Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Business & Financial Services Committee

SB 5757

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing credit unions' corporate governance and investments.

Sponsors: Senators Benton and Mullet.

Brief Summary of Bill

  • Makes various changes to provisions governing credit union boards of directors, supervisory committees, dividends, and investments.

Hearing Date: 3/13/15

Staff: David Rubenstein (786-7153).

Background:

Board of Directors.

A state-chartered credit union is governed by a board of directors consisting of between five and 15 members who may receive compensation from the credit union. There are two kinds of duties assigned to credit union boards: delegable and nondelegable. The board's nondelegable duties include setting the value of credit union shares, establishing policies under which credit union loans will be approved, managing membership policies, and other duties that credit union members require.

The Board's delegable duties include:

Supervisory Committee.

A supervisory committee monitors both the financial condition of the credit union and the decisions of the board. Members of the supervisory committee may be paid for their service, and they may receive nominal gifts, insurance coverage, and reimbursement for committee related expenses. Compensation paid to credit union board members is governed by the Department of Financial Institutions' rules.

Dividends.

A credit union may pay dividends to its members from the credit union's earnings after expenses and amounts required for reserves, or from amounts carried over from preceding periods.

Investment Authority.

A credit union may invest in any of 12 specified categories of investments, including:Ÿ

Summary of Bill:

Various provisions affecting credit union corporate governance are changed or removed.

Board of Directors.

The nondelegable requirement that the board of directors set loan policies is removed.

A nondelegable duty to set policies governing the operation of the credit union is added.

The board's nondelegable duty to perform other duties that the credit union members may direct is eliminated.

The delegable duty to declare dividends is eliminated in favor of a duty to set the rate of dividends on shares and authorize payment of dividends on those shares.

Finally, the following delegable duties are struck:

Supervisory Committee.

It is clarified that credit union supervisory committee members may receive nominal gifts, insurance coverage, and expense reimbursement, regardless of whether they receive other compensation.

Dividends.

Dividends may be paid, instead of declared, from current undivided earnings after deduction of expenses and amount required for reserves. Reference to deduction of interest on deposits is struck.

Credit Union Investments.

Credit unions may invest capital in debt or equity issued by an organization owned by the Northwest Credit Union Association or its successor. Additionally, credit unions may invest in products relating to employee benefits.

The amount of its assets a credit union may invest in or loan to credit union service organizations is increased to 5 percent.

Appropriation: None.

Fiscal Note: Available for companion House Bill 1871.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.