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In the December 15, 2007 issue of the Advocate:

Board Approve Policy Papers
Data Security Federal News


Interim Studies at State Level



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buddy


Buddy Gill
Chief Advocacy Officer

Policy papers
adopted re League positions on: taxation,
the dual chartering system,
independent state regulator and
data security 

Papers will be posted on public area of web site.



Board Approves Four Policy Papers


Four policy papers that outline the League’s official position on taxation, dual chartering, an independent state regulator and data security will be going up on the TCUL web site.

For some time we’ve needed a quick place for legislators, the media, and the public to find basic information our positions on key issues for credit unions in Texas. These policy papers outline our stand on four of our perennial issues. Here’s a brief recap:

Tax exemption: The Texas Credit Union League strongly supports the not-for-profit credit union tax exemption.  Credit unions are tax-exempt because they are not-for-profit, democratically controlled cooperatives that are generally directed by volunteer boards and return earnings to the members.  Members receive more favorable rates on loans and savings because of the not-for-profit, cooperative structure of credit unions, which allows them to focus on service to members.  Changing the tax status would hinder credit unions’ ability to maintain this structure – and a new tax on credit unions would be a new tax on 7 million Texans.

Dual charter: The Texas Credit Union League strongly supports the dual chartering system for Texas credit unions.  Like the dual banking system, Texas credit unions have the choice to operate as a federal or state charter.  That valuable choice allows a Texas credit union to compare the federal and state systems, by powers, regulatory authority, and benefits, and choose the best system to serve its members. 

Independent regulator: The Texas Credit Union League strongly supports maintaining an independent and separate state regulator to charter, examine, and supervise state-chartered credit unions in Texas.  The Texas Credit Union Department provides credit union specific supervision and examination to ensure safety and soundness.  The Texas Credit Union Department’s continuous high performance ratings demonstrate that the independent regulatory system works well. 

Data security: TCUL strongly supports a statewide requirement for merchants capturing credit or debit card data to comply with industry data security standards.  TCUL further supports legislatiotexasunclesamn that will have a reimbursement mechanism requiring non-compliant merchants to assume all the costs of replacing the compromised accounts.  

The complete policy papers will be online by January 1, 2008. An additional policy paper will be drafted for LRAC and League Board review on credit unions service to people of modest means.
Upcoming Meetings:

LRAC
February 15, 2008
Dallas

CUNA GAC
March 3-5, 2008
Washington

LRAC Summit
June 16, 2008
Dallas
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jeff


 Jeff Huffman

Vice President
Government Relations

Senate Bill passed Senate, on way to House Judiciary

Includes tougher penalties for ID theft and broadens definition of “cyber-extortion”

Separate House bill requires companies to notify Secret Service or FBI in the event of major breach.

Hearing scheduled this week on House bill.


Data Security News

S. 2213 by Senator Patrick Leahey (D-VT) the Identity Theft Enforcement and Restitution Act of 2007 passed the Senate on November 15, 2007. It has been referred to the US House Judiciary committee.

S. 2213 amends the federal criminal code to:
 
(1) authorize criminal , restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred;
(2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected);
(3) include conspiracy to commit a felony with the definition of "felony violation" for purposes of aggravated identity theft crimes;
(4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft;
(5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication;
(6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer;
(7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution;
(8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;
(9) prohibit conspiracies to commit computer fraud;
(10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and
(11) impose criminal and civil forfeitures of property used to commit computer fraud offenses. guy

The bill directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses.

House Judiciary Chairman John Conyers (D-MI) has authored HR 4175, the Privacy and Cybercrime Enforcement Act of 2007 which was referred to the House Judiciary committee on November 14, 2007. 
Upcoming Meetings

Winter Recess
December 21, 2007 - January 7, 2008

Data Security Hearing
March 13, 2008

CUNA GAC
March 2-5, 2008
Washington, DC
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statetab
Carolyn
 
Carolyn Merchan Sagert
Legislative and Compliance Counsel

Interim Charges for House include Data Security in Business and Commerce


House Financial Institutions Committee Charges include mortgage issues, motor vehicles sales, credit cards and investments


Interim Study Charges - House

Texas House Speaker Tom Craddick recently released the Interim Charges for the House Committees.  Interim charges are important issues studied by committees during the period between regular legislative sessions, allowing time to carefully address complex issues.  The result of these committee studies will be reported before the start of the next legislative session, January 2009. 

Taking a bit of a different spin this go around the Speaker released the charges in batches on three subsequent days, instead of all at once.  Included in the first batch were the charges for the House Committee on Business and Industry and the House Committee on Financial Institutions, the two key committees that address the majority of credit union issues.

buttonTraditionally the Committee on Business and Industry is not the primary committee for credit unions, however the committee has an interim charge of grave importance:  Data Security.  The committee’s first charge addresses the larger issue of identity theft but it specifically states that the committee will examine the problem of electronic data breaches, as well as the feasibility of requiring periodic destruction of records for businesses and state entities to limit exposure to identity theft. Most significantly, the committee is charged with recommending legislative changes needed to combat the problem. 
Upcoming Meetings:

Interim Study deadline
March 15, 2008
Austin

Primary
March 3, 2008

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