AB2: Bill Text

4) Deposit and trust powers: The bill permits a universal bank to establish the types and terms of deposits that the universal bank will solicit and accept. A universal bank may pledge its assets as security for deposits. With the approval of the Division of Banking, a universal bank may securitize its assets for sale to the public, subject to any procedures established by the Division of Banking. A universal bank may exercise safe deposit powers and have a lien for its safekeeping charges on the contents of property accepted for safekeeping. If these charges remain unpaid for two years or if property accepted for safekeeping is not called for within two years, a universal bank may sell the property at public auction. The bill authorizes a universal bank to exercise the same trust powers that trust company banks are permitted to exercise under current law.

5) Incidental and related powers: Under the bill, a universal bank may exercise all powers necessary or convenient to effect the purposes for which the universal bank is organized or to further the businesses in which the universal bank is lawfully engaged. Current law does not have a similar provision.

In addition to these necessary or convenient powers, the bill allows a universal bank to engage in activities that are reasonably related or incident to the purposes of the universal bank. With certain exceptions, a universal bank may engage in these activities either directly or indirectly through a subsidiary. Under the bill, any activity permitted under the federal Bank Holding Act satisfies the reasonably related or incidental criterion. The bill also contains a list of specific activities that meet the reasonably related or incidental criterion. The listed activities include: 1) business and professional services; 2) data processing; 3) courier and messenger services; 4) credit-related activities; 5) consumer services; 6) real estate-related services; 7) insurance services, other than insurance underwriting; 8) securities brokerage; 9) investment advice; 10) securities and bond underwriting; 11) mutual fund activities; 12) financial consulting; 13) tax planning and preparation; 14) community development and charitable activities; and 15) debt cancellation contracts.

A universal bank may also engage in activities that the Division of Banking determines are reasonably related or incidental to these listed activities. In addition, the Division of Banking may determine that other activities are reasonably related or incidental activities.

A universal bank must give 60 days' prior written notice to the Division of Banking of the universal bank's intention to exercise a necessary or convenient power or to engage in a reasonably related or incidental activity. The Division of Banking may deny a universal bank the authority to exercise a necessary or convenient power or to engage in a reasonably related or incidental activity, other than an activity that is contained in the specific list of reasonably related or incidental activities, if the Division of Banking determines that the activity is not a reasonably related or incidental activity, that the financial institution is not well-capitalized, that the financial institution is the subject of an enforcement action, or that the financial institution does not have sufficient management expertise for the activity. The Division of Banking may also require a universal bank to engage in certain of these activities through a subsidiary, with appropriate safeguards to limit the risk exposure of the universal bank. Amounts invested in a single subsidiary that engages in these activities may not exceed 20% of the universal bank's capital, unless a higher percentage is approved by the Division of Banking.

Uniform commercial code

Currently, under this state's version of the Uniform Commercial Code, when collateral is disposed of by a secured party following a default by the debtor, all subordinate security interests and liens are discharged by the disposition of the collateral, except liens held by this state or a local governmental unit. One result of this exception is essentially to give priority to subordinate liens held by this state or a local governmental unit. These liens include, for example, tax liens, liens related to environmental clean-up payments, public assistance payments, wage claims, unemployment and worker's compensation payments, and liens on aircraft for nonpayment of certain fees. This bill deletes this exception and, in effect, grants these liens the priority otherwise applicable to them under the law.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB2, s. 1 Section 1. 93.01 (1m) of the statutes is amended to read:

AB2,11,10 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.

AB2, s. 2 Section 2. 186.01 (2) of the statutes is amended to read:

AB2,12,2 186.01 (2) "Credit union" means, except as specifically provided under ss. 186.41 (1) and 186.45 (1), a cooperative, nonprofit corporation, incorporated under this chapter to encourage thrift among its members, create a source of credit at a fair and reasonable cost, and provide an opportunity for its members to improve their economic and social conditions.

AB2, s. 3 Section 3. 186.02 (2) (a) 1. of the statutes is amended to read:

AB2,12,5 186.02 (2) (a) 1. The conditions of residence or occupation which qualify persons that determine eligibility for membership.

AB2, s. 4 Section 4. 186.02 (2) (b) 2. of the statutes is amended to read:

AB2,12,14 186.02 (2) (b) 2. Residents Except as otherwise provided in this subdivision, individuals who reside or are employed within a well-defined neighborhood, community or rural district and contiguous neighborhoods and communities. If the office of credit unions, subsequent to a credit union merger, determines that it would be inappropriate under the circumstances to require members of the credit union that results from the merger to reside or be employed in contiguous neighborhoods and communities, the requirement that these neighborhoods and communities be contiguous does not apply.

AB2, s. 5 Section 5. 186.02 (2) (b) 2m. of the statutes is created to read:

AB2,12,17 186.02 (2) (b) 2m. Individuals who reside or are employed within well-defined and contiguous rural districts or multicounty regions.

AB2, s. 6 Section 6. 186.02 (2) (c) of the statutes is amended to read:

AB2,12,23 186.02 (2) (c) Members of the immediate family of all qualified persons are eligible for membership. In this paragraph, "members of the immediate family" include the wife, husband, parents, stepchildren and children of a member whether living together in the same household or not and any other relatives of the member or spouse of a member living together in the same household as the member.

