WSR 15-21-071 PROPOSED RULES DEPARTMENT OF FINANCIAL INSTITUTIONS (Division of Credit Unions) [Filed October 20, 2015, 11:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-18-039.
Title of Rule and Other Identifying Information: Amending the rules (chapter 208-418 WAC) under the Washington State Credit Union Act (WCUA) (chapter 31.12 RCW).
Hearing Location(s): Department of Financial Institutions, 150 Israel Road S.W., Tumwater, WA 98501, (360) 902-8700, on November 24, 2015, at 11:00 a.m. - 1:00 p.m.
Date of Intended Adoption: November 30, 2015.
Submit Written Comments to: Allison Kohlhorst, P.O. Box 41200, Olympia, WA 98504-1200, e-mail allison.kohlhorst@dfi.wa.gov or dcu@dfi.wa.gov, fax (877) 330-6870, by October 14, 2015.
Assistance for Persons with Disabilities: Contact Allison Kohlhorst by November 20, 2015, (360) 902-8718.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of amending the rules is to implement changes to the frequency of asset assessment fees from being collected on a quarterly basis to semiannual.
Reasons Supporting Proposal: This is consistent with the billing schedule currently in place for the department of financial institutions, division of banks, and will bring state assessment fee practices closer to the federal assessment practice.
Statute Being Implemented: Chapter 31.12 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of financial institutions, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Linda Jekel, Tumwater, Washington, (360) 902-8778.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule amendments will not impose more than minor costs on the businesses impacted by the proposed rule.
A cost-benefit analysis is not required under RCW 34.05.328. This proposed change only affects the timing of the asset assessment collections.
October 16, 2015
Linda K. Jekel, Director
Division of Credit Unions
AMENDATORY SECTION (Amending WSR 01-12-004, filed 5/23/01, effective 6/23/01)
WAC 208-418-020 Collection of fees.
Chapter 31.12 RCW authorizes the director to charge fees to credit unions and certain other persons in order to cover the costs of the operation of the division of credit unions and to establish a reasonable reserve for the division. As set forth in more detail in this chapter, the fees for this purpose shall consist of:
(1) ((Quarterly)) Semiannual asset assessments charged to credit unions;
(2) Charges to a credit union for costs incurred by the division for certain types of attorney general or special counsel assistance in regard to the credit union; and
(3) Certain other fees charged by the director.
The director may waive all or any portion of any fee payable by a credit union or other person.
AMENDATORY SECTION (Amending WSR 10-06-050, filed 2/24/10, effective 3/27/10)
WAC 208-418-040 ((Quarterly)) Semiannual asset assessments.
(1) The director will charge each credit union a ((quarterly)) semiannual asset assessment at the rate set forth in subsection (2) of this section. Asset assessments will be due on January ((1, April 1,)) 1st and July ((1, and October 1)) 1st. Asset assessments must be paid no later than thirty days after their due date. The assessments will be computed on total assets as of the prior June 30th for the ((October 1 and)) January 1st assessments, and as of the prior December 31st for the ((April 1 and)) July 1st assessments.
(2)
(3) ((Quarterly)) Semiannual asset assessments are charged for the ((calendar quarter)) semiannual period that begins on the due date of the assessment. No rebates will be made to credit unions that cease to be state-chartered during the ((quarter)) assessment period. A credit union converting to state charter will pay a prorated ((quarterly)) semiannual asset assessment for the ((quarter)) six months during which the conversion is completed.
(4) From time to time, the director may determine that asset assessments on an out-of-state credit union or foreign credit union are inappropriate relative to the level of examination and supervision of that credit union by the division. In that event, the director may charge the credit union hourly fees for examination and supervision of the credit union, including, but not limited to, ((offsite)) off-site monitoring, in lieu of asset assessments. Such fees are due upon receipt of billing from the division.
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