House File 501 - Introduced



                                       HOUSE FILE       
                                       BY  SHOULTZ


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

                                      A BILL FOR

  1 An Act prohibiting payday lending and providing for penalties.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1900HH 81
  4 kk/gg/14

PAG LIN



  1  1    Section 1.  Section 524.211, subsection 2 and 4, Code 2005,
  1  2 are amended to read as follows:
  1  3    2.  The superintendent, general counsel, examiners, and
  1  4 other employees assigned to the finance bureau of the banking
  1  5 division are prohibited from obtaining a loan of money or
  1  6 property from a person or entity licensed pursuant to chapter
  1  7 533A, 533D, 536, or 536A, or a person or entity affiliated
  1  8 with such licensee.
  1  9    4.  Examiners and other employees assigned to the bank
  1 10 bureau of the banking division who have credit relations with
  1 11 a person or entity licensed pursuant to chapter 533A, 533D,
  1 12 536, or 536A, or with a person or entity affiliated with such
  1 13 licensee, are prohibited from participating in decisions,
  1 14 oversight, and official review of matters concerning the
  1 15 regulation of the licensee.
  1 16    Sec. 2.  Section 533C.103, subsection 11, Code 2005, is
  1 17 amended by striking the subsection.
  1 18    Sec. 3.  NEW SECTION.  536B.1  TITLE.
  1 19    This chapter shall be known and may be cited as the "Payday
  1 20 Lending Prohibition Act".
  1 21    Sec. 4.  NEW SECTION.  536B.2  FINDINGS AND PURPOSE.
  1 22    1.  The general assembly finds all of the following:
  1 23    a.  Payday lenders typically charge effective interest
  1 24 rates of over four hundred percent per year.
  1 25    b.  Payday lenders typically make most of their profits by
  1 26 allowing borrowers to become caught in a cycle of revolving
  1 27 debt.
  1 28    c.  Some payday lenders have created schemes to disguise
  1 29 payday loan transactions or cause payday loan transactions to
  1 30 appear to be made by a financial institution chartered in
  1 31 another state.
  1 32    d.  The problem of predatory payday lending has increased
  1 33 rapidly over the last several years.
  1 34    2.  The purpose of this chapter is to protect consumers
  1 35 from predatory terms and tactics employed in the lending and
  2  1 collection of payday loans.
  2  2    Sec. 5.  NEW SECTION.  536B.3  DEFINITIONS.
  2  3    For purposes of this chapter, unless the context otherwise
  2  4 requires:
  2  5    1.  "Check" means a check, draft, share draft, or other
  2  6 instrument for the payment of money.
  2  7    2.  "Payday lending services" means the performance of
  2  8 either of the following services for a fee:
  2  9    a.  Acceptance of a check dated subsequent to the date it
  2 10 was written.
  2 11    b.  Acceptance of a check dated on the date it was written
  2 12 and holding the check for a period of time prior to deposit or
  2 13 presentment pursuant to an agreement with, or any
  2 14 representation made to, the maker of the check, whether
  2 15 express or implied.
  2 16    3.  "Person" means the same as defined in section 4.1.
  2 17    4.  "Superintendent" means the superintendent of banking.
  2 18    Sec. 6.  NEW SECTION.  536B.4  PAYDAY LENDING PROHIBITION.
  2 19    It is unlawful for a person to engage in a business that
  2 20 consists in whole or in part of making, offering, arranging,
  2 21 or acting as an agent in, the provision of payday lending
  2 22 services.  This prohibition shall not apply to persons who do
  2 23 not hold themselves out to the public as being in the business
  2 24 of making loans or providing payday lending services.
  2 25    Sec. 7.  NEW SECTION.  536B.5  ENFORCEMENT.
  2 26    The superintendent, with the assistance of the attorney
  2 27 general, shall enforce the provisions of this chapter.
  2 28    Sec. 8.  NEW SECTION.  536B.6  VIOLATIONS == PENALTIES.
  2 29    1.  A person who violates any provision of this chapter or
  2 30 the rules adopted pursuant to this chapter is guilty of a
  2 31 serious misdemeanor.  Each payday lending service transaction
  2 32 shall be deemed a separate violation under this chapter.  A
  2 33 person who commits a second or subsequent violation of this
  2 34 chapter is guilty of a class "D" felony.
  2 35    2.  A person who receives payday lending services which