AB2, s. 7 Section 7. 186.02 (2) (d) of the statutes is renumbered 186.02 (2) (d) 1. and amended to read:

AB2,13,4 186.02 (2) (d) 1. Organizations and associations An organization or association of individuals, the majority of whom the directors, owners, or members of which are eligible for membership, may be admitted to membership in the same manner and under the same conditions as individuals.

AB2, s. 8 Section 8. 186.02 (2) (d) 2. of the statutes is created to read:

AB2,13,8 186.02 (2) (d) 2. An organization or association that has a business location within any geographic limits of the credit union's field of membership may be admitted to membership.

AB2, s. 9 Section 9. 186.06 (4) of the statutes is amended to read:

AB2,13,12 186.06 (4) Fiscal year. The fiscal year of every credit union shall end at the close of business on December 31 and the credit union shall, at least semiannually, transfer funds as provided in s. 186.17.

AB2, s. 10 Section 10. 186.07 (3m) of the statutes is created to read:

AB2,13,21 186.07 (3m) Written consent in lieu of meeting. (a) Unless the articles of incorporation or bylaws provide otherwise, any action required or permitted by this chapter to be authorized at a board of directors' meeting may be authorized without a meeting if that action is authorized by all directors and is evidenced by one or more written statements, signed by each director, describing and consenting to the action. Such an action has the same effect as an action authorized by unanimous vote at a meeting at which all directors are present and may be described as such in any document.

AB2,13,24 (b) Any action authorized under par. (a) is effective when the last director signs the statement evidencing his or her consent, unless the statement specifies a different effective date.

AB2,14,2 (c) A credit union shall retain all statements signed by its directors under par. (a).

AB2, s. 11 Section 11. 186.11 (4) (title) of the statutes is amended to read:

AB2,14,5 186.11 (4) (title) Investment in credit union service corporations organizations.

AB2, s. 12 Section 12. 186.11 (4) (a) of the statutes is renumbered 186.11 (4) (a) (intro.) and amended to read:

AB2,14,12 186.11 (4) (a) (intro.) A Unless the office of credit unions approves a higher percentage, a credit union may invest not more than 1.5% of its total assets in the capital shares or obligations of a credit union service corporation organizations that, in the opinion of the office of credit unions, are sufficiently bonded and insured and that satisfy all of the following:

AB2,14,14 2. Are organized primarily to provide goods and services to credit unions, credit union organizations and credit union members.

AB2, s. 13 Section 13. 186.11 (4) (a) 1. of the statutes is created to read:

AB2,14,18 186.11 (4) (a) 1. Are corporations, limited partnerships, limited liability companies, or other entities that are permitted under the laws of this state and that are approved by the office of credit unions.

AB2, s. 14 Section 14. 186.11 (4) (b) of the statutes is repealed and recreated to read:

AB2,14,21 186.11 (4) (b) A credit union service organization under par. (a) may provide any of the following services related to the routine daily operations of credit unions:

AB2,14,24 1. Checking and currency services, check cashing services, money order services, savings bond services, traveler's check services, and services regarding the purchase and sale of U.S. mint commemorative coins.

AB2,15,4 2. Clerical, professional, and management services, including, but not limited to, accounting, courier, credit analysis, facsimile transmission and copying, internal credit union audit, locator, management and personnel training and support, marketing, research, and supervisory committee audit services.

AB2,15,5 3. Consumer mortgage loan origination services.

AB2,15,9 4. Electronic transaction services, including, but not limited to, remote terminal, credit and debit card, data processing, electronic fund transfer, electronic income tax filing, payment item processing, wire transfer, and Internet financial services.

AB2,15,13 5. Tax preparation services, services regarding the development and administration of individual retirement accounts, Keogh plans, deferred compensation plans, and other personnel benefit plans, and financial counseling services, including, but not limited to, estate planning.

AB2,15,16 6. Fixed asset services, including, but not limited to, the management, development, sale, or lease of fixed assets and the sale, lease, or servicing of computer hardware or software.

AB2,15,19 7. Insurance brokerage or agency services, including, but not limited to, providing vehicle warranty programs, providing group insurance purchasing programs, and acting as an agent for the sale of insurance.

AB2,15,21 8. Services with regard to the leasing of real property owned by the credit union service organization or personal property.

AB2,15,24 9. Loan support services, including, but not limited to, debt collection and loan processing, servicing, and sales services and services regarding the sale of repossessed collateral.

AB2,16,3 10. Record retention, security, and disaster recovery services, including, but not limited to, alarm monitoring, data storage and retrieval, and record storage services and providing forms and supplies.

AB2,16,4 11. Securities brokerage services.

AB2,16,5 12. Shared credit union branch operations.

AB2,16,6 13. Student loan origination services.

AB2,16,7 14. Travel agency services.

AB2,16,10 15. Trust and other fiduciary services, including, but not limited to, acting as an administrator for prepaid legal services plans or acting as a trustee, guardian, conservator, estate administrator, or in any other fiduciary capacity.

