As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 510    5            

      1999-2000                                                    6            


                      REPRESENTATIVE EVANS                         8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 1733.32, to enact new sections       11           

                1733.329 and 1733.3210, and to repeal sections     12           

                1733.329 and 1733.3210 of the Revised Code to      13           

                revise the qualifications and duties of members                 

                of the Credit Union Council.                       14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 1733.32 be amended and new          18           

sections 1733.329 and 1733.3210 of the Revised Code be enacted to  19           

read as follows:                                                   20           

      Sec. 1733.32.  (A)(1)  The superintendent of financial       29           

institutions shall see that the laws relating to credit unions     31           

are executed and enforced.                                                      

      (2)  The deputy superintendent for credit unions shall be    34           

the principal supervisor of credit unions.  In that position the   35           

deputy superintendent for credit unions shall, notwithstanding     36           

division (A)(3) of this section, be responsible for conducting     37           

examinations and preparing examination reports under that          38           

division.  In addition, the deputy superintendent for credit       39           

unions shall, notwithstanding sections 1733.191, 1733.41,          40           

1733.411, and 1733.412 of the Revised Code, have the authority to  42           

adopt rules in accordance with those sections, and,                43           

notwithstanding section 1733.05 of the Revised Code, shall have    44           

the authority to approve issues and matters pertaining to fields   46           

of membership.  In performing or exercising any of the             47           

examination, rule-making, or other regulatory functions, powers,   48           

or duties vested by division (A)(2) of this section in the deputy  50           

                                                          2      


                                                                 
superintendent for credit unions, the deputy superintendent for    51           

credit unions shall be subject to the control of the               53           

superintendent of financial institutions.                                       

      (3)  The superintendent shall develop and implement a        55           

system for evaluating the safety and soundness of credit unions    56           

and for determining when examinations and supervisory actions are  57           

necessary.  Credit unions shall be subject to periodic             58           

examinations, as specified in rules adopted by the                 59           

superintendent, and their books, records, and accounts shall be    60           

open to the inspection of the superintendent at all times.  For    61           

the purpose of such examination or inspection, the superintendent  62           

may subpoena witnesses, administer oaths, receive testimony, and   63           

order the submission of documents.                                 64           

      (B)  Every credit union shall prepare and submit, on forms   66           

provided by the superintendent, a financial report to the          67           

superintendent showing its assets and liabilities whenever         68           

requested to do so by the superintendent.  Every financial report  69           

shall be verified by the oaths of the two principal officers in    70           

charge of the affairs of the credit union at the time of such      71           

verification and shall be submitted to the superintendent within   72           

thirty days after the superintendent requests the financial        73           

report.                                                            74           

      (C)  An annual financial report of the affairs and business  76           

of the credit union, showing its condition as of the thirty-first  77           

day of December unless otherwise authorized by the                 78           

superintendent, shall be filed with the superintendent not later   79           

than the date authorized in the rules adopted by the               80           

superintendent.                                                    81           

      (D)  If a financial report or an annual financial report is  83           

not filed with the superintendent in accordance with division (B)  84           

or (C) of this section, the superintendent may do both of the      85           

following:                                                         86           

      (1)  Assess a fine, determined by rule adopted by the        88           

superintendent, for each day the report is in arrears;             89           

                                                          3      


                                                                 
      (2)  If the superintendent gives written notice to the       91           

president of the credit union of the superintendent's intention    93           

to do so, issue an order revoking the credit union's articles of   94           

incorporation and appointing a liquidating agent to liquidate the  95           

credit union in accordance with section 1733.37 of the Revised     96           

Code.                                                                           

