SB 452 Indiana Senate · 2023 Regular Session

Consumer credit and financial institutions.

Summary
Provides that a reference to federal law in: (1) the first lien mortgage lending act (act); (2) the Uniform Consumer Credit Code (UCCC); or (3) the Indiana Code title governing financial institutions; is a reference to the law as in effect December 31, 2022 (rather than December 31, 2021, under current law). Amends as follows a provision in the act that authorizes a federal savings bank to voluntarily register with the department of financial institutions (department) for the purpose of sponsoring licensed mortgage loan originators under certain circumstances: (1) Authorizes any person (rather than just a federal savings bank) that meets the requirements set forth in the provision to sponsor one or more licensed mortgage loan originators. (2) Eliminates a requirement that a sponsored individual must sell, solicit, or negotiate insurance under an exclusive written agreement for a licensed insurance company that is a subsidiary of a company that also owns or controls the federal savings bank. (3) Provides that a sponsored individual must be engaged solely as a third party loan processor or underwriter. Specifies certain requirements that a person must comply with in order to sponsor an individual under these provisions. Makes conforming amendments to: (1) the act; and (2) related provisions in the UCCC concerning subordinate lien mortgage transactions. Requires a state chartered credit union (credit union) to maintain capital consistent with the safety and soundness necessary to support the risk in the credit union's activities. Provides that the National Credit Union Administration's: (1) prompt corrective action; and (2) risk based net worth; regulations apply to all credit unions. Requires a credit union that is classified as adequately capitalized or lower to increase the dollar amount of its net worth on a quarterly basis by an amount equal to at least 0.1% of the credit union's total assets until the credit union is classified as well capitalized. Sets forth different: (1) mandatory supervisory requirements or restrictions; and (2) discretionary supervisory requirements or restrictions (to be imposed by the director of the department); with respect to a credit union, depending on the credit union's classification as undercapitalized, significantly undercapitalized, or critically undercapitalized. Directs the department to use specified statutory authority to adopt emergency rules not later than June 30, 2024, to amend the department's rule concerning mortgage lenders and originators in order to: (1) conform the rule to the bill's provisions concerning the sponsorship of licensed mortgage loan originators to engage solely as a third party loan processor or underwriter; and (2) establish a rule to allow certain persons to sponsor one or more mortgage loan originators, who are not employees of the sponsoring person, to perform mortgage loan originator activities exclusively for the sponsoring person under certain prescribed conditions.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Apr 2023
Senate Passage
Apr 2023
House Passage
May 2023
Signed into Law
May 2023
Introduced Jan 19, 2023 Signed May 4, 2023
Floor votes · House Apr 10, 2023

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
33
Key actions
10
Committee
4
Amendments
1
May 4, 2023
Signed into law
Signed by the Governor
executive
May 1, 2023
Lower · Passed
Signed by the Speaker
lower
Apr 28, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 28, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 27, 2023
Lower · Passed
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 547: yeas 93, nays 2
lower
Apr 27, 2023
Upper · Passed
Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 518: yeas 41, nays 7
upper
Apr 20, 2023
Introduced
Senate dissented from House amendments
upper
Apr 10, 2023
Lower · Passed
Third reading: passed; Roll Call 378: yeas 96, nays 1
lower
Apr 3, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 9, 2023
Upper · Passed
Third reading: passed; Roll Call 94: yeas 49, nays 0
upper
Feb 2, 2023
Upper · Passed
Committee report: do pass, adopted
upper
3 primary · 0 co-sponsors

Sponsors