House
File
131
-
Reprinted
HOUSE
FILE
131
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
35)
(As
Amended
and
Passed
by
the
House
March
6,
2023
)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
credit
1
union
division
of
the
department
of
commerce.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
12C.16,
subsection
1,
paragraph
b,
1
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
2
to
read
as
follows:
3
The
credit
union
may
deposit,
maintain,
pledge
and
assign
4
for
the
benefit
of
the
public
officer
in
the
manner
provided
5
in
this
chapter
,
securities
approved
by
the
public
officer,
6
the
market
value
of
which
is
not
less
than
one
hundred
ten
one
7
hundred
percent
of
the
total
deposits
of
public
funds
placed
8
by
that
public
officer
in
the
credit
union
,
less
the
amount
9
of
deposits
that
are
federally
insured
.
The
securities
shall
10
consist
of
any
of
the
following:
11
Sec.
2.
Section
12C.16,
subsection
1,
paragraph
b,
12
subparagraph
(1),
subparagraph
division
(d),
Code
2023,
is
13
amended
to
read
as
follows:
14
(d)
To
the
extent
of
the
guarantee,
loans,
obligations,
or
15
nontransferable
Nontransferable
letters
of
credit
upon
which
16
the
payment
of
principal
and
interest
is
fully
secured
or
17
guaranteed
by
the
United
States
of
America
,
or
an
agency
or
18
instrumentality
of
the
United
States
of
America,
a
corporate
19
central
credit
union
organized
under
section
533.213
the
20
national
cooperative
bank,
the
federal
home
loan
bank
of
Des
21
Moines,
Iowa
,
or
a
any
corporate
credit
union
whose
activities
22
are
capital
level
remains
well-capitalized
pursuant
to
12
23
C.F.R.
pt.
704
and
is
subject
to
regulation
by
the
national
24
credit
union
administration
,
and
the
rating
of
any
one
of
such
25
credit
unions
remains
within
the
two
highest
classifications
26
of
prime
established
by
at
least
one
of
the
standard
rating
27
services
approved
by
the
superintendent
of
banking
by
rule
28
pursuant
to
chapter
17A
,
or
any
other
entity
approved
by
the
29
treasurer
of
state
.
The
treasurer
of
state
shall
adopt
rules
30
pursuant
to
chapter
17A
to
implement
this
section
.
31
Sec.
3.
Section
12C.16,
Code
2023,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
3.
If
the
credit
rating
of
the
national
34
cooperative
bank
or
the
federal
home
loan
bank
of
Des
Moines,
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Iowa,
is
lowered
to
a
rating
not
within
the
two
highest
1
classifications
of
prime
as
established
by
at
least
one
of
2
the
standard
rating
services
approved
by
the
superintendent
3
of
banking
by
rule
pursuant
to
chapter
17A,
or
a
corporate
4
credit
union’s
capital
levels
fall
below
the
well-capitalized
5
standard
in
12
C.F.R.
pt.
704,
then
the
national
cooperative
6
bank,
federal
home
loan
bank
of
Des
Moines,
Iowa,
or
corporate
7
credit
union
shall
immediately
notify
the
treasurer
of
state
8
and
each
credit
union
that
is
securing
public
deposits
by
use
9
of
a
letter
of
credit
issued
by
the
bank
or
corporate
credit
10
union.
Each
credit
union,
upon
such
a
notification
from
the
11
national
cooperative
bank,
federal
home
loan
bank
of
Des
12
Moines,
Iowa,
corporate
credit
union,
or
treasurer
of
state,
13
shall
immediately
return
the
deposits,
with
interest
accrued
to
14
the
date
of
notification,
to
the
public
units
that
are
secured
15
by
letter
of
credit.
16
Sec.
4.
Section
12C.17,
subsection
1,
paragraph
c,
Code
17
2023,
is
amended
to
read
as
follows:
18
c.
The
securities
shall
be
deposited
with
the
federal
19
reserve
bank,
national
cooperative
bank,
the
federal
home
loan
20
bank
of
Des
Moines,
Iowa,
a
corporate
central
credit
union
21
organized
under
section
533.213
,
or
a
corporate
credit
union
22
whose
activities
are
subject
to
regulation
by
the
national
23
credit
union
administration
pursuant
to
a
bailment
agreement
24
or
a
pledge
custody
agreement.
25
Sec.
5.
Section
533.205,
subsection
8,
Code
2023,
is
amended
26
to
read
as
follows:
27
8.
A
credit
union
director
shall
not
receive
compensation
28
for
service
as
a
director.
However,
a
director
may
be
29
reimbursed
Subject
to
its
bylaws,
a
credit
union
may
provide
30
compensation
to
directors
for
their
service
and
reimburse
31
directors
for
reasonable
expenses
directly
related
to
such
32
service.
33
Sec.
6.
Section
533.205,
Code
2023,
is
amended
by
adding
the
34
following
new
subsections:
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NEW
SUBSECTION
.
10.
A
director
of
a
state
credit
union
1
shall
not
receive
terms
or
be
paid
a
rate
of
interest
on
2
deposits
by
a
state
credit
union
of
which
the
person
is
a
3
director
that
are
more
favorable
than
that
provided
to
any
4
other
member
under
similar
circumstances.
Any
waiver
of
5
ordinary
or
customary
charges
related
to
deposit
accounts
shall
6
not
violate
this
subsection.
7
NEW
SUBSECTION
.
11.