      (E)(1)  Except as provided in division (E)(2) of this        98           

section, each credit union doing business in this state shall      99           

remit, semiannually and within fifteen days after billing, to the  100          

treasurer of state, a supervisory fee in an amount determined by   101          

the superintendent, AND CONFIRMED BY THE CREDIT UNION COUNCIL.     103          

THE SUPERVISORY FEE DESCRIBED IN DIVISION (E)(1) OF THIS SECTION   104          

SHALL BE based on a percentage of the gross assets of the credit   106          

union as shown by its last annual financial report filed with the  107          

superintendent in accordance with division (C) of this section.    108          

The minimum supervisory fee shall be determined by the             109          

superintendent AND CONFIRMED BY THE CREDIT UNION COUNCIL.          110          

      (2)  Each corporate credit union doing business in this      112          

state shall remit, semiannually and within fifteen days after      113          

billing, to the treasurer of state, a supervisory fee determined   114          

by rule adopted by the superintendent AND CONFIRMED BY THE CREDIT  116          

UNION COUNCIL.  The aggregate annual amount of the fee shall not   117          

exceed the annual operating fee that the national credit union     118          

administration charges a federally chartered credit union          119          

pursuant to the "Federal Credit Union Act," 84 Stat. 994 (1970),   120          

12 U.S.C.A. 1751.                                                               

      (3)  THE SUPERINTENDENT ANNUALLY SHALL PRESENT TO THE        122          

CREDIT UNION COUNCIL FOR CONFIRMATION THE SUPERVISORY FEES TO BE   125          

BILLED CREDIT UNIONS AND CORPORATE CREDIT UNIONS PURSUANT TO                    

DIVISION (E) OF THIS SECTION.                                      126          

      (4)  If any supervisory fee is not remitted in accordance    128          

with division (E)(1) or (2) of this section, the superintendent    129          

may assess a fine, determined by rule adopted by the               130          

superintendent, for each day that each fee is in arrears.          131          

                                                          4      


                                                                 
      (4)  The (5)(a)  SUBJECT TO DIVISION (E)(5)(b) OF THIS       135          

SECTION, THE total amount of each semiannual billing to all        136          

credit unions and corporate credit unions combined shall equal     137          

one-half of the appropriation made by the main operating           138          

appropriation act, including any modifications made by the         139          

controlling board, to the division of financial institutions for   140          

the regulation of credit unions for the fiscal year in which the   142          

billings occur, except that the superintendent, in determining     143          

the supervisory fees, may take into consideration any funds        144          

lapsed from the appropriation made in the previous fiscal year.    145          

      (b)  IF DURING THE PERIOD BETWEEN THE CREDIT UNION           147          

COUNCIL'S CONFIRMATION OF SUPERVISORY FEES AND WHEN SUPERVISORY    148          

FEES DESCRIBED IN THIS SECTION ARE COLLECTED, THE CREDIT UNION     149          

COUNCIL DETERMINES ADDITIONAL MONEY IS REQUIRED TO ADEQUATELY      150          

FUND THE OPERATIONS OF THE DIVISION OF FINANCIAL INSTITUTIONS FOR  151          

THAT FISCAL YEAR, THE CREDIT UNION COUNCIL MAY, BY THE             152          

AFFIRMATIVE VOTE OF FIVE OF ITS MEMBERS, INCREASE THE SUPERVISORY  153          

FEES BILLED.  THE SUPERINTENDENT PROMPTLY SHALL NOTIFY EACH        154          

CREDIT UNION AND CORPORATE CREDIT UNION OF THE INCREASED           155          

SUPERVISORY FEES, AND EACH CREDIT UNION OR CORPORATE CREDIT UNION  156          

SHALL PAY THE INCREASED SUPERVISORY FEES BILLED BY THE             157          

SUPERINTENDENT.                                                                 

      (5)(6)  The fees or fines collected pursuant to this         159          

section shall be credited to the credit unions fund created in     161          

section 1733.321 of the Revised Code.                                           

