Senate Bill S5246A

Signed By Governor
2021-2022 Legislative Session

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities

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Archive: Last Bill Status Via A6247 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S5246 - Details

See Assembly Version of this Bill:
A6247
Law Section:
Banking Law
Laws Affected:
Add §28-bb, Bank L

2021-S5246 - Summary

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities.

2021-S5246 - Sponsor Memo

2021-S5246 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5246
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks
 
 AN ACT to amend the banking law, in relation to including non-depository
   lenders in the state community reinvestment act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 4 of section 28-b of the banking law,
 subdivision 1 as amended by chapter 360 of the laws of 1984, and  subdi-
 vision  4  as amended by chapter 180 of the laws of 2012, are amended to
 read as follows:
   1. Each banking institution as defined in  subdivision  four  of  this
 section  to  which the Community Reinvestment Act of 1977, United States
 P.L. 95-128, applies shall file with the superintendent a copy  of  each
 report and document which it is required to prepare for or file with one
 or  more federal agencies pursuant to the provisions of that law and the
 rules  and  regulations  promulgated  thereunder.  NOTWITHSTANDING   ANY
 PROVISION  OF LAW TO THE CONTRARY, EACH PERSON OR ENTITY LICENSED PURSU-
 ANT TO ARTICLE NINE OF THIS CHAPTER TO WHICH THE COMMUNITY  REINVESTMENT
 ACT  OF  1977, UNITED STATES P.L. 95-128, DOES NOT APPLY SHALL FILE WITH
 THE SUPERINTENDENT REPORTS AND DOCUMENTS PURSUANT  TO  RULES  AND  REGU-
 LATIONS  PROMULGATED  BY  THE SUPERINTENDENT WHICH ARE EQUIVALENT TO THE
 REPORTS AND DOCUMENTS REQUIRED PURSUANT TO  THE  COMMUNITY  REINVESTMENT
 ACT  OF  1977,  UNITED  STATES P.L. 95-128 AND THE RULES AND REGULATIONS
 PROMULGATED THEREUNDER. Where  a  banking  institution  has  filed  such
 reports  or  documents with the superintendent, an update of the reports
 or documents shall be required at such time as the  banking  institution
 requests  the  superintendent  to  take any action on any application to
 which the provisions of subdivision three of this section apply.
   4. Notwithstanding any other provision of this chapter or other law to
 the contrary, the term banking institution when  used  in  this  section
 shall  mean  and  include  all  banks,  trust  companies, savings banks,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2021-S5246A (ACTIVE) - Details

See Assembly Version of this Bill:
A6247
Law Section:
Banking Law
Laws Affected:
Add §28-bb, Bank L

2021-S5246A (ACTIVE) - Summary

Relates to the assessment of the record of performance of mortgage bankers in helping to meet the credit needs of local communities.

2021-S5246A (ACTIVE) - Sponsor Memo

2021-S5246A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5246--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the banking law, in relation to the assessment of the
   record of performance of mortgage bankers in helping to meet the cred-
   it needs of local communities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   The banking law is amended by adding a new section 28-bb
 to read as follows:
   § 28-BB. CREDIT NEEDS OF LOCAL COMMUNITIES; MORTGAGE BANKERS. 1.  WHEN
 TAKING ANY ACTION ON AN APPLICATION MADE BY A MORTGAGE  BANKER  LICENSED
 PURSUANT TO SECTION FIVE HUNDRED NINETY-ONE OF THIS CHAPTER FOR A CHANGE
 IN  CONTROL UNDER SECTION FIVE HUNDRED NINETY-FOUR-B OF THIS CHAPTER, OR
 ON ANY OTHER APPLICATION OR NOTICE TO WHICH THE SUPERINTENDENT OF FINAN-
 CIAL SERVICES SHALL BY RULE OR REGULATION MAKE APPLICABLE THE PROVISIONS
 OF THIS SECTION, THE SUPERINTENDENT SHALL TAKE INTO ACCOUNT, AMONG OTHER
 FACTORS, AN ASSESSMENT, IN WRITING, OF THE RECORD OF PERFORMANCE OF  THE
 MORTGAGE BANKER IN HELPING TO MEET THE CREDIT NEEDS OF ITS ENTIRE COMMU-
 NITY,  INCLUDING  LOW  AND MODERATE INCOME NEIGHBORHOODS, AND CONSISTENT
 WITH SAFE AND SOUND OPERATION OF THE MORTGAGE  BANKER.  SUCH  ASSESSMENT
 AND ANY WRITTEN COMMUNICATIONS FROM THE DEPARTMENT OF FINANCIAL SERVICES
 TO A MORTGAGE BANKER RELATING TO SUCH ASSESSMENT SHALL BE MADE AVAILABLE
 TO  THE  PUBLIC  UPON  REQUEST,  PROVIDED THAT NOTHING CONTAINED IN THIS
 SUBDIVISION SHALL BE DEEMED TO ALTER, AMEND OR AFFECT THE PROVISIONS  OF
 SUBDIVISION  TEN  OF SECTION THIRTY-SIX OF THIS ARTICLE.  IN MAKING SUCH
 ASSESSMENT OF A MORTGAGE BANKER, THE  SUPERINTENDENT  SHALL  REVIEW  ALL
 REPORTS  AND  DOCUMENTS FILED BY THE MORTGAGE BANKER PURSUANT TO SECTION
 FIVE HUNDRED NINETY-SEVEN OF THIS CHAPTER. IN ADDITION, THE  SUPERINTEN-
 DENT  SHALL CONSIDER THE FOLLOWING FACTORS IN ASSESSING A MORTGAGE BANK-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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