SB351: Bill Text

SB351,41,18 186.113 (14) (a) Process applications, act as closing agent and service loans made under s. 45.79, with the approval of the department of veterans affairs.

SB351, s. 157 Section 157. 186.113 (14) (b) of the statutes is created to read:

SB351,41,22 186.113 (14) (b) Make loans to members that are guaranteed by this state or by the federal government, with the approval of the appropriate state or federal administering agency.

SB351, s. 158 Section 158. 186.113 (14m) of the statutes is created to read:

SB351,42,3 186.113 (14m) Safe deposit boxes. (a) Rent safe deposit receptacles upon its premises for an agreed upon fee. A credit union may store for safekeeping valuable or personal property of any member or of any person who is eligible to be a member. The credit union shall have a lien for its charges on any property received by it for safekeeping.

SB351,42,8 (b) Sell any property subject to a lien under par. (a) at public auction in accordance with procedures under ch. 815. A credit union may retain from the proceeds of the sale all lien fees and charges due including reasonable expenses of the sale. A credit union shall pay the remaining balance to the person depositing the property or to the legal representatives or assigns.

SB351, s. 159 Section 159. 186.113 (15) (title) of the statutes is created to read:

SB351,42,10 186.113 (15) (title) Automated teller machines.

SB351, s. 160 Section 160. 186.113 (16) of the statutes is repealed and recreated to read:

SB351,42,13 186.113 (16) Dormant accounts. Subject to ch. 177, establish a policy, including a fee schedule, for disposing of dormant accounts.

SB351, s. 161 Section 161. 186.113 (17) of the statutes is amended to read:

SB351,42,16 186.113 (17) (title) Contracts. Make contracts necessary and proper to effect meet its purpose and to conduct its business.

SB351, s. 162 Section 162. 186.113 (18) of the statutes is amended to read:

SB351,42,20 186.113 (18) (title) Legal actions. To sue and be sued, and to appear and defend in all actions and proceedings under its corporate name to the same extent as a natural person.

SB351, s. 163 Section 163. 186.113 (19) of the statutes is amended to read:

SB351,43,2 186.113 (19) (title) Client fund accounts. Maintain real estate broker trust accounts under s. 452.13 for brokers otherwise who are eligible for membership in the credit union, attorney trust accounts under s. 757.293 for attorneys otherwise who are eligible for membership in the credit union and collection agency trust accounts under s. 218.04 (9g) for persons otherwise who are eligible for membership in the credit union.

SB351, s. 164 Section 164. 186.113 (20) of the statutes is amended to read:

SB351,43,5 186.113 (20) (title) Public depository. Act as depositories a depository of state and local public funds.

SB351, s. 165 Section 165. 186.113 (21) of the statutes is amended to read:

SB351,43,14 186.113 (21) (title) Federal depository. On request of the federal secretary of the treasury, act as federal depository, fiscal agent or both of the federal government and perform. A credit union may perform such services as the federal secretary of the treasury may require authorize in connection with the collection of taxes and other obligations due the federal government and the lending, borrowing and repayment of money by the federal government, including the issue, sale, redemption or repurchase of bonds, notes, treasury certificates of indebtedness, or other obligations of the federal government.

SB351, s. 166 Section 166. 186.113 (22) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,43,25 186.113 (22) Community currency exchange and seller of checks. Engage in the business and functions provided for in s. 218.05 and ch. 217 upon receiving a certificate of authority from the commissioner office of credit unions. An applicant shall meet the same requirements as other applicants under ch. 217, but no investigation fee may be charged of credit union applicants. The commissioner office of credit unions may revoke a certificate of authority following a hearing held upon 10 days' notice to the credit union for any reason which would have justified the rejection of an application or on the ground that the continued operation of the business threatens the solvency of the credit union.

SB351, s. 167 Section 167. 186.113 (23) of the statutes is created to read:

SB351,44,3 186.113 (23) Sell or purchase assets. Discount or sell any of its assets and, subject to rules of the commissioner, purchase assets of another lender or seller.

SB351, s. 168 Section 168. 186.115 (1) (title) of the statutes is created to read:

SB351,44,5 186.115 (1) (title) Scope of authority.

SB351, s. 169 Section 169. 186.115 (2) of the statutes is amended to read:

SB351,44,14 186.115 (2) (title) Rules. The activities, powers, products and services that may be undertaken, exercised or offered by credit unions under sub. (1) are limited to those specified by rule of the commissioner. The commissioner may direct any credit union to cease any activity, the exercise of any power or the offering of any product or service authorized by rule under this subsection. Among the factors that the commissioner may consider in so directing a credit union are the credit union's net worth, assets, management rating and liquidity ratio and its ratio of net worth to assets.

SB351, s. 170 Section 170. 186.115 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,44,23 186.115 (2) Rules. The activities, powers, products and services that may be undertaken, exercised or offered by credit unions under sub. (1) are limited to those specified by rule of the office of credit unions. The office of credit unions may direct any credit union to cease any activity, the exercise of any power or the offering of any product or service authorized by rule. Among the factors that the office of credit unions may consider in so directing a credit union are the credit union's net worth, assets, management rating and liquidity ratio and its ratio of net worth to assets.