      (F)  A report of such examination shall be forwarded to the  163          

president of each credit union after the completion of the         164          

examination.  Such report may contain comments relative to the     165          

management of the affairs of the credit union and also as to the   166          

general condition of its assets.  Within thirty days of the        167          

receipt of such report, a meeting of the directors shall be        168          

called to consider matters contained in the report, and the        169          

president shall notify the superintendent of any action taken at   170          

such meeting.                                                      171          

                                                          5      


                                                                 
      (G)(1)  The superintendent shall furnish reports of          173          

examinations or other appropriate information to any organization  174          

referred to in section 1733.041 of the Revised Code when           175          

requested by such organization and authorized by the credit        176          

union.  The superintendent may charge a fee for such reports and   177          

other information as may be established by rules adopted by the    178          

superintendent.                                                    179          

      (2)  A report of examination furnished pursuant to division  181          

(G)(1) of this section is the property of the division of credit   182          

unions and may be used by the examined credit union only in the    183          

conduct of its business.  Under no circumstances may the credit    184          

union, its current or former directors, officers, employees,       185          

agents, shareholders, participants in the conduct of its affairs,  186          

or their agents disclose or make public, in any manner, a report   187          

of examination or its contents.                                    188          

      (H)  Except as provided in this division, information        190          

obtained by the superintendent of credit unions and the            191          

superintendent's employees as a result of or arising out of the    193          

examination or independent audit of a credit union, from required  194          

reports, or because of their official position, shall be           195          

confidential.  Such information may be disclosed only in           196          

connection with criminal proceedings or, subject to section        197          

1733.327 of the Revised Code, when it is necessary for the         198          

superintendent to take official action pursuant to Chapter 1733.   199          

of the Revised Code and the rules adopted thereunder regarding     200          

the affairs of the credit union examined.  This division does not  201          

prevent the superintendent from properly exchanging information    202          

relating to an examined credit union pursuant to division (F) or   203          

(G) of this section or with officials of properly authorized       204          

state or federal supervisory authorities or with any insurer       205          

recognized under section 1733.041 or any surety recognized under   206          

section 1733.23 of the Revised Code.  This division also does not  207          

prevent the superintendent from disclosing information contained   208          

in the financial reports or annual financial reports described in  209          

                                                          6      


                                                                 
division (B) or (C) of this section to recognized credit union     210          

trade associations.                                                             

      Sec. 1733.329.  (A)  THERE IS HEREBY CREATED IN THE          212          

DIVISION OF FINANCIAL INSTITUTIONS THE CREDIT UNION COUNCIL,       213          

WHICH SHALL CONSIST OF SEVEN MEMBERS.  THE DEPUTY SUPERINTENDENT   214          

FOR CREDIT UNIONS SHALL BE A MEMBER OF THE COUNCIL AND ITS         215          

CHAIRPERSON.  THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE     216          

SENATE, SHALL APPOINT THE REMAINING SIX MEMBERS.                   217          

      (B)(1)  AT LEAST FIVE OF THE SIX MEMBERS APPOINTED TO THE    219          

COUNCIL SHALL HAVE HAD CREDIT UNION EXPERIENCE.                    220          

      (2)  AT LEAST FOUR OF THE SIX MEMBERS APPOINTED TO THE       222          

COUNCIL SHALL BE, AT THE TIME OF APPOINTMENT, INDIVIDUALS          223          

CURRENTLY ENGAGED IN THE EXERCISE OF DUTIES, RESPONSIBILITIES,     224          

RIGHTS, AND POWERS OF A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A   225          

STATE-CHARTERED CREDIT UNION HAVING ITS PRINCIPAL OFFICE IN THIS   226          

STATE AND DOING BUSINESS IN THIS STATE PURSUANT TO THIS CHAPTER    227          

UNDER THE AUTHORITY OF THE SUPERINTENDENT OF FINANCIAL             228          

INSTITUTIONS.                                                                   

      (3) AT LEAST ONE OF THE SIX MEMBERS APPOINTED TO THE         230          

COUNCIL SHALL BE A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A        231          

STATE-CHARTERED, FEDERALLY INSURED CREDIT UNION.                   232          

      (4)  AT LEAST ONE OF THE SIX MEMBERS APPOINTED TO THE        234          

COUNCIL SHALL BE A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A        235          

STATE-CHARTERED, PRIVATELY INSURED CREDIT UNION.                   236          

      (5)  AT LEAST ONE OF THE SIX MEMBERS APPOINTED TO THE        238          

COUNCIL SHALL BE A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A        239          

STATE-CHARTERED CREDIT UNION WITH FIVE MILLION DOLLARS OR LESS IN  240          

ASSETS.                                                                         

      (6)  AT LEAST ONE OF THE SIX MEMBERS APPOINTED TO THE        242          

COUNCIL SHALL BE A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A        243          

STATE-CHARTERED CREDIT UNION WITH MORE THAN FIVE MILLION DOLLARS   244          

IN ASSETS.                                                                      

