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.
Sponsored bills
Establishes the blighted property demolition fund (demolition fund). Provides that money in the demolition fund is to be used for costs associated with demolishing a qualified property located in the territory of a current or future transit development district or in the area surrounding the Gary Metro Center. Allows the Lake County fiscal body to adopt an increase in the county innkeeper's tax. Establishes the Lake County economic development and convention fund (convention fund). Provides that money in the convention fund may be used for purposes related to a convention center in Lake County. Establishes a local county fund known as the Lake County convention and event center reserve fund (reserve fund). Provides that the revenue received from an increase in the innkeeper's tax is deposited in the reserve fund. Provides that, beginning July 1, 2023, proposals may be submitted for construction and operation of a Lake County convention and event center to the Lake County board of commissioners. Provides minimum requirements for a proposal. Provides that if a proposal is approved, the Lake County convention center authority is established to provide general oversight. Establishes the Gary Metro Center station revitalization fund (metro center station fund). Establishes the Gary Metro Center station revitalization project board to provide oversight of the ongoing maintenance and operation of the Gary Metro Center station. Beginning after June 30, 2025, requires the department of state revenue to deposit certain amounts in each state fiscal year of the riverboat wagering tax revenue collected from a riverboat operating within the city of Gary in the demolition fund, the convention fund, and the metro center station fund.
Sets the income eligibility requirements for the Temporary Assistance for Needy Families (TANF) program at a specified percentage of the federal income poverty level. Requires the division of family resources (division) to amend the state TANF plan or take any other action necessary to implement the income requirements. Increases certain payment amounts nder the TANF program. Repeals provisions: (1) regarding TANF eligibility of a child born more than 10 months after the child's family qualifies for TANF assistance; (2) encouraging a family that receives TANF assistance to receive family planning counseling; and (3) requiring the division to apply a percentage reduction to the total needs of TANF applicants and recipients in computing TANF benefits. Provides that TANF assistance shall be provided to a woman who: (1) is pregnant at the time an application for assistance is filed; and (2) meets the income requirements. Requires the office of the secretary of family and social services to calculate and report to the legislative council, by December 1 of every even-numbered year, the amounts that would result if certain payment amounts were adjusted each year using the Social Security cost of living adjustment rate. Makes conforming changes.
Establishes a new article in the Indiana Code concerning consumer data protection, to take effect January 1, 2026. Sets forth the following within the new article: (1) Definitions of various terms that apply throughout the article. (2) Exemptions from the bill's requirements concerning the responsibilities of controllers of consumers' personal data. (3) The rights of an Indiana consumer to do the following: (A) Confirm whether or not a controller is processing the consumer's personal data. (B) Correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller. (C) Delete the consumer's personal data held by a controller. (D) Obtain a copy or representative summary of the consumer's personal data that the consumer previously provided to the controller. (E) Opt out of the processing of the consumer's personal data for certain purposes. (4) The responsibilities of controllers of consumers' personal data. (5) The roles of controllers and processors with respect to a consumer's personal data. (6) Requirements for data protection impact assessments by controllers of consumers' personal data. (7) Requirements for processing de-identified data or pseudonymous data. (8) Limitations as to the scope of the new article. (9) The authority of the attorney general to investigate and enforce suspected or actual violations of the new article. (10) The preemption of local rules, regulations, and laws regarding the processing of personal data. Allows the attorney general to publish certain resources on the attorney general's website.
Provides that the amount of foster care support tax credits allowed may not exceed $2,000,000 in each calendar year beginning after December 31, 2023, and ending before January 1, 2028. Requires the department of state revenue (department) to post certain information regarding the: (1) application for the tax credit; (2) timeline for receiving the tax credit; and (3) total amount of tax credits awarded during the current calendar year; on the department's website. Makes various changes to the process to apply for the tax credit. Provides that money in the insuring foster youth trust fund (fund) at the end of a state fiscal year does not revert to the state general fund. Provides that the fund's administrative expenses may not exceed 10% of the amounts deposited into the fund. Provides, in addition to inpatients of state or federally owned or operated hospitals or institutions and their supervisors, that the department of natural resources (DNR) may not charge an admission fee to foster families who reside together in the same licensed foster family home, or other certain foster youth, for the use of any property owned or managed by the DNR for purposes of the statutes concerning state parks and recreation areas. Requires the department of child services to make available a list provided by the Insurance Institute of Indiana that identifies insurers that may provide automobile insurance coverage for a minor without a guardian cosigner. Requires the Indiana assigned risk automobile insurance plan, subject to the rules of the plan, to make automobile insurance available to a foster youth who is between 16 and 23 years of age and is receiving services from the department of child services. Provides that a state or local government agency, a foster parent, or an entity providing services shall not be liable for any damages resulting from a foster youth's operation of an automobile owned and insured by the foster youth.
