2021 -- H 6392 | |
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LC002957 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO FINANCIAL INSTITUTIONS -- SMALL LOAN LENDERS | |
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Introduced By: Representatives Vella-Wilkinson, Williams, Hull, Henries, Donovan, and | |
Date Introduced: June 04, 2021 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 19-14-1 of the General Laws in Chapter 19-14 entitled "Licensed |
2 | Activities" is hereby amended to read as follows: |
3 | 19-14-1. Definitions. |
4 | Unless otherwise specified, the following terms shall have the following meanings |
5 | throughout chapters 14, 14.1, 14.2, 14.3, 14.4, 14.6, 14.8, 14.10, and 14.11 of this title: |
6 | (1) "Bona fide employee" shall mean an employee of a licensee who works under the |
7 | oversight and supervision of the licensee. |
8 | (2) "Check" means any check, draft, money order, personal money order, or other |
9 | instrument for the transmission or payment of money. For the purposes of check cashing, travelers |
10 | checks or foreign denomination instruments shall not be considered checks. "Check cashing" means |
11 | providing currency for checks. |
12 | (3) "Check casher" means a person or entity who or that, for compensation, engages, in |
13 | whole or in part, in the business of cashing checks. |
14 | (4) "Currency transmission" means engaging in the business of any of the following: |
15 | (i) Sale or issuance of payment instruments or stored value primarily for personal, family, |
16 | or household purposes; or |
17 | (ii) Receiving money or monetary value for transmission or holding funds incidental to |
18 | transmission within the United States or to locations abroad by any and all means, including |
19 | payment instrument, stored value, wire, facsimile, or electronic transfer, primarily for personal, |
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1 | family, or household purposes. This includes maintaining control of virtual currency or transactions |
2 | in virtual currency on behalf of others. |
3 | (5) "Deferred-deposit transaction" means any transaction, such as those commonly known |
4 | as "payday loans," "payday advances," or "deferred-presentment loans," in which a cash advance |
5 | is made to a customer in exchange for the customer's personal check or in exchange for the |
6 | customer's authorization to debit the customer's deposit account and where the parties agree either |
7 | that the check will not be cashed or deposited, or that the customer's deposit account will not be |
8 | debited until a designated future date. |
9 | (6) [Deleted by P.L. 2019, ch. 226, § 1 and P.L. 2019, ch. 246, § 1]. |
10 | (7) "Deliver" means to deliver a check to the first person who, in payment for the check, |
11 | makes, or purports to make, a remittance of, or against, the face amount of the check, whether or |
12 | not the deliverer also charges a fee in addition to the face amount and whether or not the deliverer |
13 | signs the check. |
14 | (8) "Insurance premium finance agreement" means an agreement by which an insured, or |
15 | prospective insured, promises to pay to an insurance premium finance company the amount |
16 | advanced, or to be advanced, under the agreement to an insurer or to an insurance producer, in |
17 | payment of a premium, or premiums, on an insurance contract, or contracts, together with interest |
18 | and a service charge, as authorized and limited by this title. |
19 | (9) "Insurance premium finance company" means a person or entity engaged in the |
20 | business of making insurance premium finance agreements or acquiring insurance premium finance |
21 | agreements from other insurance premium finance companies. |
22 | (10)(i) "Lender" means any person who makes or funds a loan within this state with the |
23 | person's own funds, regardless of whether the person is the nominal mortgagee or creditor on the |
24 | instrument evidencing the loan; |
25 | (ii) A loan is made or funded within this state if any of the following conditions exist: |
26 | (A) The loan is secured by real property located in this state; |
27 | (B) An application for a loan is taken by an employee, agent, or representative of the lender |
28 | within this state; |
29 | (C) The loan closes within this state; |
30 | (D) The loan solicitation is done by an individual with a physical presence in this state; or |
31 | (E) The lender maintains an office in this state.; or |
32 | (F) The loan is secured by a motor vehicle registered in this state. |
