House File 592 - Introduced



                                       HOUSE FILE       
                                       BY  LUKAN


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

                                      A BILL FOR

  1 An Act relating to consumer credit, by updating references in the
  2    consumer credit code, changing specified dollar amounts and
  3    fee levels, providing for a method of periodic dollar amount
  4    increases, specifying a valuation increase method applicable
  5    to certain provisions, and prohibiting rent=to=own car
  6    transactions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 2653HH 82
  9 rn/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  537.1204  CHANGE OF
  1  2 JURISDICTIONAL AMOUNTS == CONSUMER PRICE INDEX.
  1  3    1.  For purposes of this section, unless the context
  1  4 otherwise requires:
  1  5    a.  "Index" means the consumer price index for all urban
  1  6 consumers, United States city average, as published in the
  1  7 federal register by the federal department of labor, bureau of
  1  8 labor statistics.
  1  9    b.  "Reference base index" means the index for December,
  1 10 1976.
  1 11    c.  "Specified dollar amounts" means the dollar amounts
  1 12 contained in section 537.1301, subsection 13, paragraph "a",
  1 13 subparagraph (5); section 537.1301, subsection 14, paragraph
  1 14 "a", subparagraph (4); section 537.1301, subsection 15,
  1 15 paragraph "a", subparagraph (5); and section 537.3604,
  1 16 subsection 8, paragraph "e".
  1 17    2.  Specified dollar amounts in this chapter referencing
  1 18 this section shall be subject to periodic increase as provided
  1 19 in this section.
  1 20    3.  The specified dollar amounts shall change on July 1 of
  1 21 each even=numbered year if the percentage change, calculated
  1 22 to the nearest whole percentage point, between the index at
  1 23 the end of the preceding year and the reference base index is
  1 24 ten percent or more, but the portion of the percentage change
  1 25 in the index in excess of a multiple of ten percent shall be
  1 26 disregarded and the dollar amount shall change only in
  1 27 multiples of ten percent of the specified dollar amounts.
  1 28    4.  If the index is revised, the percentage change shall be
  1 29 calculated on the basis of the revised index.  If a revision
  1 30 of the index changes the reference base index, a revised
  1 31 reference base index shall be determined by multiplying the
  1 32 reference base index then applicable by the rebasing factor
  1 33 furnished by the bureau of labor statistics.  If the index is
  1 34 superseded, the index referred to in this section is the one
  1 35 represented by the bureau of labor statistics as reflecting
  2  1 most accurately changes in the purchasing power of the dollar
  2  2 for consumers.
  2  3    5.  The administrator, as defined in section 537.6103,
  2  4 shall cause to be published in the administrative bulletin:
  2  5    a.  On or before April 30 of each year in which dollar
  2  6 amounts are to change, notice of the changes made pursuant to
  2  7 subsection 3.
  2  8    b.  Promptly after a change occurs, notice of the changes
  2  9 in the index required pursuant to subsection 4, including, if
  2 10 applicable, the numerical equivalent of the reference base
  2 11 index under a revised reference base index and the designation
  2 12 or title of any superseding index.
  2 13    Sec. 2.  Section 537.1301, subsection 13, paragraph a,
  2 14 subparagraph (5), Code 2007, is amended to read as follows:
  2 15    (5)  With respect to a sale of goods or services, the
  2 16 amount financed does not exceed twenty=five seventy=five
  2 17 thousand dollars, which amount shall be subject to section
  2 18 537.1204.
  2 19    Sec. 3.  Section 537.1301, subsection 14, paragraph a,
  2 20 subparagraph (4), Code 2007, is amended to read as follows:
  2 21    (4)  The amount payable under the lease does not exceed
  2 22 twenty=five seventy=five thousand dollars, which amount shall
  2 23 be subject to section 537.1204.
  2 24    Sec. 4.  Section 537.1301, subsection 15, paragraph a,
  2 25 subparagraph (5), Code 2007, is amended to read as follows:
  2 26    (5)  The amount financed does not exceed twenty=five
  2 27 seventy=five thousand dollars, which amount shall be subject
  2 28 to section 537.1204, or the debt is secured by an interest in
  2 29 land.
  2 30    Sec. 5.  Section 537.1302, Code 2007, is amended to read as
  2 31 follows:
  2 32    537.1302  DEFINITION == TRUTH IN LENDING ACT.
  2 33    As used in this chapter, "Truth in Lending Act" means Title
  2 34 1 of the Consumer Credit Protection Act, in subchapter 1 of 15
  2 35 U.S.C. ch. 41, as amended to and including January 1, 1998
  3  1 2007, and includes regulations issued pursuant to that Act
  3  2 prior to January 1, 1998 2007.
  3  3    Sec. 6.  NEW SECTION.  537.3603A  RENTAL PURCHASE
  3  4 AGREEMENTS INVOLVING MOTOR VEHICLES PROHIBITED.
  3  5    Rental purchase agreements involving motor vehicles as
  3  6 defined in section 321.1, subsection 42, paragraph "a", are
  3  7 prohibited under this part.
  3  8    Sec. 7.  Section 537.3604, subsection 8, paragraph e, Code
  3  9 2007, is amended to read as follows:
  3 10    e.  The amount payable under the consumer rental purchase
  3 11 agreement does not exceed twenty=five seventy=five thousand
  3 12 dollars, which amount shall be subject to section 537.1204.
  3 13    Sec. 8.  Section 537.6203, subsection 1, Code 2007, is
  3 14 amended to read as follows:
  3 15    1.  A person required to file notification shall pay to the
  3 16 administrator an annual fee of ten two hundred dollars.  The
  3 17 fee shall be paid with the filing of the first notification
  3 18 and on or before January 31 of each succeeding year.
  3 19                           EXPLANATION
  3 20    This bill makes changes to several provisions included
  3 21 within Code chapter 537, the consumer credit code.
  3 22    The bill changes current dollar amounts of $25,000 to the
  3 23 amount of $75,000 contained in specified Code provisions
  3 24 defining a consumer sale, a consumer lease, a consumer loan,
  3 25 and a consumer rental purchase agreement, for purposes of the
  3 26 scope of the consumer credit code.  The bill makes these
  3 27 dollar amounts subject to periodic increases pursuant to a
  3 28 formula specified in the bill tied to increases in the
  3 29 consumer price index, as defined in the bill.
  3 30    The bill updates references to the "truth in lending Act"
  3 31 in Code section 537.1302 to include amendments to the Act as
  3 32 of January 1, 2007, and provides that rental purchase
  3 33 agreements involving motor vehicles are prohibited under the
  3 34 provisions of the consumer rental purchase agreement act
  3 35 contained in part 6 of the consumer credit code.
  4  1 Additionally, the bill changes a notification fee contained in
  4  2 Code section 537.6203 applicable to creditors and debt
  4  3 collectors from the current amount of $10 to $200.
  4  4 LSB 2653HH 82
  4  5 rn:nh/je/5