House File 288 - Introduced



                                       HOUSE FILE       
                                       BY  SMITH


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

                                      A BILL FOR

  1 An Act modifying provisions applicable to the regulation of
  2    delayed deposit services businesses and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1931HH 83
  5 rn/sc/5

PAG LIN



  1  1    Section 1.  Section 533D.9, subsections 1 and 2, Code 2009,
  1  2 are amended to read as follows:
  1  3    1.  A licensee shall not charge a fee in excess of fifteen
  1  4 dollars on the first one hundred dollars on the face amount of
  1  5 a check or more than ten dollars on subsequent one hundred
  1  6 dollar increments on the face amount of the check for services
  1  7 provided by the licensee, or pro rata for any portion of one
  1  8 hundred dollars face value any interest, penalties, fees, or
  1  9 other charges which when combined exceed an annual percentage
  1 10 rate of thirty=six percent of the amount loaned, as computed
  1 11 pursuant to the federal Truth in Lending Act.
  1 12    2.  A licensee shall give to the maker of the check, at the
  1 13 time any delayed deposit service transaction is made, or if
  1 14 there are two or more makers, to one of them, notice written
  1 15 in clear, understandable language disclosing all of the
  1 16 following:
  1 17    a.  The fee to be charged for the transaction.
  1 18    b.  The annual percentage rate of the sum of any interest,
  1 19 penalties, fees, or other charges, as computed pursuant to the
  1 20 federal Truth in Lending Act.
  1 21    c.  The date on which the check will be deposited or
  1 22 presented for negotiation.
  1 23    d.  Any penalty, not to exceed fifteen dollars, which the
  1 24 licensee will charge if the check is not negotiable on the
  1 25 date agreed upon.  A penalty to be charged pursuant to this
  1 26 section shall only be collected by the licensee once on a
  1 27 check no matter how long the check remains unpaid.  A penalty
  1 28 to be charged pursuant to this section is a licensee's
  1 29 exclusive remedy and if a licensee charges a penalty pursuant
  1 30 to this section no other penalties under this chapter or any
  1 31 other provision apply.
  1 32    Sec. 2.  Section 533D.10, subsection 1, Code 2009, is
  1 33 amended to read as follows:
  1 34    1.  A licensee shall not do any of the following:
  1 35    a.  Hold from any one maker more than two checks at any one
  2  1 time.
  2  2    b.  Hold from any one maker a check or checks in an
  2  3 aggregate face amount of more than five hundred dollars at any
  2  4 one time.
  2  5    c.  Hold or agree to hold a check for more than thirty=one
  2  6 days.
  2  7    d.  c.  Require the maker to receive payment by a method
  2  8 which causes the maker to pay additional or further fees and
  2  9 charges to the licensee or another person.
  2 10    e.  d.  Repay, refinance, or otherwise consolidate a
  2 11 postdated check transaction with the proceeds of another
  2 12 postdated check transaction made by the same licensee.
  2 13    f.  e.  Receive any other charges or fees in addition to
  2 14 the fees listed in section 533D.9, subsections 1 and 2
  2 15 subsection 1.
  2 16    Sec. 3.  Section 533D.15, Code 2009, is amended to read as
  2 17 follows:
  2 18    533D.15  CRIMINAL VIOLATION == OPERATION OF BUSINESS
  2 19 WITHOUT LICENSE == INJUNCTION.
  2 20    A person required to be licensed under this chapter who
  2 21 operates a delayed deposit services business in this state
  2 22 without first obtaining a license under this chapter or while
  2 23 such license is suspended or revoked by the superintendent, or
  2 24 who otherwise violates any provision of this chapter, is
  2 25 guilty of a serious misdemeanor.  In addition to the criminal
  2 26 penalty provided for in this section, the superintendent may
  2 27 also commence an action to enjoin the operation of the
  2 28 business.
  2 29                           EXPLANATION
  2 30    This bill modifies provisions applicable to the regulation
  2 31 of delayed deposit services businesses licensed pursuant to
  2 32 Code chapter 533D.
  2 33    The bill provides that the combined interest, penalties,
  2 34 fees, or other charges imposed by a licensee upon a maker of a
  2 35 check shall not exceed an annual percentage rate of 36 percent
  3  1 as computed pursuant to the federal Truth in Lending Act.  The
  3  2 bill modifies a provision requiring disclosure of the annual
  3  3 percentage rate to specify that it is based on the sum of
  3  4 interest, penalties, fees, or other charges.  The bill deletes
  3  5 current restrictions on the amount of fees which may be
  3  6 charged per $100 loan increment by a licensee and deletes a
  3  7 provision establishing a penalty not to exceed $15 which may
  3  8 be imposed upon the maker of a check if the check proves not
  3  9 negotiable, to correspond with the inclusion of any interest,
  3 10 fees, charges, and penalties within the 36 percent annual
  3 11 percentage rate maximum.
  3 12    The bill additionally deletes a current provision that
  3 13 prohibits a licensee from holding or agreeing to hold a check
  3 14 for longer than 31 days.  The bill also modifies a restriction
  3 15 that prohibits the repayment, refinancing, or consolidation of
  3 16 a postdated check transaction with the proceeds of another
  3 17 postdated check transaction made by the same licensee to
  3 18 provide that repayment, refinancing, or consolidation of a
  3 19 postdated check transaction with the proceeds of another
  3 20 postdated check transaction made by any licensee would
  3 21 constitute a prohibited act.
  3 22    The bill expands the current criminal penalty of a serious
  3 23 misdemeanor for operation of a delayed deposit services
  3 24 business without a license to apply to any violation of Code
  3 25 chapter 533D.  A serious misdemeanor is punishable by
  3 26 confinement for no more than one year and a fine of at least
  3 27 $315 but not more than $1,875.  The bill also expands
  3 28 injunction from operation of a business to be applicable to
  3 29 any violation of the Code chapter.
  3 30 LSB 1931HH 83
  3 31 rn/sc/5