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HB23-1229

Amending Terms Consumer Lending Laws

Type Bill
Session 2023 Regular Session
Subjects
Financial Services & Commerce

Concerning changes to consumer lending laws to limit charges to consumers.

Bill Summary:

For consumer credit transactions made or renewed on or after January 1, 2024, the act modifies the requirements for alternative charges for loans not exceeding $1,000 as follows:

  • Reduces the permissible acquisition charge on the original loan from 10% to 8% of the amount financed and increases the permissible acquistion charge on any refinanced loan from 7.5% to 8%;
  • Reduces the permissible amount for a monthly installment account handling charge;
  • Increases the minimum loan term from 90 days to 6 months;
  • Eliminates delinquency charges for the loan;
  • Amends the conditions upon which an acquisition charge must be refunded to the consumer by eliminating the 60-day deadline for prepaying in full, refinancing, or consolidating a loan and changes how the unearned portions of the acquisition charge and monthly installment handling charges are calculated;
  • Details the requirements for an application for the loan and specifies how the loan application requirements impact a determination of unconscionability of the loan; and
  • Decreases the number of times a lender may refinance a consumer loan from 3 times in a year to once in a year.
For consumer credit transactions made or renewed on or after July 1, 2024, the act:

  • Opts Colorado out of the amendments to the "Federal Deposit Insurance Act", the federal "National Housing Act", and the "Federal Credit Union Act" and specifies that rates established in the Colorado "Uniform Consumer Credit Act" apply to consumer credit transactions in this state; and
  • Repeals provisions specifying that lender or seller credit cards issued by a credit card bank or financial institution are subject to limitations on finance charges in statute and instead specifies that genera-purpose credit cards are not subject to limits on finance charges and fees applicable to consumer credit transactions specified in state law.
APPROVED by Governor June 5, 2023

PORTIONS EFFECTIVE June 5, 2023

PORTIONS EFFECTIVE July 1, 2024

PORTIONS EFFECTIVE January 1, 2024
(Note: This summary applies to this bill as enacted.)

Status

Became Law

Introduced

Passed

Became Law

Related Documents & Information

Date Version Documents
06/05/2023 Signed Act PDF
05/22/2023 Final Act PDF
05/01/2023 Rerevised PDF
04/28/2023 Revised PDF
04/11/2023 Reengrossed PDF
04/10/2023 Engrossed PDF
03/03/2023 Introduced PDF
Date Version Documents
04/26/2023 PA2 PDF
03/29/2023 PA1 PDF
Date Version Documents
08/28/2023 FN3 PDF
04/18/2023 FN2 PDF
03/08/2023 FN1 PDF
Activity Vote Documents
Adopt amendment L.008 The motion passed without objection. Vote summary
Adopt amendment L.010 The motion passed without objection. Vote summary
Adopt amendment L.011 The motion failed on a vote of 3-6. Vote summary
Adopt amendment L.013 The motion failed on a vote of 3-6. Vote summary
Refer House Bill 23-1229, as amended, to the Committee of the Whole. The motion passed on a vote of 6-3. Vote summary
Activity Vote Documents
Adopt amendment L.001 (Attachment C). The motion passed without objection. Vote summary
Adopt amendment L.002 (Attachment D). The motion passed without objection. Vote summary
Refer House Bill 23-1229, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary
Date Calendar Motion Vote Vote Document
05/02/2023 Senate Amendments REPASS
46
AYE
19
NO
0
OTHER
Vote record
05/02/2023 Senate Amendments CONCUR
47
AYE
18
NO
0
OTHER
Vote record
04/11/2023 Third Reading BILL
44
AYE
18
NO
3
OTHER
Vote record
Date Calendar Motion Vote Vote Document
05/01/2023 Third Reading BILL
23
AYE
12
NO
0
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
04/28/2023 L.020 Second Reading Lost [**] PDF
04/28/2023 L.018 Second Reading Lost [**] PDF
04/28/2023 L.019 Second Reading Lost [**] PDF
04/28/2023 L.021 Second Reading Passed [**] PDF
04/28/2023 L.015 Second Reading Passed [**] PDF
04/25/2023 L.013 SEN Business, Labor, & Technology Lost PDF
04/25/2023 L.011 SEN Business, Labor, & Technology Lost PDF
04/25/2023 L.010 SEN Business, Labor, & Technology Passed [*] PDF
04/25/2023 L.008 SEN Business, Labor, & Technology Passed [*] PDF
04/10/2023 L.004 Second Reading Lost [**] PDF
04/10/2023 L.005 Second Reading Lost [**] PDF
04/10/2023 L.003 Second Reading Passed [**] PDF
03/27/2023 L.002 HOU Finance Passed [*] PDF
03/27/2023 L.001 HOU Finance Passed [*] PDF
Date Location Action
06/05/2023 Governor Governor Signed
05/22/2023 Governor Sent to the Governor
05/22/2023 Senate Signed by the President of the Senate
05/22/2023 House Signed by the Speaker of the House
05/02/2023 Senate House Considered Senate Amendments - Result was to Concur - Repass
05/01/2023 Senate Senate Third Reading Passed - No Amendments
04/28/2023 Senate Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
04/28/2023 Senate Senate Second Reading Laid Over Daily - No Amendments
04/25/2023 Senate Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
04/12/2023 Senate Introduced In Senate - Assigned to Business, Labor, & Technology
04/11/2023 House House Third Reading Passed - No Amendments
04/10/2023 House House Second Reading Special Order - Passed with Amendments - Committee, Floor
03/31/2023 House House Second Reading Laid Over Daily - No Amendments
03/27/2023 House House Committee on Finance Refer Amended to House Committee of the Whole
03/03/2023 House Introduced In House - Assigned to Finance
Effective Date Chapter # Title Documents
06/05/2023 375 Amending Terms Consumer Lending Laws PDF