  3  1 were performed in violation of this chapter may seek any
  3  2 damages suffered as a result of the violation including
  3  3 attorney fees and court costs.
  3  4    Sec. 9.  NEW SECTION.  536B.7  RULES.
  3  5    The superintendent shall adopt rules necessary to implement
  3  6 and enforce this chapter.
  3  7    Sec. 10.  Section 537.7102, subsection 3, Code 2005, is
  3  8 amended to read as follows:
  3  9    3.  "Debt" means an actual or alleged obligation arising
  3 10 out of a consumer credit transaction, consumer rental purchase
  3 11 agreement, or a transaction which would have been a consumer
  3 12 credit transaction either if a finance charge was made, if the
  3 13 obligation was not payable in installments, if a lease was for
  3 14 a term of four months or less, or if a lease was of an
  3 15 interest in land.  A debt includes a check as defined in
  3 16 section 554.3104 given in a transaction in connection with a
  3 17 consumer rental purchase agreement, in a transaction which was
  3 18 a consumer credit sale, or in a transaction which would have
  3 19 been a consumer credit sale if credit was granted and if a
  3 20 finance charge was made, or in a transaction regulated under
  3 21 chapter 533D.
  3 22    Sec. 11.  Chapter 533D, Code 2005, is repealed.
  3 23    Sec. 12.  TRANSITION PROVISIONS.  A person licensed
  3 24 pursuant to chapter 533D, Code 2005, shall not initiate or
  3 25 renew a transaction for delayed deposit services on or after
  3 26 July 1, 2005.  Loans outstanding on or after July 1, 2005,
  3 27 shall be enforceable upon the agreed terms of the loan.
  3 28 Licensees shall surrender licenses issued pursuant to chapter
  3 29 533D to the superintendent by August 1, 2005.  The
  3 30 superintendent shall provide written notification of the
  3 31 requirements of this section to all persons licensed under
  3 32 chapter 533D within thirty days after enactment of this Act.
  3 33                           EXPLANATION
  3 34    This bill relates to payday lending services which are also
  3 35 referred to as delayed deposit services.  The bill, in new
  4  1 Code chapter 536B, provides a list of findings by the general
  4  2 assembly related to the effects of payday loans on consumers
  4  3 in this state and provides a purpose of protecting consumers
  4  4 from predatory terms and tactics used in the lending and
  4  5 collection of payday loans.
  4  6    The bill prohibits a person from engaging in a business
  4  7 that makes, offers, or arranges, or acts as an agent in, the
  4  8 provision of payday lending services.  The bill defines
  4  9 "payday lending services" as the acceptance of a check dated
  4 10 subsequent to the date the check was written or acceptance of
  4 11 a check dated on the date the check was written but holding
  4 12 the check for a period of time prior to deposit pursuant to an
  4 13 agreement.  Persons who do not hold themselves out as being in
  4 14 the business of making loans are not subject to new Code
  4 15 chapter 536B.
  4 16    The bill provides for the enforcement of new Code chapter
  4 17 536B by the superintendent of banking with assistance from the
  4 18 attorney general.  A person who violates any provision of Code
  4 19 chapter 536B is guilty of a serious misdemeanor.  A serious
  4 20 misdemeanor is punishable by confinement for no more than one
  4 21 year and a fine of at least $250 but not more than $1,500.  A
  4 22 person who commits a second or subsequent violation is guilty
  4 23 of a class "D" felony.  A class "D" felony is punishable by
  4 24 confinement for no more than five years and a fine of at least
  4 25 $750 but not more than $7,500.  The superintendent of banking
  4 26 shall adopt rules as necessary.
  4 27    The bill repeals Code chapter 533D relating to the
  4 28 licensing and regulation of delayed deposit services
  4 29 businesses.  Persons licensed under current law to provide
  4 30 delayed deposit services may not initiate or renew a loan
  4 31 transaction on or after July 1, 2005, and must surrender
  4 32 licenses issued under Code chapter 533D by August 1, 2005.
  4 33 However, loan transactions initiated prior to July 1, 2005,
  4 34 are enforceable under the terms of the loan.  The
  4 35 superintendent is required to provide written notification of
  5  1 the transition provisions to all persons licensed under Code
  5  2 chapter 533D within 30 days after enactment.
  5  3 LSB 1900HH 81
  5  4 kk:nh/gg/14