A
director
of
a
state
credit
union
8
shall
not
purchase
any
assets
from,
lease
any
assets
from,
sell
9
any
assets
to,
or
lease
any
assets
to
a
state
credit
union
10
of
which
the
person
is
a
director
except
upon
terms
not
less
11
favorable
to
the
state
credit
union
than
those
offered
to
or
12
by
other
persons.
All
purchases
from,
leases
from,
sales
to,
13
and
leases
to
a
director
shall
receive
prior
approval
from
the
14
majority
of
the
board
of
directors
voting
in
the
absence
of
the
15
interested
director.
16
NEW
SUBSECTION
.
12.
A
director
of
a
state
credit
union
17
shall
not
receive
anything
of
value,
other
than
compensation
18
and
expense
reimbursement
authorized
by
this
section,
for
19
procuring,
or
attempting
to
procure,
any
loan
or
extension
20
of
credit
to
the
state
credit
union
or
for
procuring,
or
21
attempting
to
procure,
an
investment
by
the
state
credit
union.
22
Sec.
7.
Section
533.206,
Code
2023,
is
amended
to
read
as
23
follows:
24
533.206
Meetings
of
the
board.
25
1.
The
board
of
directors
shall
hold
at
least
six
regular
26
board
meetings
each
calendar
year.
No
more
than
one
regular
27
meeting
shall
be
held
in
any
one
calendar
month,
nor
shall
28
a
credit
union
go
longer
than
two
consecutive
months
without
29
holding
a
board
meeting.
If
a
credit
union
has
an
individual
30
rating
of
a
four
or
five,
or
a
composite
rating
of
three,
four,
31
or
five
under
the
Iowa
regulatory
risk
rating
system,
the
board
32
shall
meet
monthly.
33
2.
With
respect
to
a
newly
chartered
credit
union,
the
board
34
of
directors
shall
meet
not
less
frequently
than
monthly
during
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each
of
the
first
five
years
of
the
credit
union’s
existence.
1
3.
Unless
the
bylaws
provide
otherwise,
the
board
of
2
directors
may
permit
any
and
all
directors
to
participate
in
3
all
except
one
meeting
per
year
of
the
board
of
directors
4
through
the
use
of
any
means
of
communication
by
which
all
5
directors
participating
in
the
meeting
may
simultaneously
hear
6
each
other
and
communicate
during
the
meeting.
A
director
7
participating
in
a
meeting
by
this
means
is
deemed
to
be
8
present
at
the
meeting.
9
Sec.
8.
Section
533.210,
subsections
1
and
2,
Code
2023,
are
10
amended
to
read
as
follows:
11
1.
The
board
of
directors
may
expel
any
a
member
of
a
state
12
credit
union
who
has
failed
to
do
either
engaged
in
any
of
the
13
following:
14
a.
Carry
Failing
to
carry
out
the
member’s
obligations
to
15
the
state
credit
union.
16
b.
Comply
Failing
to
comply
with
the
state
credit
union’s
17
bylaws
or
policies.
18
c.
Being
physically
or
verbally
abusive
to
credit
union
19
members
or
staff.
20
d.
Committing
fraud,
attempted
fraud,
or
other
illegal
21
conduct
that
a
member
has
been
convicted
of
in
relation
to
the
22
credit
union.
23
2.
A
member
of
a
state
credit
union
may
be
expelled
by
a
24
majority
vote
of
the
board
of
directors
at
a
regular
or
special
25
meeting
of
the
board.
26
a.
An
expelled
member
may
request
a
hearing
before
the
27
membership
of
the
state
credit
union
superintendent
,
which
28
shall
be
held
within
sixty
ninety
days
of
an
expelled
member’s
29
request.
30
b.
At
the
hearing,
the
membership
superintendent
may
31
reinstate
the
expelled
member
by
majority
vote,
upon
terms
and
32
conditions
prescribed
at
the
hearing
if
the
credit
union
fails
33
to
prove
the
member
was
noncompliant
with
the
obligations
in
34
this
section
.
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Sec.
9.
Section
533.304,
subsection
2,
Code
2023,
is
amended
1
to
read
as
follows:
2
2.
A
state
credit
union
may
invest
in
either
any
of
the
3
following
to
the
extent
that
the
total
investments
under
this
4
section
shall
not
be
more
than
five
percent
of
the
state
credit
5
union’s
assets:
6
a.
Shares
or
equity
interests
in
venture
capital
funds
that
7
agree
to
invest
an
amount
equal
to
at
least
fifty
percent
of
8
the
state
credit
union’s
investment
in
small
businesses
having
9
their
principal
offices
within
this
state
and
having
either
10
more
than
one-half
of
their
assets
within
this
state
or
more
11
than
one-half
of
their
employees
employed
within
this
state.
12
b.
Shares
or
equity
interests
in
small
businesses
having
13
their
principal
offices
within
this
state
and
having
either
14
more
than
one-half
of
their
assets
within
this
state
or
more
15
than
one-half
of
their
employees
employed
within
this
state.
A
16
state
credit
union
shall
not
invest
in
more
than
twenty
percent
17
of
the
total
capital
and
surplus
of
any
one
small
business
18
under
this
paragraph.
19
c.
Shares
or
equity
interests
of
any
corporation
or
20
other
entity
which
develops
or
utilizes
new
or
innovative
21
technologies
that
are
or
may
be
applicable
to
the
provision
of
22
financial
services
or
products,
subject
to
the
approval
of
the
23
superintendent.
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