House Study Bill 67 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            COMMERCE/CREDIT UNION
                                            DIVISION BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to matters under the purview of the credit union
  2    division of the department of commerce.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1226XD 83
  5 rn/nh/14

PAG LIN



  1  1    Section 1.  Section 533.102, subsection 4, Code 2009, is
  1  2 amended to read as follows:
  1  3    4.  "Credit union service organization" means a corporation
  1  4 or limited partnership organized under state law with
  1  5 ownership primarily restricted to credit unions, to
  1  6 organizations of credit unions, or to credit union members,
  1  7 and which is designed to provide financial and
  1  8 financial=related services for primarily to one or more credit
  1  9 unions, each of which owns may own part of the capital stock
  1 10 of the credit union service organization, as authorized under
  1 11 section 533.301, subsection 5, paragraph "f", and which
  1 12 corporation or limited partnership is subject to examination
  1 13 by the credit union division of the Iowa department of
  1 14 commerce or a federal supervisory agency to organizations of
  1 15 credit unions, or to credit union members.
  1 16    Sec. 2.  Section 533.106, subsections 2 and 3, Code 2009,
  1 17 are amended to read as follows:
  1 18    2.  a.  A state credit union, or its officers, directors,
  1 19 or employees, shall not directly or indirectly make a loan of
  1 20 money or property to the superintendent or deputy
  1 21 superintendent.
  1 22    b.  The superintendent or deputy superintendent shall not
  1 23 directly or indirectly accept a loan of money or property from
  1 24 a state credit union, or its officers, directors, or
  1 25 employees.
  1 26    3.  a.  An employee of the credit union division, other
  1 27 than the superintendent or deputy superintendent, may borrow
  1 28 money from a state credit union only on comparable terms and
  1 29 conditions to those ordinarily extended to all members of the
  1 30 credit union.  The employee shall notify the superintendent of
  1 31 the acceptance of a loan from a state credit union.
  1 32    b.  The superintendent may restrict borrowing by employees
  1 33 from state credit unions if the superintendent determines such
  1 34 borrowing will interfere with the functions of the credit
  1 35 union division.
  2  1    c.  An employee shall not participate in the examination of
  2  2 a credit union where the employee has a loan.
  2  3    Sec. 3.  Section 533.108, subsection 1, paragraph b, Code
  2  4 2009, is amended to read as follows:
  2  5    b.  Papers, documents, writings, reports, reports of
  2  6 examinations, and other information relating specifically to
  2  7 the supervision and regulation of a specific state credit
  2  8 union or of other persons by the superintendent pursuant to
  2  9 the laws of this state are not public records and shall not be
  2 10 open for examination or copying by the public or for
  2 11 examination or publication by the news media.  The
  2 12 superintendent or an employee of the credit union division
  2 13 shall not disclose such information in any manner to any
  2 14 person other than the person examined, except as otherwise
  2 15 authorized by this section.  A state credit union or other
  2 16 person subject to an examination, as authorized under section
  2 17 533.113, and all directors, officers, employees, agents, and
  2 18 other persons furnished a copy of a report of examination, as
  2 19 authorized under section 533.113, or who are in possession of
  2 20 other information that, pursuant to the laws of this state,
  2 21 are not public records as provided in this section, shall not
  2 22 publish or make public the information and such information
  2 23 shall not be subject to subpoena from any such person.
  2 24    Sec. 4.  Section 533.203, subsection 2, Code 2009, is
  2 25 amended by adding the following new paragraph:
  2 26    NEW PARAGRAPH.  d.  A minor under sixteen years of age
  2 27 shall not vote in the meetings of members either personally or
  2 28 through the minor's parent or guardian.
  2 29    Sec. 5.  Section 533.204, subsection 5, Code 2009, is
  2 30 amended to read as follows:
  2 31    5.  a.  A state credit union wishing to maintain a board of
  2 32 directors of less than nine members may shall apply to the
  2 33 superintendent for permission to reduce the required number of
  2 34 directors.  An application to reduce the required number of
  2 35 directors under this subsection must demonstrate both of the
  3  1 following:
  3  2    a.  (1)  The application is necessitated by a hardship or
  3  3 other special circumstance.
