Senate File 409 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO SSB 1312)


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

                                      A BILL FOR

  1 An Act relating to financial transactions including the sale of
  2    specific items used in livestock and plant production,
  3    providing for an exemption and refund of sales and use taxes,
  4    providing for a maximum finance charge on consumer loans
  5    secured by a certificate of title to a motor vehicle, making
  6    penalties applicable, and including an effective and
  7    retroactive applicability date provision.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 3621SV 81
 10 mg/cf/24

PAG LIN



  1  1    Section 1.  Section 423.3, subsection 11, unnumbered
  1  2 paragraph 1, Code 2005, is amended to read as follows:
  1  3    The sales price exclusive of services of farm machinery and
  1  4 equipment, including auxiliary attachments which improve the
  1  5 performance, safety, operation, or efficiency of the machinery
  1  6 and equipment, and including auger systems, curtains and
  1  7 curtain systems, drip systems, fan and fan systems, shutters,
  1  8 inlets and shutter or inlet systems, and refrigerators, and
  1  9 replacement parts, if all of the following conditions are met:
  1 10    Sec. 2.  Section 537.2401, subsection 1, Code 2005, is
  1 11 amended to read as follows:
  1 12    1.  Except as provided with respect to a finance charge for
  1 13 loans pursuant to open end credit under section 537.2402 and
  1 14 loans secured by a certificate of title of a motor vehicle
  1 15 under section 537.2403, a lender may contract for and receive
  1 16 a finance charge not exceeding the maximum charge permitted by
  1 17 the laws of this state or of the United States for similar
  1 18 lenders, and, in addition, with respect to a consumer loan, a
  1 19 supervised financial organization or a mortgage lender may
  1 20 contract for and receive a finance charge, calculated
  1 21 according to the actuarial method, not exceeding twenty=one
  1 22 percent per year on the unpaid balance of the amount financed.
  1 23 This Except as provided in section 537.2403, this subsection
  1 24 does not prohibit a lender from contracting for and receiving
  1 25 a finance charge exceeding twenty=one percent per year on the
  1 26 unpaid balance of the amount financed on consumer loans if
  1 27 authorized by other provisions of the law.
  1 28    Sec. 3.  Section 537.2402, subsection 1, Code 2005, is
  1 29 amended to read as follows:
  1 30    1.  If authorized to make supervised loans, a creditor may
  1 31 contract for and receive a finance charge without limitation
  1 32 as to amount or rate with respect to a loan pursuant to open=
  1 33 end credit as permitted in this section except as provided in
  1 34 section 537.2403.
  1 35    Sec. 4.  NEW SECTION.  537.2403  FINANCE CHARGE FOR
  2  1 CONSUMER LOANS SECURED BY A MOTOR VEHICLE.
  2  2    1.  A lender shall not contract for or receive a finance
  2  3 charge exceeding twenty=one percent per year on the unpaid
  2  4 balance of the amount financed for a loan of money secured by
  2  5 a certificate of title to a motor vehicle used for personal,
  2  6 family, or household purpose except as authorized under
  2  7 chapter 536 or 536A.  A consumer who is charged a finance
  2  8 charge in excess of the limitation in this section may seek
  2  9 any remedies available pursuant to this chapter for an excess
  2 10 charge.
  2 11    2.  It shall be a violation of this section and an unlawful
  2 12 practice under section 714.16 to attempt to avoid application
  2 13 of this section by structuring a loan of money secured by
  2 14 certificate of title to a motor vehicle as a sale, sale and
  2 15 repurchase, sale and lease, pawn, rental purchase, lease, or
  2 16 other type of transaction with the intent to avoid application
  2 17 of this section or any other applicable provision of this
  2 18 chapter.
  2 19    Sec. 5.  REFUNDS.  Refunds of taxes, interest, or penalties
  2 20 which arise from claims resulting from the amendment of
  2 21 section 423.3, subsection 11, in this Act, for the exemption
  2 22 of sales of auger systems, curtains and curtain systems, drip
  2 23 systems, fan and fan systems, shutters, inlets and shutter or
  2 24 inlet systems, and refrigerators occurring between January 1,
  2 25 1992, and the effective date of this Act, shall be limited to
  2 26 twenty=five thousand dollars in the aggregate and shall not be
  2 27 allowed unless refund claims are filed prior to October 1,
  2 28 2005, notwithstanding any other provision of law.  If the
  2 29 amount of claims totals more than twenty=five thousand dollars
  2 30 in the aggregate, the department of revenue shall prorate the
  2 31 twenty=five thousand dollars among all claimants in relation
  2 32 to the amounts of the claimants' valid claims.  Claimants
  2 33 shall not be entitled to interest on any refunds.
  2 34    Sec. 6.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
  2 35 PROVISION.  This Act, being deemed of immediate importance,
  3  1 takes effect upon enactment and applies retroactively to
  3  2 January 1, 1992.
  3  3                           EXPLANATION
  3  4    This bill relates to financial transactions involving
  3  5 certain equipment and motor vehicle sales and loan
  3  6 transactions.
  3  7    The bill adds to the exemption from the sales and use taxes
  3  8 of the sales of farm machinery and equipment to include auger
  3  9 systems, curtains and curtain systems, drip systems, fans and
  3 10 fan systems, shutters, inlets and shutter or inlet systems,
  3 11 and refrigerators.  The exemption of these additional items is
  3 12 retroactive to sales occurring on or after January 1, 1992.
  3 13 Because of the retroactivity, a provision for refund of taxes,
  3 14 interest, and penalties is included in the bill.  However, the
  3 15 claims for refunds are limited to $25,000 in the aggregate,
  3 16 and claims must be filed by October 1, 2005.
  3 17    The bill relates to the maximum finance charge allowed for
  3 18 consumer loans secured by a certificate of title to a motor
  3 19 vehicle.  The bill prohibits a lender from contracting for or
  3 20 receiving a finance charge which exceeds 21 percent per year
  3 21 on the unpaid balance of a loan for money which is secured by
  3 22 a certificate of title to a motor vehicle.  The remedies under
  3 23 Code chapter 537 for excess charges are available to consumers
  3 24 who are charged a finance charge in excess of 21 percent per
  3 25 year for such a consumer loan.  The bill provides that an
  3 26 attempt to avoid application of the maximum finance charge on
  3 27 a loan secured by a certificate of title to a motor vehicle by
  3 28 structuring the transaction as a sale, sale and repurchase,
  3 29 sale and lease, pawn, rental purchase, or lease with the
  3 30 intent to avoid the maximum finance charge shall be considered
  3 31 a violation of the maximum finance charge and shall be
  3 32 considered a consumer fraud subject to civil penalties and
  3 33 enforcement pursuant to Code section 714.16.
  3 34    Under current law, a consumer is not obligated to pay an
  3 35 excess charge and is entitled to a refund of any excess charge
  4  1 paid.  If a consumer entitled to a refund is refused the
  4  2 refund, the consumer may recover from the creditor or other
  4  3 person liable in a civil action the excess charge and a
  4  4 penalty of not less than $100 or more than $1,000.  Under
  4  5 current law, a person who willfully and knowingly makes an
  4  6 excess charge is guilty of a serious misdemeanor.  A serious
  4  7 misdemeanor is punishable by confinement for no more than one
  4  8 year and a fine of at least $250 but not more than $1,500.
  4  9    The bill takes effect upon enactment and applies
  4 10 retroactively to January 1, 1992.
  4 11 LSB 3621SV 81
  4 12 mg:rj/cf/24