BILL REQ. #:  S-3617.1 

Read first time 01/11/10.   Referred to Committee on Financial Institutions, Housing & Insurance.

     AN ACT Relating to the deposit of public funds with credit unions; and amending RCW 31.12.382 and 31.12.402.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 31.12.382 and 1994 c 92 s 178 are each amended to read as follows:
     (1) Membership in a credit union shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district. The director may adopt rules: (a) Reasonably defining "common bond"; and (b) setting forth standards for the approval of charters.
     (2) The director may approve the inclusion within the field of membership of a credit union a group having a separate common bond if the director determines that the group is not of sufficient size or resources to support a viable credit union of its own.
     (3) A public entity is a member of a credit union when that entity deposits into that credit union a total of not more than one hundred thousand dollars of public funds, as defined in RCW 39.58.010.

Sec. 2   RCW 31.12.402 and 2001 c 83 s 14 are each amended to read as follows:
     A credit union may:
     (1) Issue shares to and receive deposits from its members in accordance with RCW 31.12.416;
     (2) Make loans to its members in accordance with RCW 31.12.426 and 31.12.428;
     (3) Pay dividends and interest to its members in accordance with RCW 31.12.418;
     (4) Impose reasonable charges for the services it provides to its members;
     (5) Impose financing charges and reasonable late charges in the event of default on loans, subject to applicable law, and recover reasonable costs and expenses, including, but not limited to, collection costs, and reasonable attorneys' fees incurred both before and after judgment, incurred in the collection of sums due, if provided for in the note or agreement signed by the borrower;
     (6) Acquire, lease, hold, assign, pledge, sell, or otherwise dispose of interests in personal property and in real property in accordance with RCW 31.12.438;
     (7) Deposit and invest funds in accordance with RCW 31.12.436;
     (8) Borrow money, up to a maximum of fifty percent of its total shares, deposits, and net worth;
     (9) Discount or sell any of its assets, or purchase any or all of the assets of another credit union, out-of-state credit union, or federal credit union. However, a credit union may not discount or sell all, or substantially all, of its assets without the approval of the director;
     (10) Accept deposits of deferred compensation of its members;
     (11) Act as fiscal agent for and receive payments on shares and deposits from the federal government or this state, and any agency or political subdivision thereof;
     (12) Engage in activities and programs as requested by the federal government, this state, and any agency or political subdivision thereof, when the activities or programs are not inconsistent with this chapter;
     (13) Hold membership in credit unions, out-of-state credit unions, or federal credit unions and in organizations controlled by or fostering the interests of credit unions, including, but not limited to, a central liquidity facility organized under state or federal law;
     (14) Pay additional dividends and interest to members, or an interest rate refund to borrowers;
     (15) Enter into lease agreements, lease contracts, and lease-purchase agreements with members;
     (16) Act as insurance agent or broker for the sale to members of:
     (a) Group life, accident, health, and credit life and disability insurance; and
     (b) Other insurance that other types of Washington state-chartered financial institutions are permitted to sell, on the same terms and conditions that these institutions are permitted to sell such insurance;
     (17) Impose a reasonable service charge for the administration and processing of accounts that remain dormant for a period of time specified by the credit union;
     (18) Establish and operate on-premises or off-premises electronic facilities;
     (19) Enter into formal or informal agreements with another credit union for the purpose of fostering the development of the other credit union;
     (20) Work with community leaders to develop and prioritize efforts to improve the areas where their members reside by making investments in the community through contributions to organizations that primarily serve either a charitable, social, welfare, or educational purpose, or are exempt from taxation pursuant to section 501(c)(3) of the internal revenue code;
     (21) Limit the personal liability of its directors in accordance with provisions of its articles of incorporation that conform with RCW 23B.08.320;
     (22) Indemnify its directors, supervisory committee members, officers, employees, and others in accordance with provisions of its articles of incorporation or bylaws that conform with RCW 23B.08.500 through 23B.08.600; ((and))
     (23) Accept deposits from a public entity that total not more than one hundred thousand dollars of public funds, as defined in RCW 39.58.010; and
     (24) Exercise such incidental powers as are necessary or convenient to enable it to conduct the business of a credit union.