HLS 12RS-890 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 424 BY REPRESENTATIVE WESLEY BISHOP CREDIT/CONSUMER LOANS: Provides for changes to interest rates on deferred presentments and small loans AN ACT1 To amend and reenact R.S. 9:3578.4(A), relative to interest rates on deferred presentments2 and small loans; to decrease the maximum interest rate on deferred presentments and3 small loans; to repeal the delinquent interest rates for deferred presentments and4 small loans; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 9:3578.4(A) is hereby amended and reenacted to read as follows: 7 ยง3578.4. Finance charge and fees8 A.(1) In conjunction with a deferred presentment transaction or small loan,9 a licensee may charge a fee not to exceed sixteen and seventy-five one hundredths10 fifteen percent of the face amount of the check issued or in the case of a small loan,11 the equivalent rate of interest, provided however that such fee or interest does not12 exceed forty-five dollars, regardless of the name or type of charge.13 (2) However, if the loan remains unpaid at contractual maturity, the licensee14 may charge one of the following:15 (a) An amount equal to the rate of thirty-six percent per annum for a period16 not to exceed one year and beginning one year after contractual maturity, the rate17 shall not exceed eighteen percent per annum.18 HLS 12RS-890 ORIGINAL HB NO. 424 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) A a one-time delinquency charge as authorized in R.S. 9:3527(A)(1).1 * * *2 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Wesley Bishop HB No. 424 Abstract: Decreases the maximum interest rate on deferred presentments and small loans and repeals the delinquent interest rates for deferred presentments and small loans. Present law provides that in conjunction with a deferred presentment or small loan, a lender may charge a fee not to exceed 16.75% of the face amount of the check issued or, in the case of a small loan, the equivalent rate of interest, provided however that such fee or interest does not exceed $45. Proposed law decreases the maximum interest rate from 16.75% to 15%. Present law provides that, if the loan remains unpaid at contractual maturity, the lender may charge one of the following: (1)An amount equal to the rate of 36% per annum for a period not to exceed one year and beginning one year after contractual maturity, a rate not to exceed 18% per annum. (2)A one-time delinquency charge of 5% of the unpaid amount of the delinquent installment, or $10, whichever is greater. Proposed law provides that, if the loan remains unpaid at contractual maturity, the lender may charge a one-time delinquency charge of 5% of the unpaid amount of the delinquent installment, or $10, whichever is greater. Proposed law repeals the authority to charge a delinquent interest rate of 36% for deferred presentments and small loans. (Amends R.S. 9:3578.4(A))