House Study Bill 523 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to the consumer credit code by increasing 1 dollar amount limitations for transactions governed by the 2 consumer credit code, establishing an exemption from the 3 definition of a consumer loan for specified debts secured by 4 real property, and modifying filing fees and a penalty for 5 creditors and debt collectors. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5388DP (12) 83 rn/nh
S.F. _____ H.F. _____ Section 1. Section 537.1301, subsection 13, paragraph a, 1 subparagraph (5), Code 2009, is amended to read as follows: 2 (5) With respect to a sale of goods or services, the amount 3 financed does not exceed twenty-five seventy-five thousand 4 dollars. 5 Sec. 2. Section 537.1301, subsection 14, paragraph a, 6 subparagraph (4), Code 2009, is amended to read as follows: 7 (4) The amount payable under the lease does not exceed 8 twenty-five seventy-five thousand dollars. 9 Sec. 3. Section 537.1301, subsection 15, paragraph a, 10 subparagraph (5), Code 2009, is amended to read as follows: 11 (5) The amount financed does not exceed 12 twenty-five seventy-five thousand dollars. 13 Sec. 4. Section 537.1301, subsection 15, paragraph b, Code 14 2009, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (5) A debt which is secured by a lien on 16 real property with an amount financed that exceeds twenty-five 17 thousand dollars. 18 Sec. 6. Section 537.3604, subsection 8, paragraph e, Code 19 2009, is amended to read as follows: 20 e. The amount payable under the consumer rental purchase 21 agreement does not exceed twenty-five seventy-five thousand 22 dollars. 23 Sec. 7. Section 537.6203, subsections 1 and 4, Code 2009, 24 are amended to read as follows: 25 1. a. A person required to file notification who is a 26 creditor shall pay to the administrator an annual fee of 27 ten twenty dollars. The fee shall be paid with the filing of 28 the first notification and on or before January 31 of each 29 succeeding year. 30 b. A person required to file notification who is a debt 31 collector shall pay to the administrator an annual fee of three 32 hundred dollars. The fee shall be paid with the filing of 33 the first notification and on or before January 31 of each 34 succeeding year. 35 -1- LSB 5388DP (12) 83 rn/nh 1/ 2
S.F. _____ H.F. _____ 4. In addition to the penalties provided by section 1 537.6113, subsection 3, the administrator may collect a charge, 2 established by rule, not exceeding twenty-five fifty dollars 3 from each person required to pay fees under this section who 4 fails to pay the fees in full within thirty days after they are 5 due. 6 EXPLANATION 7 This bill provides for increases in dollar amount 8 limitations specified in certain sections of the consumer 9 credit code. The increases relate to limitations contained 10 in Code sections concerning consumer credit sales, consumer 11 leases, and consumer loans with regard to amounts financed 12 or leased, and regarding the amount payable under a consumer 13 rental purchase agreement, with an increase in the limitations 14 from currently specified levels of $25,000 to $75,000. 15 Further, the bill establishes an additional exemption from 16 the definition of “consumer loan” applicable to the consumer 17 credit code contained in Code chapter 537, providing that a 18 consumer loan does not include a debt secured by a lien on real 19 property with an amount financed in excess of $25,000. 20 The bill also increases fees payable by a creditor upon the 21 required annual filing of a notification of conducting business 22 in Iowa from the current level of $10 to $20, and establishes 23 an annual filing fee applicable to debt collectors in the 24 amount of $300. A penalty applicable for failure to timely 25 file the notification is increased from $25 to $50. 26 -2- LSB 5388DP (12) 83 rn/nh 2/ 2