33 | (iii) The term "lender" shall also include any person engaged in a transaction whereby the |
34 | person makes or funds a loan within this state using the proceeds of an advance under a line of |
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1 | credit over which proceeds the person has dominion and control and for the repayment of which |
2 | the person is unconditionally liable. This transaction is not a table-funding transaction. A person is |
3 | deemed to have dominion and control over the proceeds of an advance under a line of credit used |
4 | to fund a loan regardless of whether: |
5 | (A) The person may, contemporaneously with, or shortly following, the funding of the |
6 | loan, assign or deliver to the line of credit lender one or more loans funded by the proceeds of an |
7 | advance to the person under the line of credit; |
8 | (B) The proceeds of an advance are delivered directly to the settlement agent by the line- |
9 | of-credit lender, unless the settlement agent is the agent of the line-of-credit lender; |
10 | (C) One or more loans funded by the proceeds of an advance under the line of credit is |
11 | purchased by the line-of-credit lender; or |
12 | (D) Under the circumstances, as set forth in regulations adopted by the director, or the |
13 | director's designee, pursuant to this chapter. |
14 | (11) "Licensee" means any person licensed under this chapter. |
15 | (12) "Loan" means any advance of money or credit including, but not limited to: |
16 | (i) Loans secured by mortgages; |
17 | (ii) Insurance premium finance agreements; |
18 | (iii) The purchase or acquisition of retail installment contracts or advances to the holders |
19 | of those contracts; |
20 | (iv) Educational loans; |
21 | (v) Any other advance of money; or |
22 | (vi) Any transaction, such as those commonly known as "payday loans," "payday |
23 | advances," or "deferred-presentment loans," in which a cash advance is made to a customer in |
24 | exchange for the customer's personal check, or in exchange for the customer's authorization to debit |
25 | the customer's deposit account, or in exchange for the customer's motor vehicle title and where the |
26 | parties agree either, that the check will not be cashed or deposited, or that customer's deposit |
27 | account will not be debited, or that the customer's motor vehicle title not be assigned, until a |
28 | designated future date. |
29 | (vii) Loans secured by motor vehicle titles. |
30 | (13) "Loan broker" means any person or entity who or that, for compensation or gain, or |
31 | in the expectation of compensation or gain, either directly or indirectly, solicits, processes, |
32 | negotiates, places, or sells a loan within this state for others in the primary market, or offers to do |
33 | so. A loan broker shall also mean any person who is the nominal mortgagee or creditor in a table- |
34 | funding transaction. A loan is brokered within this state if any of the following conditions exist: |
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1 | (i) The loan is secured by real property located in this state; |
2 | (ii) An application for a loan is taken or received by an employee, agent, or representative |
3 | of the loan broker within this state; |
4 | (iii) The loan closes within this state; |
5 | (iv) The loan solicitation is done by an individual with a physical presence in this state; or |
6 | (v) The loan broker maintains an office in this state. |
7 | (vi) The loan is secured by a motor vehicle registered in this state. |
8 | (14) "Loan-closing services" means providing title services, including title searches, title |
9 | examinations, abstract preparation, insurability determinations, and the issuance of title |
10 | commitments and title insurance policies, conducting loan closings, and preparation of loan-closing |
11 | documents when performed by, or under the supervision of, a licensed attorney, licensed title |
12 | agency, or licensed title insurance company. |
13 | (15) "Loan solicitation" shall mean an effectuation, procurement, delivery and offer, and |
14 | advertisement of a loan. Loan solicitation also includes providing or accepting loan applications |
15 | and assisting persons in completing loan applications and/or advising, conferring, or informing |
16 | anyone regarding the benefits, terms and/or conditions of a loan product or service. Loan |
17 | solicitation does not include loan processing or loan underwriting as defined in this section. Loan |
18 | solicitation does not include telemarketing that is defined, for purposes of this section, to mean |
19 | contacting a person by telephone with the intention of collecting such person's name, address, and |
