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 city or county whose population is1-4
100,000 or more may lend securities from its investment portfolio if:1-5
(a) The investment portfolio has a value of at least $100,000,000;1-6
(b) The treasurer of the city or county:1-7
(1) Establishes a policy for investment that includes provisions1-8
which set forth the procedures to be used to lend securities pursuant to1-9
this section; and1-10
(2) Submits the policy established pursuant to subparagraph (1) to1-11
the city or county manager and prepares and submits to the city or1-12
county manager a monthly report that sets forth the securities that have1-13
been lent pursuant to this section and any other information relating1-14
thereto, including, without limitation, the terms of each agreement for1-15
the lending of those securities; and1-16
(c) The governing body receives collateral from the borrower in the1-17
form of cash or marketable securities that are:2-1
(1) Authorized pursuant to NRS 355.170, if the collateral is in the2-2
form of marketable securities; and2-3
(2) At least 102 percent of the value of the securities borrowed.2-4
2. The governing body of a city or county may enter into such2-5
contracts as are necessary to extend and manage loans pursuant to this2-6
section.2-7
3. Any investments made with collateral received pursuant to2-8
subsection 1 must mature not later than 90 days after the date on which2-9
the securities are lent.2-10
Sec. 2. NRS 355.167 is hereby amended to read as follows: 355.167 1. The local government pooled investment fund is hereby2-12
created as an agency fund to be administered by the state treasurer.2-13
2. Any local government, as defined in NRS 354.474, may deposit its2-14
money with the state treasurer for credit to the fund for purposes of2-15
investment.2-16
3. The state treasurer may invest the money of the fund:2-17
(a) In securities which have been authorized as investments for a local2-18
government by any provision of NRS or any special law.2-19
(b) In time certificates of deposit in the manner provided by NRS2-20
356.015.2-21
4. The state treasurer may lend securities in which he invests2-22
pursuant to subsection 3 or NRS 355.165 if he receives collateral from the2-23
borrower in the form of cash or marketable securities that are:2-24
(a) Acceptable to the state treasurer; and2-25
(b) At least 102 percent of the value of the securities borrowed.2-26
The state treasurer may enter into such contracts as are necessary to2-27
extend and manage loans pursuant to this subsection.2-28
5. Each local government2-29
state treasurer for such an investment must:2-30
(a) Upon the deposit, inform him in writing how long a period the money2-31
is expected to be available for investment.2-32
(b) At the end of the period, notify him in writing whether it wishes to2-33
extend the period.2-34
2-35
before the end of the period of investment, it must make a written request to2-36
the state treasurer. Whenever he is required to sell or liquidate invested2-37
securities because of a request for early withdrawal, any penalties or loss of2-38
interest incurred must be charged against the deposit of the local2-39
government which requested the early withdrawal.2-40
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credit to the fund.3-1
3-2
fund for reimbursement of the expenses which he incurs in administering the3-3
fund. The amount of the assessments must be transferred to an account3-4
within the state general fund for use of the state treasurer in carrying out the3-5
provisions of this section.3-6
3-7
shall:3-8
(a) Compute the proportion of the total deposits in the fund which were3-9
attributable during the quarter to each local government;3-10
(b) Apply that proportion to the total amount of interest received during3-11
the quarter on invested money of the fund; and3-12
(c) Pay to each participating local government or reinvest upon its3-13
instructions its proportionate share of the interest, as computed pursuant to3-14
paragraphs (a) and (b), less the proportionate amounts of the assessments3-15
for the expenses of administration.3-16
3-17
out the provisions of this section.3-18
Sec. 3. NRS 355.172 is hereby amended to read as follows: 355.172 1.3-20
act, any securities purchased as an investment of money by or on behalf of a3-21
local government, as defined in NRS 354.474, must remain in the3-22
possession of the county treasurer, the appropriate officer of that local3-23
government or a bank, as provided in subsection 2, throughout the period of3-24
the investment, except that any securities subject to repurchase by the seller3-25
may be evidenced by a fully perfected, first-priority security interest, as3-26
provided in subsection 3.3-27
2. The county treasurer or the appropriate officer of a local government3-28
may physically possess those securities, which must be in bearer form or3-29
registered in the name of the local government, or may make an agreement,3-30
in writing, with the trust department of any bank insured by the Federal3-31
Deposit Insurance Corporation to hold those securities in trust for that local3-32
government. If such an agreement is made, the trust department shall furnish3-33
the county treasurer or the appropriate officer of the local government with3-34
a written statement acknowledging that it is so holding the securities.3-35
3. If the securities purchased are subject to an arrangement for the3-36
repurchase of those securities by the seller thereof, the county treasurer, the3-37
appropriate officer of the local government or a trust department of a bank,3-38
as provided in subsection 2, may, in lieu of the requirement of possession,3-39
obtain the sole, fully perfected, first-priority security interest in those3-40
securities. If the trust department of a bank obtains such a security interest,3-41
it shall furnish the county treasurer or the appropriate officer of the local4-1
government with a written statement acknowledging that fact. Any securities4-2
so purchased must, at the time of purchase by or for a local government,4-3
have a fair market value equal to or greater than the repurchase price of the4-4
securities. Sec. 4. Chapter 319 of NRS is hereby amended by adding thereto a4-6
new section to read as follows:4-7
1. The division may lend any securities in which it invests pursuant to4-8
NRS 319.170 if the division receives collateral from the borrower in the4-9
form of cash or marketable securities that are:4-10
(a) Acceptable to the division; and4-11
(b) At least 102 percent of the value of the securities borrowed.4-12
2. The division may enter into such contracts as are necessary to4-13
extend and manage loans pursuant to this section. Sec. 5. Chapter 349 of NRS is hereby amended by adding thereto a4-15
new section to read as follows:4-16
1. The director may lend any securities in which he invests pursuant4-17
to NRS 349.855 if he receives collateral from the borrower in the form of4-18
cash or marketable securities that are:4-19
(a) Acceptable to the director; and4-20
(b) At least 102 percent of the value of the securities borrowed.4-21
2. The director may enter into such contracts as are necessary to4-22
extend and manage loans pursuant to this section.~