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2 | 2 | | HOUSE DOCKET, NO. 850 FILED ON: 1/13/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1266 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Frank A. Moran |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act enhancing the mission of credit unions and promoting fair competition among financial |
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13 | 13 | | institutions. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 850 FILED ON: 1/13/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1266 |
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19 | 19 | | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1266) of |
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20 | 20 | | Frank A. Moran relative to the mission of credit unions and promoting competition among |
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21 | 21 | | financial institutions. Financial Services. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act enhancing the mission of credit unions and promoting fair competition among financial |
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28 | 28 | | institutions. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 14 of said chapter 167 of the General Laws, as appearing in the |
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32 | 32 | | 22018 Official Edition, is hereby amended by inserting after the sixth paragraph the following two |
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33 | 33 | | 3paragraphs:- If a person is eligible for membership in a credit union on the basis of living in a |
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34 | 34 | | 4geographic area specified in the by-laws then the examination of its record of performance under |
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35 | 35 | | 5this section shall assess its compliance with community reinvestment throughout the entire |
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36 | 36 | | 6geographic area specified in the by-law. |
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37 | 37 | | 7 A foreign credit union applying to establish a branch office in the Commonwealth |
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38 | 38 | | 8pursuant to section 8A of chapter 171 shall file with the Division of Banks the credit union’s |
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39 | 39 | | 9assessment area for compliance with this section or a strategic plan for satisfying its continuing |
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40 | 40 | | 10and affirmative obligation to help meet the credit needs of the communities in the |
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41 | 41 | | 11Commonwealth it states it will serve. 2 of 3 |
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42 | 42 | | 12 SECTION 2. Chapter 171 of the General Laws, as so appearing, is hereby amended by |
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43 | 43 | | 13striking out section 10, as most recently amended by section 26 of chapter 338 of the Acts of |
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44 | 44 | | 142020, and inserting in place thereof the following two sections:– |
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45 | 45 | | 15 Section 10. The by-laws may be amended at any annual meeting, or at a special meeting |
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46 | 46 | | 16called for the purpose, by a majority vote of all of the members present and entitled to vote; |
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47 | 47 | | 17provided, however, that the notice of the meeting and of the proposed amendment is given each |
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48 | 48 | | 18member in the manner prescribed in said by-laws. . |
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49 | 49 | | 19 The by-laws containing the conditions of residence, occupation, or association that |
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50 | 50 | | 20qualify persons for membership may be amended by a three-fourths vote of all of the members |
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51 | 51 | | 21present and entitled to vote. The membership vote may only be held at the annual meeting; |
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52 | 52 | | 22provided, that it may be held at a special meeting called for the purpose of a merger if the |
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53 | 53 | | 23membership by-law amendment is a necessary component of the merger, as determined by the |
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54 | 54 | | 24commissioner. No such amendment shall become operative until an application is submitted to |
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55 | 55 | | 25and approved in writing by the commissioner. The vote of the credit union’s members must |
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56 | 56 | | 26occur prior to the submission of an application and a certified copy of the vote shall be submitted |
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57 | 57 | | 27with the application. In order to be a valid vote on the amendment to the membership by-law, |
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58 | 58 | | 28the number of members voting on the date set for the vote or voting by mail, if authorized in the |
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59 | 59 | | 29by-laws, and received by that date must represent five per cent of the total number of members of |
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60 | 60 | | 30the credit union as listed in the most recent call report filed with the National Credit Union |
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61 | 61 | | 31Administration. It is prohibited for a member to vote by proxy. |
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62 | 62 | | 32 Section 10A. A credit union shall establish a written policy that the credit union will |
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63 | 63 | | 33follow to verify that a person meets the qualifications for membership. The policy must identify 3 of 3 |
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64 | 64 | | 34the specific documents the credit union will accept for verification of residency, occupation, |
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65 | 65 | | 35association, work location, family relationship or other membership criteria specified in the by- |
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66 | 66 | | 36law. For each new member, a credit union shall retain a copy of the document used to verify a |
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67 | 67 | | 37person’s qualification for membership. Such documentation shall be maintained and segregated |
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68 | 68 | | 38on a calendar quarter and annual basis for review by examiners. |
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69 | 69 | | 39 SECTION 3. The second paragraph of section 11 of said chapter 171 , as most recently |
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70 | 70 | | 40amended by section 27 of chapter 338 of the Acts of 2020, is herby amended by adding the |
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71 | 71 | | 41following sentence:- A credit union that has more than 25,000 members as reported in its most |
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72 | 72 | | 42recent quarterly report to the National Credit Union Administration shall provide its members |
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73 | 73 | | 43with the option to vote by electronic means at any annual meeting or special meeting. |
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74 | 74 | | 44 SECTION 4. Section 3 of this act shall apply to any an annual meeting or special meeting |
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75 | 75 | | 45held on or after two years from the effective date of this act. |
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