Senate Bill No. 14–Committee on Commerce and Labor
Prefiled January 8, 1999
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Referred to Committee on Government Affairs
SUMMARY—Authorizes certain public entities to lend securities under certain circumstances. (BDR 31-345)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 355 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. The governing body of a local government may lend securities1-4
from the investment portfolio of the local government if the governing1-5
body receives collateral from the borrower in the form of cash or1-6
marketable securities that are:1-7
(a) Acceptable to the governing body; and1-8
(b) At least equal to the value of the securities borrowed.1-9
2. The governing body of a local government may enter into such1-10
contracts as are necessary to extend and manage loans pursuant to this1-11
section.1-12
3. As used in this section:1-13
(a) "Governing body" means the board, council, commission or other1-14
body in which the general legislative and fiscal powers of a local1-15
government are vested.1-16
(b) "Local government" means a political subdivision or other entity1-17
that has the right to levy or receive money from ad valorem or other taxes1-18
or any mandatory assessments, including, without limitation, counties,1-19
cities, towns, municipalities, boards, school districts and other districts2-1
organized pursuant to chapters 244, 244A, 309, 318, 379, 450, 473, 474,2-2
539, 541, 543 and 555 of NRS, and any agency or department of a county2-3
or city which prepares a budget separate from that of the parent political2-4
subdivision.2-5
Sec. 2. NRS 355.167 is hereby amended to read as follows: 355.167 1. The local government pooled investment fund is hereby2-7
created as an agency fund to be administered by the state treasurer.2-8
2. Any local government, as defined in NRS 354.474, may deposit its2-9
money with the state treasurer for credit to the fund for purposes of2-10
investment.2-11
3. The state treasurer may invest the money of the fund:2-12
(a) In securities which have been authorized as investments for a local2-13
government by any provision of NRS or any special law.2-14
(b) In time certificates of deposit in the manner provided by NRS2-15
356.015.2-16
4. The state treasurer may lend securities in which he invests2-17
pursuant to subsection 3 or NRS 355.165 if he receives collateral from the2-18
borrower in the form of cash or marketable securities that are:2-19
(a) Acceptable to the state treasurer; and2-20
(b) At least equal to the value of the securities borrowed.2-21
The state treasurer may enter into such contracts as are necessary to2-22
extend and manage loans pursuant to this subsection.2-23
5. Each local government2-24
state treasurer for such an investment must:2-25
(a) Upon the deposit, inform him in writing how long a period the money2-26
is expected to be available for investment.2-27
(b) At the end of the period, notify him in writing whether it wishes to2-28
extend the period.2-29
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before the end of the period of investment, it must make a written request to2-31
the state treasurer. Whenever he is required to sell or liquidate invested2-32
securities because of a request for early withdrawal, any penalties or loss of2-33
interest incurred must be charged against the deposit of the local2-34
government which requested the early withdrawal.2-35
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credit to the fund.2-37
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fund for reimbursement of the expenses which he incurs in administering the2-39
fund. The amount of the assessments must be transferred to an account2-40
within the state general fund for use of the state treasurer in carrying out the2-41
provisions of this section.2-42
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shall:3-1
(a) Compute the proportion of the total deposits in the fund which were3-2
attributable during the quarter to each local government;3-3
(b) Apply that proportion to the total amount of interest received during3-4
the quarter on invested money of the fund; and3-5
(c) Pay to each participating local government or reinvest upon its3-6
instructions its proportionate share of the interest, as computed pursuant to3-7
paragraphs (a) and (b), less the proportionate amounts of the assessments3-8
for the expenses of administration.3-9
3-10
out the provisions of this section.3-11
Sec. 3. NRS 355.172 is hereby amended to read as follows: 355.172 1.3-13
act, any securities purchased as an investment of money by or on behalf of a3-14
local government, as defined in NRS 354.474, must remain in the3-15
possession of the county treasurer, the appropriate officer of that local3-16
government or a bank, as provided in subsection 2, throughout the period of3-17
the investment, except that any securities subject to repurchase by the seller3-18
may be evidenced by a fully perfected, first-priority security interest, as3-19
provided in subsection 3.3-20
2. The county treasurer or the appropriate officer of a local government3-21
may physically possess those securities, which must be in bearer form or3-22
registered in the name of the local government, or may make an agreement,3-23
in writing, with the trust department of any bank insured by the Federal3-24
Deposit Insurance Corporation to hold those securities in trust for that local3-25
government. If such an agreement is made, the trust department shall furnish3-26
the county treasurer or the appropriate officer of the local government with3-27
a written statement acknowledging that it is so holding the securities.3-28
3. If the securities purchased are subject to an arrangement for the3-29
repurchase of those securities by the seller thereof, the county treasurer, the3-30
appropriate officer of the local government or a trust department of a bank,3-31
as provided in subsection 2, may, in lieu of the requirement of possession,3-32
obtain the sole, fully perfected, first-priority security interest in those3-33
securities. If the trust department of a bank obtains such a security interest,3-34
it shall furnish the county treasurer or the appropriate officer of the local3-35
government with a written statement acknowledging that fact. Any securities3-36
so purchased must, at the time of purchase by or for a local government,3-37
have a fair market value equal to or greater than the repurchase price of the3-38
securities.3-39
Sec. 4. Chapter 286 of NRS is hereby amended by adding thereto the3-40
provisions set forth as sections 5 and 6 of this act.3-41
Sec. 5. 1. The board may lend securities from the investment3-42
portfolio of the system if the board receives collateral from the borrower3-43
in the form of cash or marketable securities that are:4-1
(a) Acceptable to the board; and4-2
(b) At least equal to the value of the securities borrowed.4-3
2. The board may enter into such contracts as are necessary to extend4-4
and manage loans pursuant to this section.4-5
Sec. 6. 1. The board of regents of the University of Nevada may4-6
lend securities from the investment portfolio of the retirement program if4-7
the board of regents receives collateral from the borrower in the form of4-8
cash or marketable securities that are:4-9
(a) Acceptable to the board of regents; and4-10
(b) At least equal to the value of the securities borrowed.4-11
2. The board of regents of the University of Nevada may enter into4-12
such contracts as are necessary to extend and manage loans pursuant to4-13
this section. Sec. 7. Chapter 319 of NRS is hereby amended by adding thereto a4-15
new section to read as follows:4-16
1. The division may lend any securities in which it invests pursuant to4-17
NRS 319.170 if the division receives collateral from the borrower in the4-18
form of cash or marketable securities that are:4-19
(a) Acceptable to the division; and4-20
(b) At least equal to the value of the securities borrowed.4-21
2. The division may enter into such contracts as are necessary to4-22
extend and manage loans pursuant to this section. Sec. 8. Chapter 349 of NRS is hereby amended by adding thereto a4-24
new section to read as follows:4-25
1. The director may lend any securities in which he invests pursuant4-26
to NRS 349.855 if he receives collateral from the borrower in the form of4-27
cash or marketable securities that are:4-28
(a) Acceptable to the director; and4-29
(b) At least equal to the value of the securities borrowed.4-30
2. The director may enter into such contracts as are necessary to4-31
extend and manage loans pursuant to this section.~