Text: SF00471                           Text: SF00473
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 472

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  524.218A  PRODUCTION OF RECORDS.
  1  2    1.  A state bank shall provide a reasonable number of
  1  3 copies of any record in the custody of the state bank,
  1  4 relating to a borrower or customer, upon the request of the
  1  5 borrower or customer, the authorized agent or trustee of the
  1  6 borrower or customer, or a person who holds a power of
  1  7 attorney granted by the borrower or customer, upon the payment
  1  8 of a fee, within ten business days of the request.  The state
  1  9 bank may extend the time for response for one additional ten-
  1 10 day period, if the state bank informs the person making the
  1 11 request, in writing, of the need for the additional time and
  1 12 the date by which the records or copies will be available.
  1 13 The superintendent shall provide by rule for sanctions for
  1 14 noncompliance.
  1 15    2.  The fee for the copying service as determined by the
  1 16 state bank shall not exceed the cost of providing the service,
  1 17 including labor expended to locate the record and perform the
  1 18 copying, and shall be at a rate usual and customary for
  1 19 performing work of a clerical nature.  The commissioner may
  1 20 establish a maximum copying service charge by rule.
  1 21    3.  As used in this section, "records" includes but is not
  1 22 limited to statements of account, applications for credit,
  1 23 loan documents, mortgages or other evidence of indebtedness,
  1 24 alternative mortgages regulated under chapter 528, letters of
  1 25 credit, certificates of deposit, and descriptions of stock or
  1 26 other items of value held for collateral, whether in the
  1 27 possession of the bank or in the possession of the borrower.
  1 28 "Records" does not include any electronic personal identifier
  1 29 issued to the borrower or customer by the state bank for
  1 30 access or security purposes.
  1 31    4.  If the state bank has possession of an abstract of
  1 32 title for real estate, the abstract shall be maintained in a
  1 33 location from which the abstract can be recalled within ten
  1 34 business days of a request submitted by a person as provided
  1 35 in subsection 1.
  2  1    Sec. 2.  Section 524.1204, Code 2001, is amended by adding
  2  2 the following new unnumbered paragraph:
  2  3    NEW UNNUMBERED PARAGRAPH.  National banks doing business in
  2  4 this state shall comply with the production of records
  2  5 requirements in section 524.218A.
  2  6    Sec. 3.  NEW SECTION.  533.40  PRODUCTION OF RECORDS.
  2  7    1.  A credit union regulated under this chapter and doing
  2  8 business in this state, including a federal credit union,
  2  9 shall provide a reasonable number of copies of any record in
  2 10 the custody of the credit union, relating to a borrower or
  2 11 customer, upon the request of the borrower or customer, the
  2 12 authorized agent or trustee of the borrower or customer, a
  2 13 person who holds a power of attorney granted by the borrower
  2 14 or customer, or a person authorized by a state or federal
  2 15 court, upon the payment of a fee, within ten business days of
  2 16 the request.  The credit union may extend the time for
  2 17 response for one additional ten-day period, if the credit
  2 18 union informs the person making the request, in writing, of
  2 19 the need for the additional time and the date by which the
  2 20 records or copies will be available.  The superintendent shall
  2 21 provide by rule for sanctions for noncompliance.
  2 22    2.  The fee for the copying service as determined by the
  2 23 credit union shall not exceed the cost of providing the
  2 24 service, including labor expended to locate the record and
  2 25 perform the copying, and shall be at a rate usual and
  2 26 customary for performing work of a clerical nature.  The
  2 27 commissioner may establish a maximum charge by rule.
  2 28    3.  As used in this section, "records" includes but is not
  2 29 limited to statements of account, applications for credit,
  2 30 loan documents, mortgages or other evidence of indebtedness,
  2 31 alternative mortgages regulated under chapter 528, letters of
  2 32 credit, certificates of deposit, and descriptions of stock or
  2 33 other items of value held for collateral, whether in the
  2 34 possession of the credit union or in the possession of the
  2 35 borrower.  "Records" does not include any electronic personal
  3  1 identifier issued to the borrower or customer by the credit
  3  2 union for access or security purposes.
  3  3    4.  If the credit union has possession of an abstract of
  3  4 title for real estate, the abstract shall be maintained in a
  3  5 location from which the abstract can be recalled within ten
  3  6 business days of a request submitted by a person as provided
  3  7 in subsection 1.
