House File 2218 - Introduced



                                    HOUSE FILE       
                                    BY  JOCHUM, WESSEL=KROESCHELL,
                                        MASCHER, WINCKLER, and
                                        LENSING

                                       (COMPANION TO LSB 5766SS
                                        BY BOLKCOM)


    Passed House, Date                Passed Senate,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to consumer loans, including providing for a
  2    maximum finance charge and certain reporting requirements for
  3    loans secured by a certificate of title to a motor vehicle,
  4    providing for an increase in fees for supervised loans, and
  5    making penalties applicable.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 5766HH 81
  8 kk/gg/14

PAG LIN



  1  1    Section 1.  Section 536.2, unnumbered paragraph 1, Code
  1  2 2005, is amended to read as follows:
  1  3    Application for such license shall be in writing, under
  1  4 oath, and in the form prescribed by the superintendent, and
  1  5 shall contain the name and the address (both, both of the
  1  6 residence and place of business) business, of the applicant,
  1  7 and if the applicant is a copartnership or association, of
  1  8 every member thereof, and if a corporation, of each officer
  1  9 and director thereof; also the county and municipality with
  1 10 street and number, if any, of the place where the business of
  1 11 making loans under the provisions of this chapter is to be
  1 12 conducted and such further relevant information as the
  1 13 superintendent may require.  Such applicant at the time of
  1 14 making such application shall pay to the superintendent the
  1 15 sum of fifty one hundred dollars if the liquid assets of the
  1 16 applicant are not in excess of twenty thousand dollars, and
  1 17 the sum of one hundred fifty dollars if the liquid assets of
  1 18 the applicant are in excess of twenty thousand dollars, as a
  1 19 fee for investigating the application and the additional sum
  1 20 of one hundred twenty=five seventy=five dollars if the liquid
  1 21 assets of the applicant are not in excess of twenty thousand
  1 22 dollars, and two three hundred fifty dollars if the liquid
  1 23 assets of the applicant are in excess of twenty thousand
  1 24 dollars, as an annual license fee.
  1 25    Sec. 2.  Section 536.16, subsection 1, Code 2005, is
  1 26 amended to read as follows:
  1 27    1.  Section 536.2 to the extent it requires payment of an
  1 28 annual license fee in excess of two three hundred fifty
  1 29 dollars and requires a person to prove the person has any
  1 30 dollar amount of liquid assets or the use of any dollar amount
  1 31 in the conduct of the person's business at the licensed place
  1 32 of business.
  1 33    Sec. 3.  Section 537.2401, subsection 1, Code 2005, is
  1 34 amended to read as follows:
  1 35    1.  Except as provided with respect to a finance charge for
  2  1 loans pursuant to open end credit under section 537.2402 and
  2  2 loans secured by a certificate of title to a motor vehicle
  2  3 under section 537.2403, a lender may contract for and receive
  2  4 a finance charge not exceeding the maximum charge permitted by
  2  5 the laws of this state or of the United States for similar
  2  6 lenders, and, in addition, with respect to a consumer loan, a
  2  7 supervised financial organization or a mortgage lender may
  2  8 contract for and receive a finance charge, calculated
  2  9 according to the actuarial method, not exceeding twenty=one
  2 10 percent per year on the unpaid balance of the amount financed.
  2 11 This Except as provided in section 537.2403, this subsection
  2 12 does not prohibit a lender from contracting for and receiving
  2 13 a finance charge exceeding twenty=one percent per year on the
  2 14 unpaid balance of the amount financed on consumer loans if
  2 15 authorized by other provisions of the law.
  2 16    Sec. 4.  Section 537.2402, subsection 1, Code 2005, is
  2 17 amended to read as follows:
  2 18    1.  If authorized to make supervised loans, a creditor may
  2 19 contract for and receive a finance charge without limitation
  2 20 as to amount or rate with respect to a loan pursuant to open=
  2 21 end credit as permitted in this section, except as provided in
  2 22 section 537.2403.
  2 23    Sec. 5.  NEW SECTION.  537.2403  FINANCE CHARGE AND
  2 24 REPORTING REQUIREMENTS FOR CONSUMER LOANS SECURED BY A MOTOR
  2 25 VEHICLE.
  2 26    1.  A lender shall not contract for or receive a finance
  2 27 charge exceeding twenty=one percent per year on the unpaid
