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Senate Study Bill 52

Bill Text

PAG LIN
  1  1    Section 1.  Section 537.2501, subsection 1, Code 1997, is
  1  2 amended by adding the following new paragraph h and
  1  3 relettering the existing paragraph h as paragraph i:
  1  4    NEW PARAGRAPH.  h.  Annual account maintenance fees not to
  1  5 exceed fifteen dollars, payable in advance, charged by a
  1  6 credit union organized under chapter 533 or federal law, a
  1  7 savings and loan association incorporated under chapter 534 or
  1  8 federal law, a state bank incorporated under chapter 524 or a
  1  9 national bank chartered pursuant to 12 U.S.C. } 21 et seq. for
  1 10 the privilege of maintaining a demand deposit account with a
  1 11 line of credit or home equity line of credit, as defined in
  1 12 section 535.10, that may be accessed by the account holder.
  1 13 The fees provided for in this paragraph shall not be
  1 14 contracted for or collected on any account established to
  1 15 provide the account holder with open-end credit pursuant to a
  1 16 credit card where the card issuer receives an annual fee
  1 17 pursuant to paragraph "d", or any account established to
  1 18 provide the account holder with a home equity line of credit
  1 19 where the lender receives an annual account maintenance fee on
  1 20 such account pursuant to section 535.10, subsection 3.  If a
  1 21 financial institution charges an account maintenance fee
  1 22 pursuant to this paragraph for the privilege of maintaining a
  1 23 demand deposit account with a line of credit or a home equity
  1 24 line of credit that may be accessed by an account holder, then
  1 25 such accounts shall be made available to all customers of the
  1 26 financial institution maintaining a demand deposit account
  1 27 with the financial institution who qualify for extensions of
  1 28 credit under the same standards and policies of the financial
  1 29 institution with respect to the line of credit or home equity
  1 30 line of credit as applied to that account holder.
  1 31    Sec. 2.  Section 537.2501, subsection 1, Code 1997, is
  1 32 amended by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  j.  With respect to a consumer loan, a
  1 34 commitment fee, closing fee, processing fee, or documentation
  1 35 fee not exceeding fifteen dollars, agreed to in writing by the
  2  1 creditor and the consumer.  However, these charges do not
  2  2 apply to open-end credit obtained pursuant to a credit card
  2  3 which entitles the cardholder to purchase or lease goods or
  2  4 services from at least one hundred persons not related to the
  2  5 card issuer.  
  2  6                           EXPLANATION
  2  7    This bill amends Code section 537.2501 which relates to
  2  8 additional charges which a creditor may contract for and
  2  9 receive on certain consumer credit transactions.
  2 10    The bill provides that account maintenance fees not to
  2 11 exceed $15 and charged on accounts at financial institutions
  2 12 for "line of credit" or "overdraft loan" checking accounts are
  2 13 additional charges permitted in consumer credit transactions.
  2 14 The bill also provides that the fee provided for in this
  2 15 section cannot be collected on an open-end credit account
  2 16 pursuant to a credit card where the card issuer receives an
  2 17 annual fee pursuant to Code section 537.2501, subsection 1,
  2 18 paragraph "d", or a home equity line of credit where the
  2 19 lender receives an annual account maintenance fee pursuant to
  2 20 Code section 535.10.
  2 21    The bill permits a creditor in a consumer loan transaction
  2 22 to contract for and receive a commitment fee, closing fee,
  2 23 processing fee, or documentation fee.  The fee cannot exceed
  2 24 $15, must be agreed to in writing, and does not apply to open-
  2 25 end credit obtained pursuant to a credit card which entitles
  2 26 the cardholder to purchase or lease goods or services from at
  2 27 least 100 persons not related to the card issuer.  
  2 28 LSB 1824SC 77
  2 29 mj/jw/5
     

Text: SSB00051                          Text: SSB00053
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