  3  8    Sec. 4.  NEW SECTION.  534.410  PRODUCTION OF RECORDS.
  3  9    1.  An association doing business in this state, including
  3 10 a federal savings and loan association incorporated under the
  3 11 Home Owners' Loan Act of 1933, 12 U.S.C. } 1461-1468, as
  3 12 amended, shall provide a reasonable number of copies of any
  3 13 record in the custody of the association, relating to a
  3 14 borrower or customer, upon the request of the borrower or
  3 15 customer, the authorized agent or trustee of the borrower or
  3 16 customer, a person who holds a power of attorney granted by
  3 17 the borrower or customer, or a person authorized by a state or
  3 18 federal court, upon the payment of a fee, within ten business
  3 19 days of the request.  The association may extend the time for
  3 20 response for one additional ten-day period, if the association
  3 21 informs the person making the request, in writing, of the need
  3 22 for the additional time and the date by which the records or
  3 23 copies will be available.  The superintendent shall provide by
  3 24 rule for sanctions for noncompliance.
  3 25    2.  The fee for the copying service as determined by the
  3 26 association shall not exceed the cost of providing the
  3 27 service, including labor expended to locate the record and
  3 28 perform the copying, and shall be at a rate usual and
  3 29 customary for performing work of a clerical nature, and the
  3 30 commissioner may establish a maximum charge by rule.
  3 31    3.  As used in this section, "records" includes but is not
  3 32 limited to statements of account, applications for credit,
  3 33 loan documents, mortgages or other evidence of indebtedness,
  3 34 alternative mortgages regulated under chapter 528, letters of
  3 35 credit, certificates of deposit, and descriptions of stock or
  4  1 other items of value held for collateral, whether in the
  4  2 possession of the association or in the possession of the
  4  3 borrower.  "Records" does not include any electronic personal
  4  4 identifier issued to the borrower or customer by the
  4  5 association for access or security purposes.
  4  6    4.  If the association has possession of an abstract of
  4  7 title for real estate, the abstract shall be maintained in a
  4  8 location from which the abstract can be recalled within ten
  4  9 business days of a request submitted by a person as provided
  4 10 in subsection 1.
  4 11    Sec. 5.  NEW SECTION.  536.17  PRODUCTION OF RECORDS.
  4 12    1.  A licensee doing business in this state shall provide a
  4 13 reasonable number of copies of any record in the custody of
  4 14 the licensee, relating to a borrower or customer, upon the
  4 15 request of the borrower or customer, the authorized agent or
  4 16 trustee of the borrower or customer, a person who holds a
  4 17 power of attorney granted by the borrower or customer, or a
  4 18 person authorized by a state or federal court, upon the
  4 19 payment of a fee, within ten business days of the request.
  4 20 The licensee may extend the time for response for one
  4 21 additional ten-day period, if the licensee informs the person
  4 22 making the request, in writing, of the need for the additional
  4 23 time and the date by which the records or copies will be
  4 24 available.  The superintendent shall provide by rule for
  4 25 sanctions for noncompliance.
  4 26    2.  The fee for the copying service as determined by the
  4 27 licensee shall not exceed the cost of providing the service,
  4 28 including labor expended to locate the record and perform the
  4 29 copying, and shall be at a rate usual and customary for
  4 30 performing work of a clerical nature, and the commissioner may
  4 31 establish a maximum charge by rule.
  4 32    3.  As used in this section, "records" includes but is not
  4 33 limited to statements of account, applications for credit,
  4 34 loan documents, mortgages or other evidence of indebtedness,
  4 35 alternative mortgages regulated under chapter 528, letters of
  5  1 credit, certificates of deposit, and descriptions of stock or
  5  2 other items of value held for collateral, whether in the
  5  3 possession of the association or in the possession of the
  5  4 borrower.  "Records" does not include any electronic personal
  5  5 identifier issued to the customer by the licensee for access
  5  6 or security purposes.
  5  7    4.  If the licensee has possession of an abstract of title
  5  8 for real estate, the abstract shall be maintained in a
  5  9 location from which the abstract can be recalled within ten
  5 10 business days of a request submitted by a person as provided
  5 11 in subsection 1.