      (C)(1)  INITIAL APPOINTMENTS TO THE COUNCIL SHALL BE MADE    246          

WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.  OF    247          

                                                          7      


                                                                 
THE INITIAL APPOINTMENTS, TWO SHALL EXPIRE ONE YEAR AFTER THE      248          

EFFECTIVE DATE OF THIS SECTION, TWO SHALL EXPIRE TWO YEARS AFTER   249          

THE EFFECTIVE DATE OF THIS SECTION, AND TWO SHALL EXPIRE THREE     250          

YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.  THEREAFTER,       251          

TERMS OF OFFICE SHALL BE FOR THREE YEARS.                          252          

      (2)  EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF          254          

APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS     255          

APPOINTED.  IN THE CASE OF A VACANCY IN THE OFFICE OF ANY MEMBER,  256          

THE GOVERNOR SHALL APPOINT A SUCCESSOR, WHO SHALL HOLD OFFICE FOR  257          

THE REMAINDER OF THE TERM FOR WHICH THE SUCCESSOR'S PREDECESSOR    258          

WAS APPOINTED.  ANY MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO  259          

THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S        260          

SUCCESSOR TAKES OFFICE, OR UNTIL SIXTY DAYS HAS ELAPSED,           261          

WHICHEVER OCCURS FIRST.                                                         

      (3)  IF DURING A MEMBER'S TERM ON THE COUNCIL, THE MEMBER    263          

CEASES TO BE A DIRECTOR OR CHIEF EXECUTIVE OFFICER OF A CREDIT     264          

UNION AS DESCRIBED IN DIVISIONS (B)(2) TO (6) OF THIS SECTION FOR  265          

A PERIOD EXCEEDING NINETY DAYS, THE MEMBER SHALL BE INELIGIBLE TO  266          

CONTINUE TO SERVE AS A MEMBER OF THE COUNCIL, AND THE MEMBER'S     267          

POSITION ON THE COUNCIL SHALL BE CONSIDERED VACANT.                268          

      (D)  NO PERSON APPOINTED AS A MEMBER OF THE CREDIT UNION     270          

COUNCIL MAY SERVE MORE THAN TWO CONSECUTIVE FULL TERMS.  HOWEVER,  271          

A MEMBER MAY SERVE TWO CONSECUTIVE FULL TERMS FOLLOWING THE        272          

REMAINDER OF A TERM FOR WHICH THE MEMBER WAS APPOINTED TO FILL A   273          

VACANCY OR FOLLOWING ANY TERM FOR WHICH THE MEMBER WAS APPOINTED   274          

PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.                       275          

