Senate
Study
Bill
3018
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/CREDIT
UNION
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
the
credit
union
division
and
its
regulatory
1
matters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
7A.4,
Code
2016,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
5.
Superintendent
of
credit
unions.
3
Sec.
2.
Section
533.113,
subsection
1,
paragraph
d,
Code
4
2016,
is
amended
to
read
as
follows:
5
d.
Make
or
cause
to
be
made
an
examination
of
any
person
6
having
business
transactions
or
a
relationship
with
any
state
7
credit
union
,
upon
application
to
and
order
of
the
district
8
court
of
Polk
county,
when
such
examination
is
deemed
necessary
9
and
advisable
in
order
to
determine
whether
the
capital
of
10
the
state
credit
union
is
impaired
or
whether
the
safety
of
11
its
deposits
,
its
financial
information
or
accounts,
or
its
12
computer
systems
or
computer
networks,
is
imperiled.
13
Sec.
3.
Section
533.114,
subsection
2,
paragraphs
b
and
c,
14
Code
2016,
are
amended
to
read
as
follows:
15
b.
A
summary
of
the
assets,
liabilities,
and
capital
16
structures
of
all
state
credit
unions
,
and
a
summary
of
the
17
volume
of
consumer
installment
credit
outstanding
per
state
18
credit
union,
as
of
December
31
of
the
year
for
which
the
19
report
is
made.
20
c.
A
statement
of
the
receipts
and
disbursements
of
funds
21
of
the
superintendent
during
the
calendar
fiscal
year
ending
22
on
the
preceding
December
31
June
30
of
the
year
for
which
the
23
report
is
made
and
of
the
funds
on
hand
on
that
December
31,
24
including
an
estimate
of
the
disbursements
of
credit
union
25
division
funds
for
consumer
credit
protection
during
the
year
26
for
which
the
report
is
made
June
30
.
27
Sec.
4.
NEW
SECTION
.
533.115A
Conducting
business
outside
28
of
state.
29
If
a
state
credit
union
has
an
office
and
conducts
business
30
in
another
state
having
laws
or
regulations
allowing
credit
31
unions
to
exercise
additional
powers,
the
state
credit
union
32
may
request
permission
from
the
superintendent
to
exercise
such
33
additional
powers
while
operating
in
the
other
state
with
only
34
the
resident
members
of
that
other
state.
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Sec.
5.
NEW
SECTION
.
533.201A
Change
in
place
of
business.
1
1.
A
state
credit
union
shall
notify
the
superintendent
2
of
any
change
in
its
principal
place
of
business
within
ten
3
days
of
the
change.
A
state
credit
union
shall
also
file
an
4
application
to
relocate
an
office
as
provided
by
rule.
5
2.
A
state
credit
union
changing
its
principal
place
of
6
business
shall
review
and
amend
its
articles
of
incorporation,
7
if
necessary.
8
Sec.
6.
Section
533.205,
Code
2016,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
9.
Penalties.
The
superintendent
may
11
impose
a
penalty,
after
notice
in
writing
and
opportunity
for
12
a
hearing,
for
a
violation
of
this
section.
If
a
state
credit
13
union
fails
to
satisfactorily
resolve
the
matter
within
sixty
14
days
from
receipt
of
such
notice,
the
superintendent
may
impose
15
a
penalty
against
the
state
credit
union
in
an
amount
not
to
16
exceed
one
hundred
dollars
per
day
per
violation
for
each
day
17
that
the
violation
remains
unresolved.
18
Sec.
7.
Section
533.301,
subsection
25,
Code
2016,
is
19
amended
to
read
as
follows:
20
25.
Engage
in
any
activity
authorized
by
the
superintendent
21
which
would
be
permitted
if
the
state
credit
union
were
22
federally
chartered
and
which
is
consistent
with
state
law
.
23
Sec.
8.
NEW
SECTION
.
533.331
Data
breach
——
duty
to
notify.
24
1.
In
accordance
with
12
C.F.R.
pt.
748,
Appendix
B,
a
state
25
credit
union
shall
maintain
an
information
security
response
26
program
that
includes
procedures
for
notifying
the
credit
union
27
division
as
soon
as
possible
after
the
credit
union
becomes
28
aware
of
an
incident
involving
unauthorized
access
to
or
use
of
29
sensitive
member
information
that
would
permit
access
to
the
30
member’s
account,
as
further
detailed
in
12
C.F.R.
pt.
748.
31
2.
State
credit
unions
that
experience
an
information
32
security
breach
may
be
subject
to
chapter
715C.
33
Sec.
9.
Section
533.401,
subsection
1,
Code
2016,
is
amended
34
to
read
as
follows:
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1.