SB351, s. 171 Section 171. 186.115 (3) (title) of the statutes is created to read:

SB351,44,25 186.115 (3) (title) Insurance underwriting not authorized.

SB351, s. 172 Section 172. 186.117 (1) of the statutes is amended to read:

SB351,45,3 186.117 (1) (title) Definition. As used in In this section, "business day" means a business day as defined in s. 421.301 (6) that is not a federal legal holiday.

SB351, s. 173 Section 173. 186.117 (2) (title) of the statutes is created to read:

SB351,45,5 186.117 (2) (title) Funds availability.

SB351, s. 174 Section 174. 186.118 (1) (title), (2) (title), (3) (title) and (4) (title) of the statutes are created to read:

SB351,45,8 186.118 (1) (title) Disclosure statement.

SB351,45,9 (2) (title) When required.

SB351,45,10 (3) (title) Available on request.

SB351,45,11 (4) (title) Other information.

SB351, s. 175 Section 175. 186.119 of the statutes is repealed.

SB351, s. 176 Section 176. 186.12 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

SB351,45,15 186.12 (1) (title) Board members.

SB351,45,16 (2) (title) Sureties.

SB351,45,17 (3) (title) Expenditures.

SB351, s. 177 Section 177. 186.13 of the statutes is amended to read:

SB351,46,3 186.13 Expulsion. The If the board of directors adopts a written policy, a credit union may expel a member from the credit union who if the member neglects or refuses to comply with this chapter or the credit union bylaws, or for any if the board has other just cause; but no member may be expelled until the member has been informed in writing of the charges against the member, and given an opportunity, after reasonable notice, to be heard thereon. The credit union shall provide notice to the member in writing of the reason for expulsion. The notice shall include a description of the member's right to a hearing. If a member requests a hearing in writing, the board shall give the member an opportunity to be heard on the expulsion within 90 days after the date of the expulsion notice.

SB351, s. 178 Section 178. 186.14 of the statutes is amended to read:

SB351,46,10 186.14 (title) Expelled member, rights and liabilities. The amounts paid in on shares by members who have withdrawn or have been expelled shall be paid to them, but in the order of withdrawal or expulsion and only as funds therefor become available and after deducting any amounts due by said from the members to the credit union; but such expulsion. Expulsion or withdrawal shall not operate to relieve a member from any remaining liability to the credit union.

SB351, s. 179 Section 179. 186.15 of the statutes is repealed and recreated to read:

SB351,46,15 186.15 Auditing. (1) Annual audit. Except as provided in sub. (2), the board of directors shall hire a licensed public accountant or other qualified person to conduct a comprehensive annual audit of the records, accounts and affairs of the credit union.

SB351,46,19 (2) Audit committee. The board of directors may appoint an auditing committee of one or more capable persons to annually audit the records, accounts and cash of the credit union and to verify member accounts. Verification procedures shall be conducted according to the credit union's bylaws or the rules of the commissioner.

SB351,46,22 (3) Independent audit. The commissioner may order an independent audit at the credit union's expense if the commissioner finds an annual audit to be unsatisfactory.

SB351,46,24 (4) Audit reports. Audit reports under this section shall be submitted to the board of directors and retained as records of the credit union.

SB351, s. 180 Section 180. 186.15 (2) and (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), are amended to read:

SB351,47,7 186.15 (2) Audit committee. The board of directors may appoint an auditing committee of one or more capable persons to annually audit the records, accounts and cash of the credit union and to verify member accounts. Verification procedures shall be conducted according to the credit union's bylaws or the rules of the commissioner office of credit unions.

SB351,47,10 (3) Independent audit. The commissioner office of credit unions may order an independent audit at the credit union's expense if the commissioner office of credit unions finds an annual audit to be unsatisfactory.

SB351, s. 181 Section 181. 186.16 (1) (title) of the statutes is created to read:

SB351,47,12 186.16 (1) (title) Board establishes dividends.

SB351, s. 182 Section 182. 186.16 (2) of the statutes is amended to read:

SB351,47,16 186.16 (2) (title) Maximum set by commissioner. The commissioner may establish the maximum dividend that a credit union and a corporate central credit union may pay in each classification of its savings.

SB351, s. 183 Section 183. 186.16 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,47,21 186.16 (2) Maximum set by office of credit unions. The office of credit unions may establish the maximum dividend that a credit union and a corporate central credit union may pay in each classification of its savings.

SB351, s. 184 Section 184. 186.17 (1) of the statutes is repealed and recreated to read:

SB351,47,25 186.17 (1) Regular reserves. Semiannually, a credit union shall determine its gross income. From gross income, the credit union shall transfer to regular reserve amounts required under a schedule set by the national board.

SB351, s. 185 Section 185. 186.17 (2) of the statutes is amended to read:

SB351,48,5 186.17 (2) (title) Special reserves. Special reserves may be required by the commissioner on an individual credit union basis for purchased accounts or when serious threat of impairment threatens regular reserve or for a corporate central credit union.

