Senate
File
132
-
Introduced
SENATE
FILE
132
BY
PETERSEN
,
SENG
,
DVORSKY
,
BEALL
,
RAGAN
,
HATCH
,
BOLKCOM
,
QUIRMBACH
,
and
MATHIS
A
BILL
FOR
An
Act
modifying
provisions
relating
to
the
regulation
of
1
delayed
deposit
services
businesses,
making
penalties
2
applicable,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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132
Section
1.
Section
533D.9,
subsection
2,
paragraph
b,
Code
1
2013,
is
amended
to
read
as
follows:
2
b.
The
annual
percentage
rate
as
computed
pursuant
to
the
3
federal
Truth
in
Lending
Act.
The
annual
percentage
rate
4
shall
not
exceed
thirty-six
percent,
as
computed
pursuant
to
5
the
federal
Truth
in
Lending
Act,
unless
a
licensee
makes
6
an
election
and
submits
to
the
indebtedness
limitations
and
7
electronic
database
reporting
requirements
specified
in
section
8
533D.10A.
9
Sec.
2.
Section
533D.9,
subsection
2,
Code
2013,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
e.
That
the
licensee
cannot
initiate
debt
12
collection
procedures,
civil
court
proceedings,
or
arbitration
13
to
collect
an
unpaid
check
unless
the
licensee
has
provided
14
the
maker
of
the
check
the
opportunity
to
repay
the
obligation
15
without
any
additional
charges,
other
than
the
penalty
provided
16
in
paragraph
“d”
of
this
subsection,
in
biweekly
payments
of
17
not
more
than
ten
percent
of
the
face
of
the
check
until
the
18
debt
is
paid
in
full.
Additionally,
that
during
this
repayment
19
period
the
licensee
may
not
transfer
or
sell
the
debt
owing
on
20
the
unpaid
check,
and
the
loan
shall
not
be
considered
to
be
21
in
default.
Further,
that
the
maker
of
the
check’s
failure
22
to
make
a
biweekly
payment
under
this
paragraph
shall
place
23
the
loan
in
default
and
the
licensee
may,
after
proper
notice,
24
exercise
rights
against
the
maker
under
the
law.
25
Sec.
3.
Section
533D.10,
subsection
1,
Code
2013,
is
amended
26
to
read
as
follows:
27
1.
A
licensee
shall
not
do
any
of
the
following:
28
a.
Hold
from
any
one
maker
more
than
two
checks
at
any
one
29
time.
30
b.
Hold
from
any
one
maker
a
check
or
checks
in
an
aggregate
31
face
amount
of
more
than
five
hundred
dollars
at
any
one
time.
32
c.
Hold
or
agree
to
hold
a
check
for
more
less
than
33
thirty-one
fourteen
days.
34
d.
Require
the
maker
to
receive
payment
by
a
method
which
35
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132
causes
the
maker
to
pay
additional
or
further
fees
and
charges
1
to
the
licensee
or
another
person.
2
e.
Repay,
refinance,
or
otherwise
consolidate
a
postdated
3
check
transaction
with
the
proceeds
of
another
postdated
check
4
transaction
made
by
the
same
licensee.
A
licensee
may
not
5
enter
into
another
transaction
with
the
maker
of
a
check
if
the
6
licensee
presently
has
a
transaction
outstanding
with
the
maker
7
or
if
the
maker
had
a
previous
transaction
with
the
licensee
8
within
two
days
of
the
new
transaction,
unless
the
licensee
has
9
provided
the
following
notice
both
verbally
and
in
writing,
10
and
the
maker
has
acknowledged
receipt
of
the
notice
with
a
11
signature
and
date:
12
Notice
to
Borrower
13
(1)
The
licensee
may
not
repay,
refinance,
or
otherwise
14
consolidate
a
postdated
check
transaction
with
the
proceeds
of
15
another
postdated
check
transaction
made
by
the
same
licensee.
16
(2)
While
a
licensee
may
charge
a
penalty
if
a
check
is
17
not
negotiable
on
the
date
agreed
upon,
the
penalty
shall
not
18
exceed
fifteen
dollars.
This
penalty
shall
only
be
collected
19
by
the
licensee
once
on
a
check
no
matter
how
long
that
check
20
remains
unpaid.
This
penalty
is
the
only
additional
charge
21
a
lender
may
charge
you
(the
borrower)
when
a
check
is
not
22
negotiable
on
the
date
agreed
upon.
23
(3)
If
your
check
is
not
negotiable
on
the
date
agreed
upon,
24
the
licensee
must
provide
you
(the
borrower)
the
opportunity
25
to
repay
the
obligation
without
any
additional
charges,
other
26
than
the
penalty
described
above,
in
biweekly
payments
of
not
27
more
than
ten
percent
of
the
face
of
the
check
until
the
debt
is
28
paid
in
full.
29
By
signing
and
dating
this
notice,
you
acknowledge
the
30
statements
above,
but
yet
still
desire
to
obtain
another
loan
31
with
the
licensee.
32
Borrower(s)
signature:
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
Date:
_
_
_
_
_
_
_
_
33
Borrower(s)
signature:
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
Date:
_
_
_
_
_
_
_
_
34
f.
Receive
any
other
charges
or
fees
in
addition
to
the
fees
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listed
in
section
533D.9,
subsections
1
and
2
.
1
g.
Initiate
debt
collection
procedures,
civil
court
2
proceedings,
or
civil
or
private
arbitration
proceedings
to
3
collect
an
unpaid
check
unless
the
licensee
has
provided
the
4
maker
the
opportunity
to
repay
the
obligation
without
any
5
additional
charges,
other
than
the
penalty
provided
in
section
6
533D.9,
subsection
2,
paragraph
“d”
,
in
biweekly
payments
of
not
7
more
than
ten
percent
of
the
face
of
the
check
until
the
debt
8
is
paid
in
full.
During
this
repayment
period
the
licensee
9
may
not
transfer
or
sell
the
debt
owing
on
the
unpaid
check,
10
and
the
loan
shall
not
be
considered
to
be
in
default.
The
11
failure
of
the
maker
of
the
check
to
make
a
biweekly
payment
as
12
required
shall
place
the
loan
in
default
and
the
licensee
may,
13
after
proper
notice,
exercise
rights
against
the
maker
under
14
the
law.
15
Sec.
4.
NEW
SECTION
.
533D.10A
Alternative
annual
percentage
16
rate
——
indebtedness
limitation
——
electronic
database.
17
1.
A
licensee
may
elect
to
impose
an
annual
percentage
rate,
18
as
computed
pursuant
to
the
federal
Truth
in
Lending
Act,
that
19
exceeds
thirty-six
percent
by
filing
with
the
superintendent
20
a
written
notice
of
intent.
An
election
pursuant
to
this
21
section
shall
apply
to
all
transactions
entered
into
by
the
22
licensee.
A
licensee
having
made
an
election
pursuant
to
this
23
section
who
desires
to
discontinue
imposition
of
an
alternative
24
interest
rate
and
consents
to
imposition
of
the
thirty-six
25
percent
annual
percentage
rate
otherwise
applicable
under
this
26
chapter,
or
a
licensee
previously
imposing
an
annual
percentage
27
rate
not
exceeding
thirty-six
percent
who
desires
to
make
an
28
election
pursuant
to
this
subsection,
may
submit
a
request
to
29
the
superintendent,
not
more
than
once
a
year.
30
2.
A
licensee
electing
to
impose
an
alternative
annual
31
percentage
rate
pursuant
to
this
section
shall
be
prohibited
32
from
entering
into
a
delayed
deposit
services
transaction
which
33
will
cause
the
maker
of
the
check,
when
all
other
delayed
34
deposit
services
transactions
entered
into
with
any
licensee
35
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132
involving
the
maker
of
the
check
are
accounted
for,
and
when
1
the
term
of
the
transaction
is
aggregated
with
the
other
2
transactions,
to
be
indebted
for
a
period
exceeding
ninety
3
days
during
the
preceding
twelve-month
period.