  3  4    b.  (2)  A lesser number of directors is in the best
  3  5 interest of the state credit union and its members.
  3  6    b.  In no event may the The superintendent shall not allow
  3  7 fewer than seven directors on a state credit union board.
  3  8    Sec. 6.  Section 533.204, Code 2009, is amended by adding
  3  9 the following new subsections:
  3 10    6.  An employee of a state credit union shall not be a
  3 11 member of the board of directors.  For purposes of this
  3 12 section, "employee of a state credit union" means an
  3 13 individual employed by the state credit union other than the
  3 14 chief executive officer.
  3 15    7.  A person shall not be elected to the board of directors
  3 16 unless the person is at least eighteen years old by the date
  3 17 on which the annual meeting is held.
  3 18    Sec. 7.  Section 533.205, subsection 6, paragraph b, Code
  3 19 2009, is amended by striking the paragraph.
  3 20    Sec. 8.  Section 533.208, subsection 3, Code 2009, is
  3 21 amended to read as follows:
  3 22    3.  Suspend by unanimous vote any officer, director, or
  3 23 member of the auditing committee and call the members together
  3 24 to act on the suspension, if the auditing committee deems the
  3 25 action to be necessary to the proper conduct of the state
  3 26 credit union.  A member of the auditing committee shall not
  3 27 participate in a vote to suspend if that member is the subject
  3 28 of the vote and shall not be included in the number
  3 29 determining a unanimous vote of the committee.  The members at
  3 30 the meeting may sustain the suspension and remove the officer,
  3 31 director, or member permanently or may reinstate the officer,
  3 32 director, or member.
  3 33    Sec. 9.  Section 533.301, subsection 5, paragraph f, Code
  3 34 2009, is amended to read as follows:
  3 35    f.  Shares, stocks, loans, and other obligations or a
  4  1 combination of shares, stocks, loans, and other obligations of
  4  2 a credit union service organization, corporation, or
  4  3 association, provided the membership or ownership, as the case
  4  4 may be, of the credit union service organization, corporation,
  4  5 or association is primarily confined or restricted to credit
  4  6 unions or organizations of credit unions, and provided that
  4  7 the purpose of the credit union service organization,
  4  8 corporation, or association is primarily designed to provide
  4  9 services to credit unions, organizations of credit unions, or
  4 10 credit union members.  However, the aggregate amount invested
  4 11 pursuant to this paragraph shall not exceed five percent of
  4 12 the assets of the credit union.
  4 13    Sec. 10.  Section 533.309, subsection 3, Code 2009, is
  4 14 amended to read as follows:
  4 15    3.  ACCOUNT FOR MINORS.  Shares may be issued and deposits
  4 16 accepted in the name of a minor.  Such shares and deposits may
  4 17 be withdrawn by the minor and payments made on such
  4 18 withdrawals shall be valid.  A minor under sixteen years of
  4 19 age shall not be entitled to vote in the meetings of the
  4 20 members either personally or through the minor's parent or
  4 21 guardian, and a minor shall not become a director until the
  4 22 minor reaches the minor's eighteenth birthday.
  4 23    Sec. 11.  Section 533.501, subsection 1, Code 2009, is
  4 24 amended to read as follows:
  4 25    1.  VIOLATION OF LAW, RULE, OR CEASE AND DESIST ORDER OR
  4 26 ENGAGING IN UNSAFE OR UNSOUND PRACTICE.
  4 27    a.  (1)  If the superintendent has reason to believe that
  4 28 an officer, director, employee, or committee member of a state
  4 29 credit union has violated any law, rule, or cease and desist
  4 30 order relating to a state credit union, or has engaged in an
  4 31 unsafe or unsound practice in conducting the business of a
  4 32 state credit union, the superintendent may cause notice to be
  4 33 served upon the officer, director, employee, or committee
  4 34 member to appear before the superintendent to show cause why
  4 35 the person should not be removed from office or employment.  A
  5  1 copy of such notice shall be sent by certified mail or
  5  2 restricted certified mail to each director of the state credit
  5  3 union affected.
  5  4    (2)  If the superintendent finds that the accused has
  5  5 violated a law, rule, or cease and desist order relating to a
  5  6 state credit union, or has engaged in an unsafe or unsound
  5  7 practice in conducting the business of a state credit union,
  5  8 after granting the accused a hearing before an independent
  5  9 administrative law judge, the superintendent in the
  5 10 superintendent's discretion may order that the accused be
  5 11 removed from office and from any position of employment with
  5 12 the state credit union.  The superintendent may further order
  5 13 that the accused not accept employment in any state credit
  5 14 union under the superintendent's jurisdiction without the
  5 15 superintendent's prior approval.
  5 16    (3)  A copy of the order shall be served upon the accused
  5 17 and upon the state credit union affected, at which time the
  5 18 accused shall cease to be an officer, director, employee, or
  5 19 committee member of the state credit union.
  5 20    b.  (1)  If the superintendent determines that a state
  5 21 credit union has violated any of the provisions of this
  5 22 chapter or rules adopted pursuant to this chapter, after
  5 23 notice and opportunity for hearing, the superintendent shall
  5 24 order the state credit union to correct the violation, except
  5 25 when the state credit union is insolvent.
  5 26    (2)  The superintendent may specify the manner in which the
  5 27 violation is to be corrected and grant the state credit union
  5 28 not more than sixty days within which to comply with the
  5 29 order.
  5 30    (3)  The superintendent may revoke a state credit union's
  5 31 certificate of approval for failure to comply with the order.
  5 32    (4)  If the certificate of approval has been revoked, the
  5 33 superintendent may apply to the district court of the county
  5 34 in which the state credit union is located for the appointment
  5 35 of a receiver for the state credit union.
  6  1                           EXPLANATION
  6  2    This bill makes changes to several provisions of Code
  6  3 chapter 533, dealing with state administration and regulation
  6  4 of credit unions.
  6  5    The bill modifies the definition of "credit union service
  6  6 organization" to mean a corporation or limited partnership
  6  7 with ownership primarily consisting of, and providing services
  6  8 primarily to, credit unions, organizations of credit unions,
  6  9 or credit union members, and deletes similar language
  6 10 currently contained elsewhere in Code chapter 533.  The bill
  6 11 makes provisions regarding the making of or acceptance of a
  6 12 loan and the borrowing of money by or from a credit union
  6 13 which currently apply to the superintendent of credit unions
  6 14 also applicable to the deputy superintendent of credit unions.
  6 15    The bill provides that a state credit union or other person
  6 16 subject to an authorized examination and all directors,
  6 17 officers, employees, agents, and other persons furnished a
  6 18 copy of a report of examination, or who are in possession of
  6 19 other information not identified as a public record, shall not
  6 20 publish or make public that information and that such
  6 21 information shall not be subject to subpoena.
  6 22    The bill relocates a provision restricting the ability to
  6 23 vote in credit union membership meetings to persons over the
  6 24 age of 16 to Code section 533.203, dealing with membership
  6 25 meetings, and deletes the same provision elsewhere in Code
  6 26 chapter 533.  The bill makes mandatory a currently optional
  6 27 provision directing a state credit union to apply to the
  6 28 superintendent for permission to reduce board membership to a
  6 29 level below nine members.  The bill relocates a provision
  6 30 prohibiting an employee of a state credit union from being a
  6 31 member of the board of directors of the credit union,
  6 32 clarifies that "employee" in this instance does not include
  6 33 the chief executive officer of the credit union, and provides
  6 34 that a person must be at least 18 years of age by the date of
  6 35 the credit union's annual meeting to be elected to the board
  7  1 of directors.
  7  2    The bill provides that a member of a credit union auditing
  7  3 committee shall not participate in a vote to suspend an
  7  4 officer, director, or member of the committee if that member
  7  5 is the subject of the vote.  Additionally, the bill makes
  7  6 changes of a primarily technical nature regarding specified
  7  7 subsection headnotes.
  7  8 LSB 1226XD 83
  7  9 rn/nh/14