A CONCURRENT RESOLUTION celebrating the achievements and contributions of Hoosier environmental leader Tim Maloney on his retirement.
Provides that the statewide 911 board (board) may conduct a feasibility study on potential ways in which the computer aided dispatch (CAD) systems used by public safety answering points (PSAPs) in Indiana could be made interoperable to facilitate the standard dispatch of EMS resources based on using the EMS resource that represents the closest and most appropriate EMS resource to respond to an emergency. Provides that the board may submit a report on the study to the following not later than July 1, 2024: (1) The executive director of the legislative services agency to distribute to members of the general assembly. (2) The department of homeland security. (3) The integrated public safety commission. (4) The Indiana department of health. Sets forth information that may be included in the report. Provides that these provisions expire January 1, 2025.
Defines "advanced recycling" as a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals, and other products. Defines "advanced recycling facility" as a manufacturing facility that: (1) receives, stores, and converts post-use polymers and recovered feedstocks resulting from advanced recycling; and (2) is subject to manufacturing regulation by the department of environmental management. Provides: (1) that post-use polymers and recovered feedstocks that are converted at an advanced recycling facility or held at an advanced recycling facility before conversion are not within the definition of "solid waste"; (2) that an advanced recycling facility is not within the definition of "solid waste disposal facility"; (3) that the activities undertaken at an advanced recycling facility are not within the definition of "solid waste management"; and (4) that an advanced recycling facility is not within the definition of "solid waste disposal facility" or the definition of "solid waste processing facility". Provides that certain solid waste management laws do not apply to advanced recycling facilities. Provides, for purposes of Indiana environmental law, that products sold as fuel are not considered recycled products.
Provides that a federal regulation that classifies or amends a designation of attainment, nonattainment, or unclassifiable for any area in Indiana under the federal Clean Air Act is effective and enforceable in Indiana on the effective date of the federal regulation. Requires the environmental rules board (board) to adopt rules, including emergency rules, to raise two Title V operating permit program fees, increasing: (1) the annual fee for a Part 70 permit to $6,100; and (2) the annual fee for a federally enforceable state operating permit (FESOP) to $6,100; for five years, beginning with the fees first due and collectable after December 31, 2023. Requires the board, not more than 45 days after the effective date of the SECTION requiring the adoption of the rules, to provide notice in the Indiana Register of the first public comment period required before the adoption of the permanent rules raising the two fees. Prohibits the board from beginning to adopt the emergency rules to raise the two fees until the notice of the first comment period concerning the permanent rules to raise the two fees is published.
Provides that the state board of accounts (SBOA) is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. Requires annual reports to be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. Requires all appointments of field examiners be made solely upon the ground of fitness in accordance with professional accounting and auditing standards. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the audited entity may be declared to be unauditable. Provides that an audited entity that is declared unauditable shall bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the SBOA to publish a list of audited entities declared unauditable on its website. Revises conditions under which the state examiner may undertake an examination based on a violation of the law. Requires the SBOA to approve a request by an audited entity to opt out of examinations and engage a certified public accountant to conduct examinations if, within the last six years, the SBOA has not issued an examination or special investigation report critical of the audited entity's internal controls and there have been no adverse reports. Provides that the SBOA may terminate its approval of the use of a certified public accountant if certain requirements are not met. Revises the provision regarding field examiner traveling expenses. Makes changes to certain reporting, resolution, and disclosure requirements. Simplifies the provision regarding parties and a plaintiff's right of recovery. Removes provisions regarding additional powers of the state examiner and attorney general. Provides that if the attorney general brings an action against an official bond, official bonds, or a crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. Repeals a provision regarding the withdrawal or removal of counties from solid waste management districts. Repeals a provision regarding bonds and crime policies for faithful performance. Repeals a provision regarding examination reports, requisites, performance of public works, and SBOA powers. Repeals a provision regarding copies of reports filed with libraries, public inspections, and request renewals. Makes technical and conforming changes.