  5 12    Sec. 6.  Section 536A.23, Code 2001, is amended by adding
  5 13 the following new subsection:
  5 14    NEW SUBSECTION.  6.  Industrial loan companies licensed
  5 15 under this chapter shall comply with the production of records
  5 16 requirements in section 536.17.
  5 17    Sec. 7.  NEW SECTION.  537.1111  PRODUCTION OF RECORDS.
  5 18    1.  A person subject to the requirements of this chapter as
  5 19 provided in section 537.6102, shall provide a reasonable
  5 20 number of copies of any record in the custody of the person,
  5 21 relating to a particular consumer, upon the request of the
  5 22 consumer, the authorized agent or trustee of the consumer, a
  5 23 person who holds a power of attorney granted by the consumer,
  5 24 or a person authorized by a state or federal court, upon the
  5 25 payment of a fee, within ten business days of the request.
  5 26 The person may extend the time for response for one additional
  5 27 ten-day period, if the person informs the person making the
  5 28 request, in writing, of the need for the additional time and
  5 29 the date by which the records or copies will be available.
  5 30 The administrator shall provide by rule for sanctions for
  5 31 noncompliance.
  5 32    2.  The fee for the copying service as determined by the
  5 33 person shall not exceed the cost of providing the service,
  5 34 including labor expended to locate the record and perform the
  5 35 copying, and shall be at a rate usual and customary for
  6  1 performing work of a clerical nature, and the administrator
  6  2 may establish a maximum charge by rule.
  6  3    3.  As used in this section, "records" includes but is not
  6  4 limited to statements of account, applications for credit,
  6  5 leases, consumer rental purchase agreements, loan documents,
  6  6 mortgages or other evidence of indebtedness, retail
  6  7 installment sale contracts, letters of credit, certificates of
  6  8 deposit, and descriptions of stock or other items of value
  6  9 held for collateral, whether in the possession of the person
  6 10 or in the possession of the consumer or person subject to this
  6 11 chapter.  "Records" does not include any electronic personal
  6 12 identifier issued to the consumer by the person for access or
  6 13 security purposes.
  6 14    4.  If the person has possession of an abstract of title
  6 15 for real estate, the abstract shall be maintained in a
  6 16 location from which the abstract can be recalled within ten
  6 17 business days of a request submitted as provided in subsection
  6 18 1.  
  6 19                           EXPLANATION
  6 20    This bill makes changes that require banks, credit unions,
  6 21 savings and loan associations, regulated loan companies,
  6 22 industrial loan companies, and persons who supply consumer
  6 23 credit to produce copies of records related to a borrower,
  6 24 customer, or consumer, or certain persons on behalf of the
  6 25 borrower, customer, or consumer, within 10 business days of a
  6 26 request.  The banks, credit unions, savings and loan
  6 27 associations, regulated loan companies, industrial loan
  6 28 companies, and persons who supply consumer credit may extend
  6 29 the time for response for one additional 10-day period, if the
  6 30 person informs the person making the request, in writing, of
  6 31 the need for the additional time and the date by which the
  6 32 records or copies will be available.  The administrator shall
  6 33 provide by rule for sanctions for noncompliance.
  6 34    The banks, credit unions, savings and loan associations,
  6 35 regulated loan companies, industrial loan companies, and
  7  1 persons who supply consumer credit may charge a fee for the
  7  2 copying service that shall not exceed the cost of providing
  7  3 the service, including labor expended to locate the record and
  7  4 perform the copying.  The fee shall be at a rate usual and
  7  5 customary for performing work of a clerical nature, and the
  7  6 commissioner of banking may establish a maximum charge by
  7  7 rule.
  7  8    The bill defines "records" as statements of account,
  7  9 applications for credit, loan documents, mortgages or other
  7 10 evidence of indebtedness, alternative mortgages regulated by
  7 11 Code chapter 528, letters of credit, certificates of deposit,
  7 12 consumer rental purchase agreements, retail installment sales
  7 13 contracts, and descriptions of stock or other items of value
  7 14 held for collateral.  However, "records" does not include any
  7 15 electronic personal identifier issued to the customer for
  7 16 access or security purposes.  
  7 17 LSB 1981XS 79
  7 18 vl/cf/24
     

Text: SF00471                           Text: SF00473
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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