20 | telephone number for the sole purpose of allowing a mortgage loan originator to fulfill a loan |
21 | inquiry. |
22 | (16) "Loan underwriting" shall mean a loan process that involves the analysis of risk with |
23 | respect to the decision whether to make a loan to a loan applicant based on credit, employment, |
24 | assets, and other factors, including evaluating a loan applicant against a lender's various lending |
25 | criteria for creditworthiness, making a determination for the lender as to whether the applicant |
26 | meets the lender's pre-established credit standards, and/or making a recommendation regarding |
27 | loan approval. |
28 | (17) "Monetary value" means a medium of exchange, whether or not redeemable in fiat |
29 | currency. |
30 | (18) "Mortgage loan" means a loan secured in whole, or in part, by real property located in |
31 | this state. |
32 | (19) "Mortgage loan originator" has the same meaning set forth in § 19-14.10-3(6). |
33 | (20) "Nationwide Multistate Licensing System" means a system involving more than one |
34 | state, the District of Columbia, or the Commonwealth of Puerto Rico and that is established to |
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1 | facilitate the sharing of regulatory information and the licensing, application, reporting, and |
2 | payment processes, by electronic or other means, for mortgage lenders and loan brokers and other |
3 | licensees required to be licensed under this chapter. |
4 | (21) "Natural person employee" shall mean any natural person performing services as a |
5 | bona fide employee for a person or entity licensed under § 19-14-1 et seq., in return for a salary, |
6 | wage, or other consideration, where such salary, wage, or consideration is reported by the licensee |
7 | on a federal form W-2 payroll record. The term does not include any natural person or business |
8 | entity performing services for a person licensed under the provisions of Rhode Island general laws |
9 | in return for a salary, wage, or other consideration, where such salary, wage, or consideration is |
10 | reported by the licensee on a federal form 1099. |
11 | (22) "Negative equity" means the difference between the value of an asset and the |
12 | outstanding portion of the loan taken out to pay for the asset, when the latter exceeds the former |
13 | amount. |
14 | (23) "Negotiates" shall mean, with respect to a loan, to confer directly with, or offer advice |
15 | directly to, a loan applicant or prospective loan applicant for a loan product or service concerning |
16 | any of the substantive benefits, terms, or conditions of the loan product or service. |
17 | (24) "Nonprofit organization" means a corporation qualifying as a 26 U.S.C. § 501(c)(3) |
18 | nonprofit organization, in the operation of which no member, director, officer, partner, employee, |
19 | agent, or other affiliated person profits financially other than receiving reasonable salaries if |
20 | applicable. |
21 | (25) "Operating subsidiary" shall mean a majority-owned subsidiary of a financial |
22 | institution or banking institution that engages only in activities permitted by the parent financial |
23 | institution or banking institution. |
24 | (26) "Oversight and supervision of the licensee" shall mean that the licensee provides |
25 | training to the employee, sets the employee's hours of work, and provides the employee with the |
26 | equipment and physical premises required to perform the employee's duties. |
27 | (27) "Personal money order" means any instrument for the transmission or payment of |
28 | money in relation to which the purchaser or remitter appoints, or purports to appoint, the seller as |
29 | his or her agent for the receipt, transmission, or handling of money, whether the instrument is signed |
30 | by the seller, or by the purchaser, or remitter, or some other person. |
31 | (28) "Primary market" means the market in which loans are made to borrowers by lenders, |
32 | whether or not through a loan broker or other conduit. |
33 | (29) "Principal owner" means any person or entity who or that owns, controls, votes, or has |
34 | a beneficial interest in, directly or indirectly, ten percent (10%) or more of the outstanding capital |
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1 | stock and/or equity interest of a licensee. |
2 | (30) "Processes" shall mean, with respect to a loan, any of a series of acts or functions, |
3 | including the preparation of a loan application and supporting documents, performed by a person |
