BEFORE THE DEPARTMENT OF ADMINISTRATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to the regulation of privately insured credit unions

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NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

          1. On March 17, 2018, the Department of Administration proposes to adopt the above-stated rule.

 

2. The Department of Administration will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Administration no later than 5:00 p.m. on February 21, 2018, to advise us of the nature of the accommodation that you need. Please contact Wayne Johnston, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; telephone (406) 841-2918; TDD (406) 841-2974; facsimile (406) 841-2930; or e-mail to [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I PRIVATE SHARE INSURANCE (1) All Montana state-chartered credit unions insured by a private share insurance plan pursuant to 32-3-611, MCA, are regulated the same as Montana state-chartered credit unions insured under the provisions of Title II of the Federal Credit Union Act.

 

AUTH:  32-3-201, MCA

IMP:  32-3-611, MCA

 

STATEMENT OF REASONABLE NECESSITY: The Commissioner of Insurance has recently approved a private credit share insurance plan for credit unions. Because private credit share insurance is now available in Montana, NEW RULE I is necessary to provide consistency between regulation of state-chartered credit unions insured by private credit share insurance and regulation of state-chartered credit unions insured by the National Credit Union Administration. In both cases, the credit unions must be regulated pursuant to the provisions of Title II of the Federal Credit Union Act as required in 32-3-611, MCA. Having a common set of standards for all state-chartered credit unions in Montana will ensure consistent regulation, avoid equal protection concerns, and simplify compliance, because the credit unions are already familiar with the requirements of the Federal Credit Union Act.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Kelly O’Sullivan, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; or e-mailed to [email protected]. Written comments must be received no later than 5:00 p.m., February 28, 2018.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the person listed in 4 above no later than 5:00 p.m., February 28, 2018.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be one person based on the nine state-chartered credit unions.

 

7. The Division of Banking and Financial Institutions maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division. Persons who wish to have their name added to the mailing list shall make a written request that includes the name, mailing address, and e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written requests may be mailed or delivered to Wayne Johnston, Division of Banking and Financial Institutions, 301 S. Park, Ste. 316, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to [email protected]; or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the department's web site at http://doa.mt.gov/administrativerules. The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods due to system maintenance or technical problems.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

 

10. The department has determined that under 2-4-111, MCA, the proposed adoption will not significantly and directly impact small businesses.

 

 

By:   /s/ John Lewis                                            By:   /s/ Michael P. Manion              

John Lewis, Director                                          Michael P. Manion, Rule Reviewer

Department of Administration                            Department of Administration

 

Certified to the Secretary of State January 16, 2018