  2 28 balance of the amount financed for a loan of money secured by
  2 29 a certificate of title to a motor vehicle used for personal,
  2 30 family, or household purposes except as authorized under
  2 31 chapter 536A.  A consumer who is charged a finance charge in
  2 32 excess of the limitation in this section may seek any remedies
  2 33 available pursuant to this chapter for an excess charge.
  2 34    2.  It shall be a violation of this section and an unlawful
  2 35 practice under section 714.16 to attempt to avoid application
  3  1 of this section by structuring a loan of money secured by a
  3  2 certificate of title to a motor vehicle as a sale, sale and
  3  3 repurchase, sale and lease, pawn, rental purchase, lease, or
  3  4 other type of transaction with the intent to avoid application
  3  5 of this section or any other applicable provision of this
  3  6 chapter.
  3  7    3.  The superintendent of banking shall annually collect,
  3  8 and each lender providing loans secured by a certificate of
  3  9 title to a motor vehicle shall provide, information regarding
  3 10 at least all of the following:
  3 11    a.  The total number of loans secured by a certificate of
  3 12 title to a motor vehicle by the lender.
  3 13    b.  The total monetary amount of loans secured by a
  3 14 certificate of title to a motor vehicle at each location
  3 15 providing such loans.
  3 16    c.  Affiliate relationships, if any, of each lender
  3 17 providing loans secured by a certificate of title to a motor
  3 18 vehicle with any financial institutions.
  3 19    d.  The age, ethnicity, and annual income of each consumer
  3 20 of a loan secured by a certificate of title to a motor
  3 21 vehicle.
  3 22    e.  The total number of motor vehicles repossessed as a
  3 23 result of a loan secured by a certificate of title to a motor
  3 24 vehicle.
  3 25                           EXPLANATION
  3 26    This bill relates to consumer loans including loans secured
  3 27 by a certificate of title to a motor vehicle and supervised
  3 28 loans.
  3 29    The bill increases the application and license fees by $50
  3 30 for a license to provide supervised loans under Code chapter
  3 31 536.  Under current law, loans secured by a certificate of
  3 32 title to a motor vehicle are regulated as supervised loans
  3 33 under Code chapter 536, and lenders must be licensed under
  3 34 Code chapter 536 to provide loans secured by a certificate of
  3 35 title to a motor vehicle.
  4  1    The bill prohibits a lender from contracting for or
  4  2 receiving a finance charge which exceeds 21 percent per year
  4  3 on the unpaid balance of a loan for money which is secured by
  4  4 a certificate of title to a motor vehicle.  The remedies under
  4  5 Code chapter 537 for excess charges are available to consumers
  4  6 who are charged a finance charge in excess of 21 percent per
  4  7 year for such a consumer loan.  The bill provides that an
  4  8 attempt to avoid application of the maximum finance charge on
  4  9 a loan secured by a certificate of title to a motor vehicle by
  4 10 structuring the transaction as a sale, sale and repurchase,
  4 11 sale and lease, pawn, rental purchase, or lease with the
  4 12 intent to avoid the maximum finance charge shall be considered
  4 13 a violation of the maximum finance charge and shall be
  4 14 considered a consumer fraud subject to civil penalties and
  4 15 enforcement pursuant to Code section 714.16.
  4 16    Under current law, a consumer is not obligated to pay an
  4 17 excess charge and is entitled to a refund of any excess charge
  4 18 paid.  If a consumer entitled to a refund is refused the
  4 19 refund, the consumer may recover from the creditor or other
  4 20 person liable in a civil action the excess charge and a
  4 21 penalty of not less than $100 or more than $1,000.  Under
  4 22 current law, a person who willfully and knowingly makes an
  4 23 excess charge is guilty of a serious misdemeanor.  A serious
  4 24 misdemeanor is punishable by confinement for no more than one
  4 25 year and a fine of at least $250 but not more than $1,500.
  4 26    The bill provides for certain reporting requirements by
  4 27 lenders who provide loans secured by a certificate of title to
  4 28 a motor vehicle.  The superintendent of banking shall annually
  4 29 collect information regarding the number of loans secured, the
  4 30 total monetary amount of such loans at each location,
  4 31 affiliate relationships of the lender to financial
  4 32 institutions, certain demographic information of consumers of
  4 33 such loans, and the total number of motor vehicles repossessed
  4 34 as a result of such loans.
  4 35 LSB 5766HH 81
  5  1 kk:rj/gg/14