For
purposes
4
of
this
subsection,
if
the
maker
of
the
check
has
entered
5
into
more
than
one
delayed
deposit
services
transaction
with
6
the
same
or
another
licensee,
and
the
periods
during
which
7
the
transactions
are
outstanding
overlap,
each
day
of
each
8
respective
transaction
shall
be
counted
in
satisfying
the
9
ninety-day
restriction.
For
purposes
of
this
subsection,
if
a
10
maker
of
a
check
is
making
biweekly
payments
during
a
repayment
11
period
as
provided
in
section
533D.9,
subsection
2,
paragraph
12
“e”
,
the
repayment
period
shall
not
be
counted
in
satisfying
the
13
ninety-day
restriction.
14
3.
a.
Each
licensee
making
an
election
pursuant
to
this
15
section
shall,
by
October
1,
2013,
subscribe
to,
report
to,
and
16
utilize
an
electronic
database
tracking
service
to
be
developed
17
or
selected
pursuant
to
rules
adopted
by
the
banking
division
18
of
the
department
of
commerce,
that
permits
the
licensee
to
19
determine
whether
a
maker
of
a
check
has
an
outstanding
unpaid
20
check
or
debit
authorization
that
is,
or
reasonably
appears
to
21
be,
connected
to
a
delayed
deposit
services
transaction.
Each
22
licensee
shall
require
a
maker
of
a
check
to
sign
a
written
23
declaration
confirming
that,
pursuant
to
section
533D.10A,
24
subsection
2,
the
maker
of
the
check
is
eligible
to
enter
into
25
a
delayed
deposit
services
transaction.
26
b.
Records
of
a
licensee
and
the
electronic
database
27
tracking
service
shall
be
subject
to
review
and
examination
by
28
the
division
to
determine
whether
the
licensee
is
in
compliance
29
with
this
section
and
other
applicable
provisions
of
this
30
chapter.
31
c.
Information,
records,
and
documents
obtained
in
the
32
performance
of
the
review
and
examination,
including
the
amount
33
of
any
outstanding
unpaid
check
or
debit
authorization
and
34
the
identity
of
the
maker
of
the
check,
are
confidential
and
35
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132
shall
not
be
disclosed
by
the
division
and
are
not
subject
1
to
subpoena.
Such
information,
records,
and
documents
2
do
not
constitute
a
public
record
under
chapter
22.
The
3
superintendent
may
disclose
such
information
to
representatives
4
of
other
state
or
federal
regulatory
authorities
and
5
may
release
summary
complaint
information
so
long
as
the
6
information
does
not
specifically
identify
the
complainant.
7
The
superintendent
may
also
provide
this
information
to
the
8
attorney
general
for
purposes
of
enforcing
this
chapter.
9
Sec.
5.
EFFECTIVE
DATE.
The
following
provision
or
10
provisions
of
this
Act
take
effect
October
1,
2013:
11
1.
The
section
of
this
Act
enacting
section
533D.10A,
12
subsection
2.
13
EXPLANATION
14
This
bill
relates
to
specified
aspects
of
the
regulation
of
15
delayed
deposit
services
businesses.
16
The
bill
provides
that
the
annual
percentage
rate
applicable
17
to
delayed
deposit
services
transactions
shall
not
exceed
36
18
percent,
as
computed
pursuant
to
the
federal
Truth
in
Lending
19
Act,
unless
a
licensee
elects
to
impose
an
alternative
higher
20
rate.
This
is
the
same
percentage
rate
limitation
imposed
as
21
a
restriction
or
safeguard
for
military
personnel
pursuant
to
22
10
U.S.C.
49
§
987.
Such
an
election
shall
make
requirements
23
regarding
indebtedness
limitations
and
electronic
database
24
reporting
requirements
specified
in
a
subsequent
section
of
the
25
bill
applicable.
26
The
bill
provides
that
a
licensee
must
disclose
to
the
maker
27
of
a
check
that
the
licensee
cannot
initiate
debt
collection
28
procedures,
civil
court
proceedings,
or
arbitration
to
collect
29
an
unpaid
check
unless
the
licensee
has
provided
the
maker
30
of
a
check
the
opportunity
to
repay
the
obligation
without
31
any
charges,
other
than
the
current
$15
penalty,
in
biweekly
32
payments
of
not
more
than
10
percent
of
the
face
of
the
check
33
until
the
debt
is
paid
in
full.
