2000 Legislation
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SENATE BILL NO. 1405 – Loan/credit sale, finance charge

SENATE BILL NO. 1405

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Daily Data Tracking History



S1405.......................................by COMMERCE AND HUMAN RESOURCES
LOAN/CREDIT SALE - Amends existing law to provide that the rate of finance
charge for a loan or credit sale of $1,000 or more shall be that which is
agreed upon between the parties to the transaction; to provide that for a
loan or credit sale under $1,000, including loans or credit for deferred
presentment of a check, the finance charge stated as an annual percentage
rate shall not exceed thirty-six percent per year; and to provide that fees
and charges are considered interest and are subject to the thirty-six
percent limitation.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Com/HuRes

Bill Text


 S1405
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1405
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL TRANSACTIONS; AMENDING SECTION 28-42-201,  IDAHO  CODE,
  3        TO  PROVIDE  THAT  THE RATE OF FINANCE CHARGE FOR A LOAN OR CREDIT SALE OF
  4        ONE THOUSAND DOLLARS OR MORE SHALL BE THAT WHICH IS  AGREED  UPON  BETWEEN
  5        THE PARTIES TO THE TRANSACTION, TO PROVIDE THAT FOR A LOAN OR CREDIT SALE,
  6        INCLUDING  LOANS  OR CREDIT FOR DEFERRED PRESENTMENT OF A CHECK, UNDER ONE
  7        THOUSAND DOLLARS, THE RATE OF FINANCE CHARGE STATED AS AN ANNUAL  PERCENT-
  8        AGE  RATE SHALL NOT EXCEED THIRTY-SIX PERCENT PER YEAR AND TO PROVIDE THAT
  9        FEES AND CHARGES ARE CONSIDERED INTEREST AND ARE SUBJECT TO THE THIRTY-SIX
 10        PERCENT LIMITATION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 28-42-201, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        28-42-201.  MAXIMUM FINANCE CHARGE.
 15        (1)  (a)  Except as provided in paragraph (b) of  this  subsection,  wWith
 16        respect to a loan or credit sale of one thousand dollars ($1,000) or more,
 17        the  rate of finance charge shall be that which is agreed upon between the
 18        parties to the transaction. In addition to the  finance  charge  permitted
 19        herein,  a  creditor may contract for and receive any other charge, except
 20        to the extent expressly prohibited or limited by this act.
 21        (b)  With respect to a loan or credit sale, including loans or credit  for
 22        deferred  presentment of a check, under one thousand dollars ($1,000), the
 23        rate of finance charge stated as  an  annual  percentage  rate  shall  not
 24        exceed  thirty-six percent (36%) per year. Any and all fees and charges to
 25        the borrower to obtain the loan or credit, irrespective of how those  fees
 26        and charges are identified, are considered interest and are subject to the
 27        thirty-six percent (36%) limitation.
 28        (2)  This section does not limit or restrict the manner of calculating the
 29    finance  charge,  whether by way of add-on, discount, single annual percentage
 30    rate, or otherwise. If the credit transaction is precomputed:
 31        (a)  The finance charge may be  calculated  on  the  assumption  that  all
 32        scheduled payments will be made when due; and
 33        (b)  The effect of prepayment is governed by the provisions on rebate upon
 34        prepayment, section 28-42-307, Idaho Code.
 35        (3)  Except  as  provided in subsection (4) of this section, the term of a
 36    credit transaction for purposes of this  section  commences  on  the  day  the
 37    credit  transaction is made. The administrator may adopt rules with respect to
 38    treating as regular minor irregularities in amount or time.
 39        (4)  With respect to an insurance premium loan, the term of the loan  com-
 40    mences  on  the  earliest inception date of a policy or contract of insurance,
 41    payment of the premium on which is financed by the loan.

Statement of Purpose / Fiscal Impact


          
          
                 STATEMENT OF PURPOSE
                      RS 09900 
                                
      The purpose of this legislation is to provide protection from excessive usury rates
      and charges beyond reason for citizens who find it necessary to borrow funds. 
          
          
          
                     FISCAL IMPACT
          
     No fiscal impact.
          
          
          
          
          
          
          
           
          
     Contact 
     Name:      Sen. Lin Whitworth
     Phone:      (208)332-1351 
          
          
                                             STATEMENT OF PURPOSE/FISCAL NOTE                              S 1405