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:
1-1
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 consolidated municipality whose2-5
population is 50,000 or more but less than 100,000 may lend securities2-6
from its investment portfolio if:2-7
(a) The investment portfolio has a value of at least $50,000,000;2-8
(b) The governing body is currently authorized to lend securities2-9
pursuant to subsection 5;2-10
(c) The treasurer of the city or consolidated municipality:2-11
(1) Establishes a policy for investment that includes provisions2-12
which set forth the procedures to be used to lend securities pursuant to2-13
this section; and2-14
(2) Submits the policy established pursuant to subparagraph (1) to2-15
the manager of the city or consolidated municipality and prepares and2-16
submits to the manager of the city or consolidated municipality a2-17
monthly report that sets forth the securities that have been lent pursuant2-18
to this section and any other information relating thereto, including,2-19
without limitation, the terms of each agreement for the lending of those2-20
securities; and2-21
(d) The governing body receives collateral from the borrower in the2-22
form of cash or marketable securities that are:2-23
(1) Authorized pursuant to NRS 355.170, if the collateral is in the2-24
form of marketable securities; and2-25
(2) At least 102 percent of the value of the securities borrowed.2-26
3. The governing body of a city, county or consolidated municipality2-27
may enter into such contracts as are necessary to extend and manage2-28
loans pursuant to this section.2-29
4. Any investments made with collateral received pursuant to2-30
subsection 1 or 2 must mature not later than 90 days after the date on2-31
which the securities are lent.2-32
5. The governing body of a city or consolidated municipality whose2-33
population is 50,000 or more but less than 100,000 shall not lend2-34
securities from its investment portfolio unless it has been authorized to2-35
do so by the state board of finance. The state board of finance shall adopt2-36
regulations that establish minimum standards for granting authorization2-37
pursuant to this subsection. Such an authorization is valid for 2 years2-38
and may be renewed by the state board of finance for additional 2-year2-39
periods.2-40
Sec. 2. NRS 355.167 is hereby amended to read as follows: 355.167 1. The local government pooled investment fund is hereby2-42
created as an agency fund to be administered by the state treasurer.3-1
2. Any local government, as defined in NRS 354.474, may deposit its3-2
money with the state treasurer for credit to the fund for purposes of3-3
investment.3-4
3. The state treasurer may invest the money of the fund:3-5
(a) In securities which have been authorized as investments for a local3-6
government by any provision of NRS or any special law.3-7
(b) In time certificates of deposit in the manner provided by NRS3-8
356.015.3-9
4. The state treasurer may lend securities in which he invests3-10
pursuant to subsection 3 or NRS 355.165 if he receives collateral from the3-11
borrower in the form of cash or marketable securities that are:3-12
(a) Acceptable to the state treasurer; and3-13
(b) At least 102 percent of the value of the securities borrowed.3-14
The state treasurer may enter into such contracts as are necessary to3-15
extend and manage loans pursuant to this subsection.3-16
5. Each local government3-17
state treasurer for such an investment must:3-18
(a) Upon the deposit, inform him in writing how long a period the money3-19
is expected to be available for investment.3-20
(b) At the end of the period, notify him in writing whether it wishes to3-21
extend the period.3-22
3-23
before the end of the period of investment, it must make a written request to3-24
the state treasurer. Whenever he is required to sell or liquidate invested3-25
securities because of a request for early withdrawal, any penalties or loss of3-26
interest incurred must be charged against the deposit of the local3-27
government which requested the early withdrawal.3-28
3-29
credit to the fund.3-30
3-31
fund for reimbursement of the expenses which he incurs in administering the3-32
fund. The amount of the assessments must be transferred to an account3-33
within the state general fund for use of the state treasurer in carrying out the3-34
provisions of this section.3-35
3-36
shall:3-37
(a) Compute the proportion of the total deposits in the fund which were3-38
attributable during the quarter to each local government;3-39
(b) Apply that proportion to the total amount of interest received during3-40
the quarter on invested money of the fund; and3-41
(c) Pay to each participating local government or reinvest upon its3-42
instructions its proportionate share of the interest, as computed pursuant to4-1
paragraphs (a) and (b), less the proportionate amounts of the assessments4-2
for the expenses of administration.4-3
4-4
out the provisions of this section.4-5
Sec. 3. NRS 355.172 is hereby amended to read as follows: 355.172 1.4-7
act, any securities purchased as an investment of money by or on behalf of a4-8
local government, as defined in NRS 354.474, must remain in the4-9
possession of the county treasurer, the appropriate officer of that local4-10
government or a bank, as provided in subsection 2, throughout the period of4-11
the investment, except that any securities subject to repurchase by the seller4-12
may be evidenced by a fully perfected, first-priority security interest, as4-13
provided in subsection 3.4-14
2. The county treasurer or the appropriate officer of a local government4-15
may physically possess those securities, which must be in bearer form or4-16
registered in the name of the local government, or may make an agreement,4-17
in writing, with the trust department of any bank insured by the Federal4-18
Deposit Insurance Corporation to hold those securities in trust for that local4-19
government. If such an agreement is made, the trust department shall furnish4-20
the county treasurer or the appropriate officer of the local government with4-21
a written statement acknowledging that it is so holding the securities.4-22
3. If the securities purchased are subject to an arrangement for the4-23
repurchase of those securities by the seller thereof, the county treasurer, the4-24
appropriate officer of the local government or a trust department of a bank,4-25
as provided in subsection 2, may, in lieu of the requirement of possession,4-26
obtain the sole, fully perfected, first-priority security interest in those4-27
securities. If the trust department of a bank obtains such a security interest,4-28
it shall furnish the county treasurer or the appropriate officer of the local4-29
government with a written statement acknowledging that fact. Any securities4-30
so purchased must, at the time of purchase by or for a local government,4-31
have a fair market value equal to or greater than the repurchase price of the4-32
securities. Sec. 4. Chapter 319 of NRS is hereby amended by adding thereto a4-34
new section to read as follows:4-35
1. The division may lend any securities in which it invests pursuant to4-36
NRS 319.170 if the division receives collateral from the borrower in the4-37
form of cash or marketable securities that are:4-38
(a) Acceptable to the division; and4-39
(b) At least 102 percent of the value of the securities borrowed.4-40
2. The division may enter into such contracts as are necessary to4-41
extend and manage loans pursuant to this section.5-1
Sec. 5. Chapter 349 of NRS is hereby amended by adding thereto a5-2
new section to read as follows:5-3
1. The director may lend any securities in which he invests pursuant5-4
to NRS 349.855 if he receives collateral from the borrower in the form of5-5
cash or marketable securities that are:5-6
(a) Acceptable to the director; and5-7
(b) At least 102 percent of the value of the securities borrowed.5-8
2. The director may enter into such contracts as are necessary to5-9
extend and manage loans pursuant to this section.~