The
bill
adds
that
during
this
34
repayment
period
the
licensee
cannot
sell
or
transfer
the
debt
35
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132
owing
on
the
unpaid
check
and
the
loan
shall
not
be
considered
1
to
be
in
default.
However,
if
the
maker
of
the
check
fails
2
to
honor
the
repayment
obligation,
the
bill
provides
that
the
3
loan
shall
be
placed
in
default.
The
bill
makes
the
failure
to
4
conform
with
these
provisions
a
prohibited
act
on
the
part
of
5
the
licensee,
which
could
subject
the
licensee
to
disciplinary
6
action
as
specified
in
Code
section
533D.12.
7
Additionally,
the
bill
changes
a
current
provision
that
8
prohibits
a
licensee
from
holding
or
agreeing
to
hold
a
9
check
for
more
than
31
days
to
a
modified
provision
that
the
10
licensee
cannot
hold
or
agree
to
hold
a
check
for
less
than
14
11
days.
The
bill
also
prohibits
a
licensee
from
entering
into
12
another
transaction
with
the
maker
of
a
check
who
already
has
13
a
transaction
outstanding
with
the
licensee
or
from
entering
14
into
a
new
transaction
within
two
days
of
the
conclusion
15
of
the
previous
transaction,
unless
the
maker
acknowledges
16
in
writing
specified
restrictions
relating
to
successive
17
transactions,
applicable
penalties,
and
the
opportunity
to
18
repay
the
obligation
in
installments
in
the
event
the
check
is
19
not
negotiable.
20
As
previously
indicated,
the
bill
authorizes
a
licensee
to
21
impose
an
annual
percentage
rate
which
exceeds
36
percent
by
22
filing
with
the
superintendent
of
banking
a
written
notice
23
of
intent.
If
this
election
is
made,
it
shall
apply
to
all
24
transactions
entered
into
by
the
licensee.
The
bill
provides
25
that
a
licensee
may
discontinue
imposition
of
an
alternative
26
interest
rate
and
consent
to
imposition
of
the
36
percent
rate
27
otherwise
applicable,
and
a
licensee
previously
imposing
the
28
36
percent
rate
may
elect
to
impose
the
alternative
rate,
by
29
submitting
a
request
to
the
superintendent
no
more
often
than
30
annually.
31
The
bill
provides
that
a
licensee
electing
to
impose
32
an
alternative
annual
percentage
rate
shall
be
prohibited
33
from
entering
into
a
delayed
deposit
services
transaction
34
that
results
in
the
maker
of
the
check
being
indebted
to
35
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132
the
licensee,
or
when
aggregated
with
other
delayed
deposit
1
services
business
licensees,
for
longer
than
a
90-day
period
2
during
the
preceding
12
months.
This
provision
of
the
bill
3
takes
effect
October
1,
2013.
Further,
the
bill
requires
a
4
licensee
making
the
election,
by
October
1,
2013,
to
subscribe
5
to,
report
to,
and
utilize
an
electronic
database
tracking
6
service
developed
or
selected
by
the
banking
division
of
the
7
department
of
commerce
to
monitor
the
number
of
transactions
8
entered
into
by
a
maker
of
a
check
for
purposes
of
complying
9
with
this
provision.
The
bill
states
that
licensee
records
and
10
the
database
shall
be
subject
to
review
and
examination
by
the
11
division,
and
provides
that
information,
records,
and
documents
12
obtained
by
the
division
in
the
performance
of
such
a
review
or
13
examination
shall
be
considered
confidential.
14
A
violation
of
the
bill’s
provisions
will
subject
a
licensee
15
to
existing
penalty
provisions
in
Code
chapter
533D,
including
16
possible
license
suspension
or
revocation,
a
civil
penalty
in
17
an
amount
not
to
exceed
$5,000,
an
administrative
fine
in
an
18
amount
not
to
exceed
$5,000,
and
the
criminal
penalty
of
a
19
serious
misdemeanor
punishable
by
confinement
for
no
more
than
20
one
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
21
-7-
LSB
1615XS
(3)
85
rn/sc
7/
7