      (E)(1)  THE COUNCIL SHALL HOLD REGULAR MEETINGS AT THE TIME  277          

AND PLACE IT FIXES, BUT AT LEAST ONCE EVERY SIX MONTHS, AND SHALL  278          

MEET AT ANY TIME ON CALL OF THE DEPUTY SUPERINTENDENT TO CONDUCT   279          

ITS BUSINESS AND TO DECIDE BY VOTE OF THE MEMBERS THE LOCATION OF  280          

FUTURE MEETINGS.  EACH MEMBER SHALL BE PROVIDED WITH WRITTEN       281          

NOTICE OF THE TIME AND LOCATION OF EACH COUNCIL MEETING AT LEAST   282          

TWO DAYS PRIOR TO THE SCHEDULED DATE OF THE MEETING, UNLESS THE    283          

COUNCIL BY RESOLUTION PROVIDES FOR A SHORTER TIME.  FOUR OF THE    284          

                                                          8      


                                                                 
MEMBERS OF THE COUNCIL CONSTITUTE A QUORUM TO TRANSACT AND VOTE    285          

ON ALL BUSINESS COMING BEFORE THE COUNCIL.                         286          

      (2)  THE COUNCIL, BY A MAJORITY VOTE OF THOSE PRESENT AT A   288          

MEETING AT WHICH THERE IS A QUORUM, MAY ADOPT AND AMEND BYLAWS     289          

AND RULES THE COUNCIL CONSIDERS NECESSARY AND PROPER.  THE         290          

COUNCIL SHALL SELECT ONE OF ITS MEMBERS AS SECRETARY, WHO SHALL    291          

KEEP A RECORD OF ALL ITS PROCEEDINGS.                              292          

      (3)  NO MEMBER SHALL PARTICIPATE IN A PROCEEDING BEFORE THE  294          

COUNCIL INVOLVING ANY CREDIT UNION OF WHICH THE MEMBER IS OR WAS   295          

AT ANY TIME IN THE PRECEDING TWELVE MONTHS A MEMBER OF THE BOARD   296          

OF DIRECTORS, AN OFFICER, AN EMPLOYEE, OR A SHAREHOLDER.  A        297          

MEMBER MAY REFRAIN FROM PARTICIPATING IN THE PROCEEDINGS OF THE    298          

COUNCIL FOR ANY OTHER CAUSE THE MEMBER CONSIDERS SUFFICIENT.       299          

      (F)  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO SALARY,     301          

BUT THEIR EXPENSES INCURRED IN PERFORMANCE OF THEIR DUTIES SHALL   302          

BE PAID FROM FUNDS APPROPRIATED FOR THAT PURPOSE.                  303          

      (G)  THE GOVERNOR MAY REMOVE ANY OF THE SIX MEMBERS          305          

APPOINTED TO THE COUNCIL WHENEVER IN THE GOVERNOR'S JUDGMENT THE   306          

PUBLIC INTEREST REQUIRES REMOVAL.  UPON REMOVING A MEMBER OF THE   307          

COUNCIL, THE GOVERNOR SHALL FILE WITH THE SUPERINTENDENT OF        308          

FINANCIAL INSTITUTIONS A STATEMENT OF THE CAUSE FOR THE REMOVAL.   309          

      Sec. 1733.3210.  (A)  THE CREDIT UNION COUNCIL SHALL DO ALL  311          

OF THE FOLLOWING:                                                  312          

      (1)  CONSULT WITH, ADVISE, AND MAKE RECOMMENDATIONS TO THE   314          

SUPERINTENDENT OF FINANCIAL INSTITUTIONS AND THE DEPUTY            315          

SUPERINTENDENT FOR CREDIT UNIONS ON MATTERS RELATING TO THE        316          

BUSINESS FOR CREDIT UNIONS, INCLUDING FIELD OF MEMBERSHIP,         317          

REGULATION, EXAMINATION, SAFETY AND SOUNDNESS, AND APPLICATIONS    318          

OF CREDIT UNIONS UNDER THIS CHAPTER;                                            

      (2)  CONSIDER AND MAKE RECOMMENDATIONS UPON ANY MATTER       320          

ADDRESSED IN CHAPTERS 1733. AND 1761. OF THE REVISED CODE THAT     321          

THE SUPERINTENDENT OR DEPUTY SUPERINTENDENT SUBMITS TO THE         323          

COUNCIL FOR THAT PURPOSE;                                          324          

      (3)  PASS UPON AND DETERMINE ANY MATTER THE SUPERINTENDENT   326          

                                                          9      


                                                                 
OR DEPUTY SUPERINTENDENT SUBMITS TO THE COUNCIL FOR                327          

DETERMINATION;                                                                  

      (4)  SUBMIT TO THE GOVERNOR RECOMMENDATIONS CONCERNING       329          

AMENDMENTS TO THE CREDIT UNION LAWS OF THIS STATE OR RULES         330          

ADOPTED PURSUANT TO THOSE LAWS THAT THE COUNCIL CONSIDERS          331          

APPROPRIATE;                                                                    

      (5)  CONSIDER AND DETERMINE WHETHER TO CONFIRM THE           333          

SUPERVISORY FEES PROPOSED BY THE SUPERINTENDENT OF FINANCIAL       334          

INSTITUTIONS IN ACCORDANCE WITH DIVISION (E) OF SECTION 1733.32    335          

OF THE REVISED CODE.                                               336          

      (6)  WITH RESPECT TO THE ADOPTION, AMENDMENT, OR RECISSION   338          

OF RULES ADOPTED PURSUANT TO THIS CHAPTER, BE PRESENT AT THE       339          

PUBLIC HEARING REQUIRED BY SECTION 119.03 OF THE REVISED CODE AND  340          

PROVIDE RECOMMENDATIONS, ADVICE, OR ASSISTANCE AT THE PUBLIC       341          

HEARING.                                                                        

      (B)  NEITHER THE DEPUTY SUPERINTENDENT, NOR ANY OTHER        343          

MEMBER OF THE COUNCIL, SHALL BE LIABLE, IN ANY CIVIL OR CRIMINAL   345          

ACTION OR PROCEEDING, FOR ANY MISTAKE OF JUDGMENT OR DISCRETION    346          

IN ANY ACTION TAKEN, OR IN ANY OMISSION MADE, IN GOOD FAITH BY     347          

THE DEPUTY SUPERINTENDENT OR OTHER MEMBER.                         348          

      Section 2.  That existing section 1733.32 and sections       350          

1733.329 and 1733.3210 of the Revised Code are hereby repealed.    352          

      Section 3.  The Credit Union Council as it existed prior to  354          

the effective date of this act, within sixty days after the        355          

effective date of this act, shall conclude any pending matters     356          

for which the council was responsible under law prior to the       357          

effective date of this act and for which the council is not        358          

responsible under this act.