With many state legislatures in full gear this time of the year, credit unions across the country reported they are pushing for new laws ranging from full blown rewrites of statutes to bills dealing with new threats such as patent trolls.

"We had an extremely successful session," Jared Ross, senior vice president for association services at the League of Southeastern Credit Unions and Affiliates, said as he looked back at the session of the Florida state legislature.

Ross cited legislation that would require the state Office of Financial Regulation to share information with the Federal Home Loan Bank of Atlanta. The office had not been providing the home loan bank with the data needed to give Florida's state chartered credit unions access to the bank's secondary mortgage market program.

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The Florida legislature also passed legislation that would allow credit unions to designate one location for the service of documents in legal cases. While the bill sounds like a minor change, Ross said that in the past, process servers were able to deliver subpoenas at any location – allowing attorneys and others to forum shop legal cases.

Other efforts were not as successful, as credit unions fight for the right to become depositories of state funds.

"That's always big every year," Lynn Coard, CUNA's director of advocacy and counsel, said. Coard said about half of the states prohibit credit unions from accepting state money.

"Credit unions want the ability to accept [funds] the same way other financial institutions may," she said.

As many would expect, banks are the major opponents of the legislation since it would cost them some state deposits. This has caused a perennial battle in many states.

"They have a monopoly on that in this state," David Miles, senior vice president of the Virginia Credit Union League, said.

The Virginia league pushed public depository legislation for a second time this year, but was unsuccessful in enacting it. The argument is that since credit unions are tax exempt, they shouldn't be allowed to accept public funds, he said.

push for new lawsFlorida is facing a similar situation, Ross said, adding that credit unions made a strategic decision not to pursue public deposition legislation this session.

"We decided to take a year off," he said.

Credit unions are also involved in a perennial fight over their tax status. In Vermont, the legislature is considering legislation that contains an increase in the franchise tax on deposits paid by banks. Banks have used that legislation as an opportunity to argue that credit unions receive unfair tax treatment.

"We're always concerned about the tax issue," Coard said.

Credit unions are attempting to push legislation in many ways, including simple visits with legislatures and Political Action Committees that contribute funds to candidates running for state office. Those PACs are separate from federal committees that contribute money to congressional candidates.

For instance, the Michigan Credit Union League sponsors a Capitol Day during which credit union employees meet with members of the legislature. And it encourages employees to contribute to state candidates who are identified as allies.

The Michigan league has had one of the busiest years, as its state legislature is considering a major rewrite of the laws governing credit unions. The law was updated in 2003 and this year's update was the first since then, according to Ken Ross, the league's senior vice president and COO.

The league developed a list of 50 changes to the credit union act and eventually whittled those down to 40, according to Ross, who said many of the changes are vital to operations.

For instance, state examiners have often pointed out best practices they believe will help credit unions operate more efficiently. Even though many of the suggestions are not anchored in law or regulation, examiners often include them in their final reports. Under the new legislation, those recommendations would be included in an addendum and the adoption of the suggestions would be left up to the business judgment of a credit union's board.

The legislation would also make the exam and appeals processes more transparent. The package of bills was unanimously passed by the Michigan House and is now pending in the Senate.

push for new lawsCalifornia legislators are also considering legislation that would update the state's credit union authorizing legislation. The legislation was crafted by representatives of 11 state chartered credit unions.

"It's nothing massive," Courtney Jensen, a legislative advocate for the California and Nevada Credit Union Leagues, said. "It's nothing earth-shattering."

The bill, which is pending in the legislature, would make a myriad of changes, including provisions that would allow member business loans to exceed a member's deposits, eliminate board approval of membership applications and redefine which state credit union officials' loans are subject to limits and must be required to be approved by the board.

what new laws are being pushed to senate and houseThe Virginia Credit Union League originally pushed for legislation that would provide more charter flexibility for state chartered credit unions. The bill that passed both Houses of the General Assembly was limited to credit union mergers, according to Miles.

He said the bill is on its way to becoming law and makes important changes to the merger process. It allows two state chartered credit unions with unlike charters to merge. The continuing credit union would hold both charters and be able to service the fields of memberships each credit union had. Under the new law, both of the credit unions could not have been part of another merger in the past 24 months, and one must have fewer than 35,000 members.

"We believe it is important to recognize that the state passing the legislation recognized that credit unions need additional flexibility with chartering and field of membership as industry consolidation occurs," Miles said.

The Alabama legislature has been considering bills to update the state's credit union law – an effort that was developed by a task force of state and federally chartered credit unions, Ross said. He described the effort as taking baby steps to rewrite a law that was archaic.

One goal is to ensure parity between state and federally chartered institutions, Ross said. This year's bill creates parity in such areas as loan purchasers and borrowing capacity.

Credit unions also are pushing legislation that attempts to deal with technological changes the institutions are facing.

For instance, in Florida, the legislature passed a bill that will require owners of fuel pumps to ensure that their card readers have not been compromised by the installation of a card skimming device. In addition, Ross said that credit union supporters in the legislature fought off amendments that the Southeastern league believes would have gutted the state's patent troll law.

While not a legislative effort, credit unions have offered to play a vital role when there is a deadlock over state spending. For instance, last year, Illinois credit unions developed a program to offer state employees no-interest loans if the legislature were to deadlock and payroll checks were delayed.

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