4 | that leads to, or results in, the acceptance, approval, denial, and/or withdrawal of a loan application, |
5 | including, without limitation, the rendering of services, including loan underwriting, obtaining |
6 | verifications, credit reports or appraisals, communicating with the applicant and/or the lender or |
7 | loan broker, and/or other loan processing and origination services, for consideration by a lender or |
8 | loan broker. Loan processing does not include the following: |
9 | (i) Providing loan closing services; |
10 | (ii) Rendering of credit reports by an authorized credit reporting agency; and |
11 | (iii) Rendering of appraisal services. |
12 | (31) "Provisional employee" means a natural person who, pursuant to a written agreement |
13 | between the natural person and a wholly owned subsidiary of a financial holding company, as |
14 | defined in the Bank Holding Company Act of 1956 (12 U.S.C. § 1841 et seq.), as amended, a bank- |
15 | holding company, savings-bank-holding company, or thrift-holding company, is an exclusive agent |
16 | for the subsidiary with respect to mortgage loan originations and the subsidiary: (a) Holds a valid |
17 | loan broker's license; and (b) Enters into a written agreement with the director, or the director's |
18 | designee, to include: |
19 | (i) An "undertaking of accountability," in a form prescribed by the director, or the director's |
20 | designee, for all of the subsidiary's exclusive agents to include full-and-direct financial and |
21 | regulatory responsibility for the mortgage loan originator activities of each exclusive agent as if |
22 | said exclusive agent were an employee of the subsidiary; |
23 | (ii) A business plan, to be approved by the director, or the director's designee, for the |
24 | education of the exclusive agents, the handling of consumer complaints related to the exclusive |
25 | agents, and the supervision of the mortgage loan origination activities of the exclusive agents; and |
26 | (iii) A restriction of the exclusive agents' mortgage loan originators' activities to loans to |
27 | be made only by the subsidiary's affiliated bank. |
28 | (32) "Sell" means to sell, to issue, or to deliver a check. |
29 | (33) "Servicing" means receiving a scheduled, periodic payment from a borrower, pursuant |
30 | to the terms of a loan, including amounts for escrow accounts, and making the payments to the |
31 | owner of the loan or other third party of principal and interest and other payments with respect to |
32 | the amounts received from the borrower as may be required pursuant to the terms of the servicing |
33 | loan documents or servicing contract. In the case of a home equity conversion mortgage or a reverse |
34 | mortgage, servicing includes making payment to the borrower. |
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1 | (34) "Simple interest" means interest computed on the principal balance outstanding |
2 | immediately prior to a payment for one plus the actual number of days between payments made on |
3 | a loan over the life of a loan. |
4 | (35) "Small loan" means a loan of less than five thousand dollars ($5,000), not secured by |
5 | real estate or a motor vehicle title, made pursuant to the provisions of chapter 14.2 of this title. |
6 | (36) "Small-loan lender" means a lender engaged in the business of making small loans |
7 | within this state. |
8 | (37) "Stored value" means monetary value representing a claim against the issuer that is |
9 | stored on an electronic or digital medium and is evidenced by an electronic or digital record, and |
10 | that is intended and accepted for use as a means of redemption for money or monetary value or |
11 | payment for goods or services. The term does not include stored value that is redeemable by the |
12 | issuer exclusively in goods or services; stored value that is redeemable exclusively in goods or |
13 | services limited to transactions involving a defined merchant or location or set of locations, such |
14 | as a specific retailer or retail chain, college campus, or program points, miles, or other units issued |
15 | in connection with a customer affinity or rewards program, even if there is a secondary market for |
16 | the stored value. |
17 | (38) "Table-funding transaction" means a transaction in which there is a contemporaneous |
18 | advance of funds by a lender and an assignment by the mortgagee or creditor of the loan to the |
19 | lender. |
20 | (39) "Third-party loan servicer" means a person or entity who or that, directly or indirectly, |
21 | engages in the business of servicing a loan secured by residential real estate located in Rhode Island, |
22 | for a personal, family, or household purpose, owed or due, or asserted to be owed or due, another, |
23 | or a person or entity that owns the servicing rights to a loan secured by residential real estate located |
24 | in Rhode Island whether or not that owner services the loan themselves or contracts with another |
25 | person or entity for the servicing. |
26 | (40) "Virtual currency": |
27 | (i) Means a digital representation of value that: |
28 | (A) Is used as a medium of exchange, unit of account, or store of value; and |
29 | (B) Is not legal tender, whether or not denominated in legal tender; and |
30 | (ii) Does not include: |
31 | (A) A transaction in which a merchant grants, as part of an affinity or rewards program, |
32 | value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or |
33 | virtual currency; |
34 | (B) A digital representation of value issued by or on behalf of a publisher and used solely |
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1 | within an online game, game platform, or family of games sold by the same publisher or offered |
2 | on the same game platform; |
3 | (C) Native digital token used in a proprietary blockchain service platform; or |
4 | (D) A gift certificate; store gift card; general-use prepaid card; or loyalty, award, or |
5 | promotional gift card, as these terms are defined in federal Regulation E, 12 C.F.R. 1005.20(a), |
6 | without giving effect to any exception as specified in 31 C.F.R. 1010.100(kkk) or any card, code |
7 | or device, or other device that can add funds to those products. |
8 | (41) "Writing" means hard-copy writing or electronic writing that meets the requirements |
9 | of § 42-127.1-2(7). |
10 | SECTION 2. Section 19-14.1-7 of the General Laws in Chapter 19-14.1 entitled "Lenders |
11 | and Loan Brokers" is hereby amended to read as follows: |
12 | 19-14.1-7. Assignment of wages simultaneous with loan -- Liens on furniture. |
13 | Assignment of wages simultaneous with loan -- Liens on furniture and motor vehicles. |
14 | No assignment of, or order for, payment of any salary, wages, commissions, or other |
15 | compensation for services, earned or to be earned, given to secure any loan made by any licensee |
16 | under this chapter, shall be valid unless the amount of the loan is paid to the borrower |
17 | simultaneously with its execution; nor shall the assignment or order, or any chattel mortgage or |
18 | other lien on household furniture or on a motor vehicle then in the possession and use of the |
19 | borrower be valid unless it is in writing, signed in person by the borrower, nor if the borrower is |
20 | married unless it is signed in person by both husband and wife, provided that written assent of a |
21 | spouse shall not be required when husband and wife have been living separate and apart for a period |
22 | of at least five (5) months prior to the making of the assignment, order, mortgage, or lien. |
23 | SECTION 3. Section 19-14.2-7 of the General Laws in Chapter 19-14.2 entitled "Small |
24 | Loan Lenders" is hereby amended to read as follows: |
25 | 19-14.2-7. Assignment of wages simultaneous with loan -- Liens on furniture. |
26 | Assignment of wages simultaneous with loan -- Liens on furniture and motor vehicles. |
27 | No assignment of, or order for, payment of any salary, wages, commissions, or other |
28 | compensation for services, earned or to be earned, given to secure any loan made by any small loan |
29 | lender under this chapter, shall be valid unless the amount of the loan is paid to the borrower |
30 | simultaneously with its execution; nor shall the assignment or order, or any chattel mortgage or |
31 | other lien on household furniture or on a motor vehicle then in the possession and use of the |
32 | borrower, be valid unless it is in writing, signed in person by the borrower, nor if the borrower is |
33 | married unless it is signed in person by both husband and wife, provided that written assent of a |
34 | spouse shall not be required when husband and wife have been living separate and apart for a period |
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1 | of at least five (5) months prior to the making of the assignment, order, mortgage, or lien. |
2 | SECTION 4. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FINANCIAL INSTITUTIONS -- SMALL LOAN LENDERS | |
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1 | This act would protect borrowers using motor vehicle titles as collateral for loans. |
2 | This act would take effect upon passage. |
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