8. Corporation charters were granted for a specific period of time, like 20 or 30 years instead of being granted "in perpetuity" as is now the practice.

    9. Corporations were prohibited from owning stock in other corporations in order to prevent them form extending their power inappropriately.
    10. Corporations' real estate holdings were limited to what was necessary to carry out their specific purposes.

    11. Corporations were prohibited from making any political contributions, directly or indirectly.

    12. Corporations were prohibited from making charitable or civic donations outside of their specific purpose.

    13. State legislatures could set the rates that monopoly corporations could charge for their products or services.

    14. All corporation records and documents were open to the legislature or the state attorney general.
  • hardrain77
    Nice to see the Democrats pulling a Chris Dodd and concerning themselves with getting reelected next year.
  • Savantster
    Any politician that spits on the public to pander to corporate interests should be voted out of office.. Instead, they only politicians that get enough corporate money to shout down their competition on election day are the ones that spit on the public to pander to corporate money. .. that makes them whores, right?

    Politicians are Public Officials. They have a Constitutional duty to legislate in the interest of the public, not corporate donors. When they pass laws to protect companies while hurting the public, they are violating the Public Trust and should be impeached.

    I know the idea of elected officials representing the people that vote disgusts some, but that's what both a Democracy and Republic is all about. When you stray from that, you have a fascism. Interesting that the right-wing is chocked full of people that want companies to make all the rules, and simultaneously talk out of the other side of their mouth about adhering to the Constitution.

    The Constitution doesn't give rights to companies, it gives rights to human beings. Can't be a right-winger without showing your core hypocrisy.

    .
  • chabuka
    Hard to tell if stuff like this is true or if its some right-leaning pundit is putting out B.S. hoping to damage the Democrats in the next election..so his conservative buddies can take control again....if its true the progressive community needs to stand up and stop the right-wing persecution (with the Democratics enabling) of ACORN and SEIU...get even more progressive Democratics elected (or we will loose on the EFCA, too!)....finish throwing out the GOP and get rid of Rahm Emanuels "moderate corporate Dems" (lets get rid of Emanuel, if possible!)...a revolution with in our own (Democratic) party..pushing the progressive agenda (and Obama) forward...throw out the remaining "far right-wing party of no"........
  • McLean, Virginia -- How clear it is that these "conservative Democrats" aren't really either conservative or Democrats. They are greedy, blood-suckers, pretending to be human beings. Somehow the phrase "liars and cheats" seems very apropos.

    Paul Matthews
  • Savantster
    "Moderate House Democrats"

    Raw, start calling it like it is! Republicans that put a D behind their name to get elected! These people are NOT Democrats, period.
  • trevinla
    Now is the time to call their local DNC office and ask who is running against them and how you can help get new blood in that office
  • markh
    If everyone keeps saying "No, we must help the Rich", then America is doomed and the public who keep electing these representatives and senators won't realize what they've done.

    Why are there Dems who won't follow the leadership of their president? Money.
    Why are there Dems, as this article says, which protect Corporations? Money.

    Where is the public interest? Where is the nation's interest?

    So, we have the Republican party which hates America and government and the Blue Dog Dems which don't mind using government for their own personal greed. What's not to like? /s
  • buckqjohnson
    There doing this because the states are closer to the people who where screwed by the banks. And they know that the states would pass laws that more than likely will benefit the people instead of the banks. Another reason to protect them from state regulation is that the state might inadvertantly put light on the ponzi scheme that is going on between the big banks and the Fed. They want this game tightly controlled and don't want any outside actors coming in and blowing the lid off of the whole game.
  • judyinnm
    It was because the federal government shielded sub-prime mortgage companies from state regulations that they were free to practice their predatory lending, at will. See how that turned out....
  • edward
    "Practical and less expensive" for big banks...ha. More D.C. whores.
blog comments powered by Disqus