With
the
approval
of
the
superintendent
and
the
national
1
credit
union
administration
,
a
state
credit
union
may
merge
2
with
another
credit
union
under
the
existing
certificate
of
3
approval
of
the
other
credit
union
if
the
merger
is
pursuant
4
to
a
plan
agreed
upon
by
a
majority
of
the
board
of
directors
5
of
each
credit
union
joining
in
the
merger
and
the
merger
6
is
approved
by
the
affirmative
vote
of
a
majority
of
the
7
members
of
the
merging
credit
union
according
to
the
provisions
8
of
section
533.203
.
At
least
twenty
days’
notice
shall
be
9
provided
between
the
sending
of
notice
and
the
scheduled
10
conclusion
of
the
vote.
11
Sec.
10.
REPEAL.
Sections
533.327
and
533.328,
Code
2016,
12
are
repealed.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
modifies
several
provisions
that
relate
to
the
17
credit
union
division.
18
The
bill
amends
Code
section
7A.4
by
adding
the
19
superintendent
of
credit
unions
to
the
list
of
officials
20
required
to
submit
an
annual
report
to
the
governor.
21
The
bill
amends
Code
section
533.113(1)
by
eliminating
the
22
need
for
the
superintendent
to
apply
to
and
seek
an
order
from
23
the
district
court
of
Polk
county
in
order
to
examine
any
24
person
having
business
transactions
or
a
relationship
with
any
25
state
credit
union
when
capital
is
impaired
or
deposit
safety
26
is
at
issue.
The
bill
also
adds
the
safety
of
a
credit
union’s
27
financial
information
or
accounts,
and
computer
systems
or
28
computer
networks,
as
grounds
for
such
an
examination.
29
The
bill
amends
Code
section
533.114(2)(b)
by
eliminating
30
the
need
for
the
superintendent
to
include
a
summary
of
the
31
volume
of
consumer
installment
credit
outstanding
per
state
32
credit
union
in
the
superintendent’s
annual
report.
33
The
bill
amends
Code
section
533.114(2)(c)
by
changing
34
the
date
that
the
superintendent
is
required
to
provide
a
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statement
of
the
receipts
and
disbursements
of
funds
of
the
1
superintendent
and
of
the
remaining
funds
on
hand,
to
the
end
2
of
the
fiscal
year.
3
The
bill
creates
new
Code
section
533.115A
to
require
credit
4
unions
that
operate
in
another
state
which
has
laws
that
give
5
credit
unions
additional
powers
to
request
permission
from
6
the
superintendent
to
exercise
those
additional
powers
while
7
operating
in
the
other
state
with
only
the
resident
members
of
8
that
other
state.
9
The
bill
creates
new
Code
section
533.201A
to
require
a
state
10
credit
union
to
notify
the
superintendent
of
any
change
to
11
its
principal
place
of
business
and
to
file
an
application
to
12
relocate
an
office
as
provided
by
rule.
The
bill
also
provides
13
that
a
credit
union
shall
review
and
amend
its
articles
of
14
incorporation
after
such
a
change
if
necessary.
15
The
bill
amends
Code
section
533.205
authorizing
penalties
16
for
any
violation
of
that
Code
section,
which
pertains
to
17
the
duties
of
the
board
of
directors
of
a
credit
union.
The
18
superintendent
may
impose
a
penalty
of
not
more
than
$100
19
per
day
per
violation
for
each
day
that
the
violation
is
20
unresolved,
after
notice
and
an
opportunity
for
a
hearing
and
a
21
60-day
period
for
resolving
the
violation.
22
The
bill
amends
Code
section
533.301(25),
which
relates
to
23
the
power
of
a
state
credit
union
to
engage
in
any
activity
24
which
would
be
permitted
if
the
state
credit
union
was
25
federally
chartered,
by
eliminating
the
requirement
that
the
26
federally
chartered
activity
must
be
consistent
with
state
law.
27
The
bill
creates
new
Code
section
533.331
to
specify
that
28
a
state
credit
union
shall
maintain
an
information
security
29
response
program,
including
notification
procedures,
in
the
30
event
of
a
data
breach
and
in
accordance
with
federal
law.
31
The
bill
also
states
that
state
credit
unions
that
experience
32
a
security
breach
may
be
subject
to
the
provisions
of
Code
33
chapter
715C,
which
relates
to
criminal
penalties
for
personal
34
information
security
breach
protection.
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The
bill
amends
Code
section
533.401(1)
to
require
the
1
approval
of
the
national
credit
union
administration,
in
2
addition
to
the
superintendent,
for
a
state
credit
union
to
3
merge
with
a
federal
or
another
state’s
credit
union.
4
The
bill
repeals
Code
section
533.327,
regarding
a
change
5
in
a
credit
union’s
place
of
business.
The
language
from
6
this
section
is
modified
and
incorporated
into
new
Code
7
section
533.201A.
The
bill
also
repeals
Code
section
533.328,
8
regarding
credit
unions
conducting
business
outside
of
the
9
state.
The
language
from
this
section
is
incorporated
into
new
10
Code
section
533.115A.
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