Senate File 2148 - Introduced SENATE FILE 2148 BY ZAUN A BILL FOR An Act relating to interest rate limitations applicable to 1 specified postsecondary educational loans, and making civil 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5706XS (2) 86 gh/sc
S.F. 2148 Section 1. NEW SECTION . 261F.5A Interest rates —— 1 limitation. 2 1. For purposes of this section, “federal prime rate” means 3 the interest rate charged by banks on short-term business 4 loans, as determined by the board of governors of the federal 5 reserve system and published in the federal reserve bulletin. 6 2. Notwithstanding any provision to the contrary, the 7 interest rate collected or imposed by a lender or lending 8 institution on a private educational loan in this state shall 9 not be more than three percentage points over the federal prime 10 rate for the life of the loan. 11 3. This section shall not be interpreted to supersede, 12 conflict with, or apply to any interest rate specifications or 13 requirements applicable to a loan that is made, insured, or 14 guaranteed under Tit. IV of the federal Higher Education Act of 15 1965, as amended, directly to a borrower solely for educational 16 purposes or to any other loan providing for postsecondary 17 educational expenses pursuant to a federal program. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill puts a limit on the interest rates of private 22 educational loans provided to borrowers in the state. 23 The bill limits the interest rate imposed by a lender on 24 a private educational loan to no more than three percentage 25 points over the federal prime rate for the life of the loan. 26 The bill defines “federal prime rate” as the rate of interest 27 charged by banks on short-term business loans, as determined 28 by the board of governors of the federal reserve system and 29 published in the federal reserve bulletin. 30 The bill provides that the interest rate limitation shall 31 not be interpreted to apply to educational loans made, insured, 32 or guaranteed by the federal government. 33 Pursuant to current Code section 261F.8, a lender or lending 34 institution that violates a provision of Code chapter 261F is 35 -1- LSB 5706XS (2) 86 gh/sc 1/ 2
S.F. 2148 subject to a civil penalty of $5,000 per violation, in addition 1 to other specified sanctions. 2 -2- LSB 5706XS (2) 86 gh/sc 2/ 2