SB351, s. 186 Section 186. 186.17 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,48,10 186.17 (2) Special reserves. Special reserves may be required by the office of credit unions on an individual credit union basis or for a corporate central credit union.

SB351, s. 187 Section 187. 186.17 (3) of the statutes is repealed.

SB351, s. 188 Section 188. 186.18 of the statutes is amended to read:

SB351,49,7 186.18 Dissolution. Upon the unanimous a two-thirds recommendation of the board of directors, the members may vote to dissolve the credit union. If a majority of the total membership vote by ballot, in person or by letter or other written communication in favor of dissolution, and if not more than the greater of 15 members or 10% of the total membership, whichever is greater, by written notice, vote against dissolution, the credit union shall be dissolved. If both the number of votes in favor of dissolution and the number of votes against dissolution are each less than 50% 25% of the total number of members, the board of directors may, with the permission of the commissioner, cause written notice to be mailed mail to each member at the member's last-known address a written notice which expressly states that the board's proposal to dissolve the credit union will be approved or disapproved at a special or annual meeting to be held at the time and place specified in the notice. The credit union shall be dissolved only if a majority of the members present at the meeting vote in favor of the board's proposal to dissolve the credit union. If the members vote to dissolve the credit union, a committee of 3 shall be elected by the members to liquidate the assets of the credit union. After assets are liquidated and debts paid, members shall be paid a liquidating dividend in proportion to their savings from remaining assets. The committee in charge of liquidation may sell or dispose of the assets in whole or in part at a public or private sale subject to confirmation by the board of directors and the commissioner.

SB351, s. 189 Section 189. 186.18 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,50,3 186.18 Dissolution. Upon a two-thirds recommendation of the board of directors, the members may vote to dissolve the credit union. If a majority of the total membership vote by ballot, in person or by letter or other written communication in favor of dissolution, and if not more than the greater of 15 members or 10% of the total membership, by written notice, vote against dissolution, the credit union shall be dissolved. If both the number of votes in favor of dissolution and the number of votes against dissolution are each less than 25% of the total number of members, the board of directors may, with the permission of the office of credit unions, mail to each member at the member's last-known address a written notice which states that the board's proposal to dissolve the credit union will be approved or disapproved at a special or annual meeting to be held at the time and place specified in the notice. The credit union shall be dissolved only if a majority of the members present at the meeting vote in favor of the board's proposal to dissolve the credit union. If the members vote to dissolve the credit union, a committee of 3 shall be elected by the members to liquidate the assets of the credit union. After assets are liquidated and debts paid, members shall be paid a liquidating dividend in proportion to their savings from remaining assets. The committee in charge of liquidation may sell or dispose of the assets in whole or in part at a public or private sale subject to confirmation by the board of directors and the office of credit unions.

SB351, s. 190 Section 190. 186.19 of the statutes is repealed and recreated to read:

SB351,50,7 186.19 Bonding requirement. (1) Officer bonds. A credit union shall maintain the necessary bonds for officers according to standards prescribed by the national board.

SB351,50,9 (2) Director bonds. A credit union shall maintain the necessary bonds for directors according to standards prescribed in the bylaws.

SB351, s. 191 Section 191. 186.21 (1) of the statutes is amended to read:

SB351,50,16 186.21 (1) (title) Office to cooperate. It shall be the duty of the office of the commissioner of credit unions to promote the extension of credit at the lowest possible rates and cooperate with every group of people who may be or may become that is interested in the formation and development of, or in an affiliation with, a credit union in this state for that purpose, and it. The commissioner's office may do all things reasonably necessary for the discharge of this duty.

SB351, s. 192 Section 192. 186.21 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,50,22 186.21 (1) Office to cooperate. It shall be the duty of the office of credit unions to cooperate with every group of people that is interested in the formation of, or in an affiliation with, a credit union in this state. The office of credit unions may do all things reasonably necessary for the discharge of this duty.

SB351, s. 193 Section 193. 186.21 (2) of the statutes is amended to read:

SB351,51,4 186.21 (2) (title) Advertising. The office of the commissioner of credit unions shall carry on use advertising of whatever character that is most suitable and effective to acquaint the people of this state with the agencies and organizations dealing in consumer credit, and of the rates of interest, the condition of loans, the benefits and safeguards and the savings features of each such type, agency and organization with credit unions.

SB351, s. 194 Section 194. 186.21 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,51,9 186.21 (2) Advertising. The office of credit unions shall use advertising that is suitable and effective to acquaint the people of this state with the agencies and organizations dealing with credit unions.

SB351, s. 195 Section 195. 186.21 (3) of the statutes is amended to read:

SB351,51,14 186.21 (3) (title) Consultations. The office of the commissioner of credit unions shall further offer without charge to any group, either joined in a credit union or considering such an organization, whatever advice and direction on accounting practice practices and managerial problems that may be needful.

SB351, s. 196 Section 196. 186.21 (3) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read: