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Senate File 2408

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 12C.6, unnumbered paragraph 1, Code
  1  2 1995, is amended to read as follows:
  1  3    Public deposits shall be deposited with reasonable
  1  4 promptness in a depository legally designated as depository
  1  5 for the funds.  A committee composed of the superintendent of
  1  6 banking, the superintendent of credit unions, the auditor of
  1  7 state or a designee, and the treasurer of state shall meet on
  1  8 or about the first of each month or at other times as the
  1  9 committee may prescribe and by majority action shall establish
  1 10 a minimum rate to be earned on state funds placed in time
  1 11 deposits.  State funds invested in depository time
  1 12 certificates of deposit shall draw interest at not less than
  1 13 the rate established, effective on the date of investment.  An
  1 14 interest rate established by the committee under this section
  1 15 shall be in effect commencing on the eighth calendar day
  1 16 following the day the rate is established and until a
  1 17 different rate is established and takes effect.  The committee
  1 18 shall give advisory notice of an interest rate established
  1 19 under this section.  This notice may be given by publication
  1 20 in one or more newspapers, by publication in the Iowa
  1 21 administrative bulletin, by ordinary mail to persons directly
  1 22 affected, by any other method determined by the committee, or
  1 23 by a combination of these.  In all cases, the notice shall be
  1 24 published in the Iowa administrative bulletin.  The notice
  1 25 shall contain the following words:
  1 26    Sec. 2.  Section 12C.6A, subsections 2 and 3, Code 1995,
  1 27 are amended to read as follows:
  1 28    2.  In addition to establishing a minimum interest rate for
  1 29 public funds pursuant to section 12C.6, the committee composed
  1 30 of the superintendent of banking, the superintendent of credit
  1 31 unions, the auditor of state or a designee, and the treasurer
  1 32 of state shall develop a list of financial institutions
  1 33 eligible to accept state public funds.  The committee shall
  1 34 require that a financial institution seeking to qualify for
  1 35 the list shall annually provide the committee a written
  2  1 statement that the financial institution has a commitment to
  2  2 community reinvestment consistent with the safe and sound
  2  3 operation of a financial institution.  The committee shall
  2  4 accept a certified copy of the annual community reinvestment
  2  5 report filed by the financial institution, unless the
  2  6 financial institution has received a rating of satisfactory or
  2  7 higher pursuant to the federal Community Reinvestment Act, 12
  2  8 U.S.C. } 2901 et seq., in satisfaction of the written
  2  9 statement requirement under this subsection and such rating is
  2 10 certified to the committee by the superintendent of banking.
  2 11 To qualify for the list a financial institution must
  2 12 demonstrate a continuing commitment to meet the credit needs
  2 13 of the local community in which it is chartered.
  2 14    3.  The committee shall develop procedures to ensure that
  2 15 the financial institution's statement is available and
  2 16 accessible for examination by citizens.  The committee may
  2 17 require a financial institution to provide public notice
  2 18 inviting the public to submit comments to the financial
  2 19 institution regarding its community lending activities.  Each
  2 20 financial institution shall maintain a file open to public
  2 21 inspection which contains the five most recent annual
  2 22 community reinvestment disclosure statements, public comments
  2 23 received on its community investment activities, and the
  2 24 financial institution's response to those comments.  The
  2 25 committee shall adopt procedures for both of the following:
  2 26    a.  To receive information relating to a financial
  2 27 institution's commitment to community reinvestment.
  2 28    b.  To receive challenges from any person to a financial
  2 29 institution's continued eligibility to receive state public
  2 30 funds.
  2 31    Sec. 3.  Section 12C.6A, subsection 4, paragraphs d and g,
  2 32 Code 1995, are amended to read as follows:
  2 33    d.  Practices intended to discourage application for types
  2 34 of credit set forth in the Community Reinvestment Act
  2 35 statement home mortgages, small business loans, small farm
  3  1 loans, community development loans, and, if consumer lending
  3  2 constitutes a substantial majority of a financial
  3  3 institution's business, consumer loans.
  3  4    g.  Participation in local community and rural development
  3  5 and redevelopment projects, and in state and federal business
  3  6 and economic development programs.  The committee may specify
  3  7 by rule which programs must be included in the annual
  3  8 statement.  
  3  9                           EXPLANATION
  3 10    This bill amends chapter 12C, which relates to the deposit
  3 11 of public funds, by striking references to the annual
  3 12 community reinvestment report filed pursuant to federal law,
  3 13 as that statement is no longer required.  A financial
  3 14 institution seeking to qualify for the deposit of state public
  3 15 funds is to provide a written statement to the committee which
  3 16 develops the list of eligible institutions indicating that the
  3 17 financial institution has a commitment to community
  3 18 reinvestment consistent with the safe and sound operation of a
  3 19 financial institution unless the financial institution has
  3 20 received a rating of satisfactory or higher pursuant to the
  3 21 federal Community Reinvestment Act.  The rating is to be
  3 22 certified to the committee by the superintendent of banking.
  3 23 Currently, all financial institutions must provide the
  3 24 statement in order to qualify for the deposit of state public
  3 25 funds.  Language relating to the availability of the financial
  3 26 institution's annual community reinvestment disclosure
  3 27 statement to the public is also stricken.
  3 28    Under section 12C.6A, the committee receives challenges to
  3 29 a financial institution's continued eligibility to receive
  3 30 state public funds.  Two of the factors considered by the
  3 31 committee are amended by the bill.  First, the committee is to
  3 32 look at practices of the financial institution intended to
  3 33 discourage application for home mortgages, small business
  3 34 loans, small farm loans, community development loans, and, if
  3 35 consumer lending is a substantial majority of the financial
  4  1 institution's business, consumer loans.  Currently, the
  4  2 committee is to look at practices intended to discourage
  4  3 application for types of credit set forth in the Community
  4  4 Reinvestment Act statement, which will no longer be required.
  4  5 Language is also stricken which grants the committee the
  4  6 authority to specify which state and federal business and
  4  7 economic development programs participated in by the financial
  4  8 institution are to be included in an annual statement.
  4  9    The bill also amends section 12C.6 by adding the
  4 10 superintendent of credit unions to the committee which
  4 11 develops the list of financial institutions eligible to accept
  4 12 state public funds deposits of public funds and which also
  4 13 establishes a minimum rate to be earned on such deposits.  
  4 14 LSB 4088SV 76
  4 15 mj/jj/8
     

Text: SF02407                           Text: SF02409
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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