AB2,16,11 16. Real estate brokerage services.

AB2, s. 15 Section 15. 186.11 (4) (bd) and (bh) of the statutes are created to read:

AB2,16,21 186.11 (4) (bd) The office of credit unions may expand the list of services under par. (b) that are related to the routine daily operations of credit unions. Any service approved under this paragraph shall be authorized for all credit union service organizations under par. (a). A credit union may file a written request with the office of credit unions to exercise its authority under this paragraph and may include, along with the request, a description of any proposed service and an explanation of how that service is related to the routine daily operations of credit unions. Within 60 days after receiving a request under this paragraph, the office of credit unions shall approve or disapprove the request.

AB2,17,3 (bh) A credit union service organization under par. (a) may provide any service described under par. (b) or approved under par. (bd) through an investment by the credit union service organization in a third-party service provider. The amount that a credit union service organization may invest in a third-party service provider under this paragraph may not exceed the amount necessary to obtain the applicable services, or a greater amount if necessary for the credit union service organization to obtain the services at a reduced cost.

AB2, s. 16 Section 16. 186.11 (4) (c) of the statutes is amended to read:

AB2,17,6 186.11 (4) (c) A credit union service corporation organization may be subject to audit by the office of credit unions.

AB2, s. 17 Section 17. 186.113 (1) of the statutes is amended to read:

AB2,17,13 186.113 (1) Branch offices. If the need and necessity exist and with With the approval of the office of credit unions, establish branch offices inside this state or no more than 25 miles or outside of this state. Permanent records may be maintained at branch offices established under this subsection. In this subsection, the term "branch office" does not include a remote terminal, a limited services office, or a service center.

AB2, s. 18 Section 18. 186.113 (1m) (a) (intro.) of the statutes is amended to read:

AB2,17,17 186.113 (1m) (a) (intro.) Establish Before the effective date of this paragraph .... [revisor inserts date], establish limited services offices outside this state to serve any member of the credit union if all of the following requirements are met:

AB2, s. 19 Section 19. 186.113 (6) (b) and (c) of the statutes are amended to read:

AB2,17,21 186.113 (6) (b) Act as trustees or custodians of member tax deferred retirement funds, individual retirement accounts, medical savings accounts, or other employee benefit accounts or funds permitted by federal law to be deposited in a credit union.

AB2,17,23 (c) Act as a depository for member-deferred member qualified and nonqualified deferred compensation funds as permitted by federal law.

AB2, s. 20 Section 20. 186.113 (11) of the statutes is renumbered 186.113 (11) (a) and amended to read:

AB2,18,1 186.113 (11) (a) Have Offer deposit accounts to members.

AB2, s. 21 Section 21. 186.113 (11) (b) of the statutes is created to read:

AB2,18,8 186.113 (11) (b) Offer deposit accounts to any person if the credit union satisfies the requirements specified in 12 CFR 701.34 (a) for designation as a low-income credit union and files a statement with the office of credit unions agreeing to be bound by requirements and conditions that are substantially identical to those imposed by the national board and the national credit union administration on federal credit unions designated under 12 CFR 701.34 (a).

AB2, s. 22 Section 22. 186.113 (24) of the statutes is created to read:

AB2,18,11 186.113 (24) Funeral trusts. Accept deposits made by members for the purpose of funding burial agreements by trusts created pursuant to s. 445.125.

AB2, s. 23 Section 23. 186.113 (25) of the statutes is created to read:

AB2,18,14 186.113 (25) Sale of insurance products. Sell insurance, annuities, and related products.

AB2, s. 24 Section 24. 186.17 (1) of the statutes is repealed and recreated to read:

AB2,18,18 186.17 (1) Regular reserves. A credit union shall establish and maintain a regular reserve account and shall transfer amounts to the regular reserve account as required by the national board.

AB2, s. 25 Section 25. 186.20 of the statutes is created to read:

AB2,18,22 186.20 Financial privacy. A credit union shall comply with any applicable requirements under 15 USC 6801 to 6803 and any applicable regulations prescribed by the national credit union administration under 15 USC 6804.

AB2, s. 26 Section 26. 186.22 (12m) of the statutes is amended to read:

AB2,18,25 186.22 (12m) Meetings of directors. Section 186.07 (3) and (3m) applies to a credit union finance corporation.

AB2, s. 27 Section 27. 186.235 (7) (a) (intro.) of the statutes is amended to read:

AB2,19,7 186.235 (7) (a) (intro.) Employees of the office of credit unions and members of the review board shall keep secret all the facts and information obtained in the course of examinations, except or contained in any report provided by a credit union other than any semiannual or quarterly financial report that is regularly filed with the office of credit unions. This requirement does not apply in any of the following situations:

AB2, s. 28 Section 28. 186.235 (7) (c) of the statutes is created to read:

AB2,19,12 186.235 (7) (c) If any person mentioned in par. (a) discloses any information about the private account or transactions of a credit union or any information obtained in the course of an examination of a credit union, except as provided in pars. (a) and (b), that person is guilty of a Class I felony.

AB2, s. 29 Section 29. 186.235 (7m) of the statutes is created to read: