Bill Text: IA HF260 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to permissible interest rates and charges for certain loans. (Formerly HSB 31.) Effective 7-1-19.

Spectrum: Committee Bill

Status: (Passed) 2019-04-15 - Signed by Governor. H.J. 858. [HF260 Detail]

Download: Iowa-2019-HF260-Introduced.html
House File 260 - Introduced HOUSE FILE 260 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 31) A BILL FOR An Act relating to permissible interest rates and charges for 1 certain loans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1572HV (2) 88 gh/rn
H.F. 260 Section 1. Section 536.13, subsection 7, paragraph a, Code 1 2019, is amended to read as follows: 2 a. The superintendent may establish the maximum rate of 3 interest or charges as permitted under this chapter for those 4 loans with an unpaid principal balance of ten thirty thousand 5 dollars or less. For those loans with an unpaid principal 6 balance of over ten thirty thousand dollars, the maximum rate 7 of interest or charges which a licensee may charge shall be 8 the greater of the rate permitted by chapter 535 or the rate 9 authorized for supervised financial organizations by chapter 10 537 . 11 Sec. 2. Section 537.2501, subsection 1, Code 2019, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . l. For an interest-bearing consumer credit 14 transaction, a service charge in an amount not to exceed the 15 lesser of ten percent of the amount financed or thirty dollars. 16 Sec. 3. Section 537.2510, subsection 3, paragraph a, Code 17 2019, is amended to read as follows: 18 a. If the prepayment is in full, the creditor may collect 19 or retain a minimum charge not exceeding five dollars in a 20 transaction which had an amount financed of seventy-five 21 dollars or less, or not exceeding seven dollars and fifty cents 22 in a transaction which had an amount financed of more than 23 seventy-five dollars, if the minimum charge was contracted 24 for, and the finance charge earned at the time of prepayment 25 is less than the minimum charge contracted for. If, however, 26 a creditor has collected a service charge in association with 27 an interest-bearing consumer credit transaction pursuant to 28 section 537.2501, subsection 1, paragraph “l” , the creditor 29 shall not collect or retain a minimum charge upon prepayment 30 pursuant to this subsection. 31 Sec. 4. Section 537.2510, Code 2019, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 9. This section does not apply to a service 34 charge collected pursuant to section 537.2501, subsection 1, 35 -1- LSB 1572HV (2) 88 gh/rn 1/ 2
H.F. 260 paragraph “l” . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to permissible interest rates and charges 5 for certain loans. 6 Current law allows the superintendent of banking to 7 establish the maximum rate of interest or charges for regulated 8 loans subject to Code chapter 536 with unpaid principal 9 balances of $10,000 or less. The bill increases this amount to 10 $30,000. For loans with unpaid principal balances in excess 11 of $30,000 (formerly $10,000), the maximum interest rate or 12 charges a lender may charge remains the greater of the rate 13 permitted in Code chapter 535 or the rate authorized for 14 supervised financial organizations in Code chapter 537. 15 The bill authorizes a creditor to contract for and receive, 16 for an interest-bearing consumer credit transaction, a service 17 charge in an amount not to exceed the lesser of 10 percent 18 of the amount financed or $30. The bill provides that if a 19 creditor has received such a service charge, the creditor 20 shall not collect or retain a minimum charge upon prepayment 21 as authorized under Code section 537.2510. The bill specifies 22 that Code section 537.2510, relating to rebate upon prepayment, 23 does not apply to service charges collected pursuant to the 24 bill. 25 -2- LSB 1572HV (2) 88 gh/rn 2/ 2
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