March 8, 2011 in Opinion

Editorial: SEC needs to fix law’s onerous impact on civic volunteers

 

“This law (the Dodd-Frank Wall Street Reform and Consumer Protection Act) creates a new, more effective regulatory structure, fills a host of regulatory gaps, brings greater public transparency and market accountability to the financial system and gives investors important protections and greater input into corporate governance.”

So says Securities and Exchange Commission Chairman Mary L. Schapiro on the SEC’s website.

“The real crunch comes after the rules are in place and we have to operationalize them. We lack the resources to do that.”

So Schapiro said Monday to the Senate Banking Committee.

To which library district trustees everywhere can only smile nervously and say, “Whew.”

Because as Dodd-Frank has been interpreted so far, those civic-minded community volunteers who act as custodians of their local libraries are now financial advisers who must be registered. Just what that means and why it is necessary is murky, but for anyone willing to sift through a 231-page document on the SEC website ( www.sec.gov/ info/municipal/mbonds/fa.htm), there may be an answer. Or not.

Still, unless Bernie Madoff has had his mischievous hand in a local library bond issue, that kind of municipal activity can’t be likened to the causes behind the national economic meltdown Dodd-Frank was supposed to address.

Locally, administrators such as Mike Wirt of the Spokane County Library District have their fingers crossed that Congress will step in and fix what seems to have been an unintended consequence of the complex measure. That would be the responsible thing to do.

Among other tasks, the law directs the agency to issue hundreds of new regulations and conduct dozens of studies. The agency has more duties than funds and staff to carry them out, so registering local library trustees should rank low on its priority list – far below securities fraud cases, for example. The financial pinch will become clearer as committees in the House and Senate take up the SEC budget over the next two weeks.

The law also ordered a report by the Government Accountability Office, but that effort focused on financial planners, who are paid for their investment advice. Library trustees never entered the picture.

But avoiding the law’s difficulties just because the SEC can’t afford to enforce them is not enough. Dedicated citizens who step forward to take on necessary civic responsibilities should not have to worry about the potential ramifications. If they do, many of them will simply decide it isn’t worth it, which would be a sad loss for the communities that need them.

Congress needs to correct this madness.

To respond to this editorial online, go to www.spokesman.com and click on Opinion under the Topics menu.

Four comments on this story so far. Add yours!
  • PhiltheBibliophil on March 08 at 7:14 a.m.

    Republicans will never allow any government oversight of Wall Street and will leave the SEC as a sham/shell just as it has been! They’re all Madoff’s!

  • DickAdams on March 08 at 7:39 a.m.

    Where the hell have Dodd and Frank been for so many years. When Pelosi was running congress with her side kick, Reid, the senate, the democrats should cleaned up the mess their now talking about. Both parties need a kick in the pants. The Spokesman Review web-site liberal posters, continue to rant and rave about the republicans but seem to forget the democrats with the majority for years, could have passed the controls necessary these cry babies are now screaming for. These posters to the web site, condone the career politicians in their party. Dodd and Frank are a pair to draw too. The republicans have there share of career guys as well, and we should throw the bums out.

  • hawken on March 08 at 8:29 a.m.

    Dodd and Frand (Abbott and Costello), were the ones pushing Fannie Mae and Freddie Mac to make loans to people who were no way qualified to buy a house.

    This is the domino that started the financial melt down leading to our deep chronic recession.

    Wall Street then started “packaging those loans” in what is called derivatives, to sell to investors.

    When those ARM loans started to go up, so did the foreclosure rate. Thus, the “derivatives” became worthless.

    Mortgage derivatives are investment securities developed by the financial industry to provide different risk and interest-rate profiles from pools of mortgages. Abuses in mortgage derivatives are given part of the blame for the global financial crisis of 2007 and 2008. Another term used for mortgage derivatives is collateralized mortgage obligations, or CMOs.http://homeguides.sfgate.com/definition-mortgage-derivatives-6617.html


    Mortgage-Backed Securities
    Individual residential mortgages are purchased from lenders and pooled by mortgage aggregators such as Ginnie Mae, Fannie Mae and Freddie Mac. These agencies divide the pools into mortgage-backed securities that are sold to investors and that can be traded on the securities markets. Mortgage securities that take the mortgage payments coming in from homeowners and send the interest and principal straight out to securities owners are called mortgage pass-through securities. If a financial company takes the money stream coming into a mortgage pool and changes the way the money goes out to different investors, the result is derivative mortgage securities.http://homeguides.sfgate.com/definition-mortgage-derivatives-6617.html

    Let’s not forget that is was the likes of Dodd and Frank who are responsible in the first place. Wall Street made a killing, the taxpayer paid the bill.

    Blaming Wall Street exclusively, for the problem is like blaming Walmart exclusively for selling a defective product, while letting the manufacture of that product totally off the hook.

    Abbot and Costello were the manufactures of our deep, chronic recession.

  • Ed Byrnes on March 08 at 7:44 p.m.

    I agree that Wall Street should not bear exclusive blame for the 2008 financial meltdown, nor should they be given a pass. Like so many dichotomies this one is a false dichotomy.

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