Text: H08127                            Text: H08129
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8128

Amendment Text

PAG LIN
  1  1    Amend House File 681, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 12C.1, subsection 2, paragraph
  1  6 c, Code Supplement 2001, is amended to read as
  1  7 follows:
  1  8    c.  "Bank" means a corporation engaged in the
  1  9 business of banking authorized by law to receive
  1 10 deposits and whose deposits are insured by the bank
  1 11 insurance fund or the savings association insurance
  1 12 fund of the federal deposit insurance corporation and
  1 13 includes any office of a bank.  "Bank" also means a
  1 14 savings and loan or savings association."
  1 15    #2.  Page 1, line 1, by inserting after the word
  1 16 "Code" the following:  "Supplement".
  1 17    #3.  Page 1, by inserting after line 20 the
  1 18 following:
  1 19    "Sec.    .  Section 12C.6A, subsection 2, Code
  1 20 2001, is amended to read as follows:
  1 21    2.  In addition to establishing a minimum interest
  1 22 rate for public funds pursuant to section 12C.6, the
  1 23 committee composed of the superintendent of banking,
  1 24 the superintendent of credit unions, the auditor of
  1 25 state or a designee, and the treasurer of state shall
  1 26 develop a list of financial institutions eligible to
  1 27 accept state public funds.  The committee shall
  1 28 require that a financial institution seeking to
  1 29 qualify for the list shall annually provide the
  1 30 committee a written statement that the financial
  1 31 institution has complied with the requirements of this
  1 32 chapter and has a commitment to community reinvestment
  1 33 consistent with the safe and sound operation of a
  1 34 financial institution, unless the financial
  1 35 institution has received a rating of satisfactory or
  1 36 higher pursuant to the federal Community Reinvestment
  1 37 Act, 12 U.S.C. } 2901 et seq., and such rating is
  1 38 certified to the committee by the superintendent of
  1 39 banking.  To qualify for the list a financial
  1 40 institution must demonstrate a continuing commitment
  1 41 to meet the credit needs of the local community in
  1 42 which it is chartered."
  1 43    #4.  Page 2, by striking lines 2 through 18 and
  1 44 inserting the following:
  1 45    "Sec.    .  NEW SECTION.  12C.20  PUBLIC FUND
  1 46 REPORTS.
  1 47    1.  On or before the tenth day of February, May,
  1 48 August, and November of each year, each savings and
  1 49 loan and each out-of-state bank that has one or more
  1 50 branches in the state shall calculate and certify to
  2  1 the superintendent of banking in the form prescribed
  2  2 by the superintendent the amount of public funds on
  2  3 deposit at the savings and loan and at each such
  2  4 branch of the out-of-state bank as of the end of the
  2  5 previous calendar quarter.
  2  6    2.  A bank shall, upon request of the
  2  7 superintendent, certify to the superintendent the
  2  8 amount of public funds on deposit at the bank and at
  2  9 each branch of an out-of-state bank on any day
  2 10 specified by the superintendent in such request.
  2 11    3.  The superintendent may at any time make such
  2 12 investigation as the superintendent deems necessary
  2 13 and appropriate to verify the information provided to
  2 14 the superintendent pursuant to subsections 1 and 2.
  2 15    4.  On or before the twentieth day of February,
  2 16 May, August, and November of each year, the
  2 17 superintendent shall notify the treasurer of state of
  2 18 the amount of collateral required to be pledged as of
  2 19 the end of the previous calendar quarter based upon
  2 20 the certification provided to the superintendent under
  2 21 subsection 1 or 2 and a review by the superintendent
  2 22 of the quarterly call report filed by each bank that
  2 23 is not a savings and loan or an out-of-state bank."
  2 24    #5.  Page 2, line 21, by striking the words
  2 25 "financial institution that is a".
  2 26    #6.  Page 2, lines 23 and 24, by striking the words
  2 27 "before the first day of each calendar quarter".
  2 28    #7.  Page 2, line 27, by striking the words "same
  2 29 depository or holding company" and inserting the
  2 30 following:  "bank pledging the collateral or any
  2 31 affiliate of the bank as defined in section 524.1101".
  2 32    #8.  Page 3, line 7, by inserting after the word
  2 33 "bank" the following:  "by paying an assessment to the
  2 34 treasurer of state".
  2 35    #9.  Page 3, by striking lines 9 through 13 and
  2 36 inserting the following:
  2 37    "c.  In the event an assessment is paid by a bank
  2 38 to the treasurer of state pursuant to section 12C.23A,
  2 39 or in the event that collateral pledged by the bank is
  2 40 liquidated pursuant to section 12C.23A, subsection 3,
  2 41 paragraph "e", and the proceeds are used to pay the
  2 42 assessment, the bank is subrogated to the claim of a
  2 43 public funds depositor to the extent the claim is paid
  2 44 from funds paid by the bank or proceeds of collateral
  2 45 pledged by the bank are used to pay the assessment."
  2 46    #10.  Page 3, line 14, by inserting after the word
  2 47 "agent" the following:  "of the bank".
  2 48    #11.  By striking page 3, line 19, through page 5,
  2 49 line 33, and inserting the following:
  2 50    "2.  The amount of the collateral required to be
  3  1 pledged by a bank shall at all times equal or exceed
  3  2 the total of the amount by which the public funds
  3  3 deposits in the bank exceeds the total capital of the
  3  4 bank.  For purposes of this chapter, unless the
  3  5 context otherwise requires, "total capital of the
  3  6 bank" means its tier one capital plus both of the
  3  7 following components of tier two capital:
  3  8    a.  Qualifying subordinated debt and redeemable
  3  9 preferred stock.
  3 10    b.  Cumulative perpetual preferred stock.
  3 11    3.  The amount of collateral pledged by an out-of-
  3 12 state bank that operates a branch in Iowa shall be
  3 13 calculated in accordance with the following formula:
  3 14    a.  Total deposits of the bank.
  3 15    b.  Total deposits in Iowa branches of the bank.
  3 16    c.  The total of paragraph "b" divided by the total
  3 17 of paragraph "a", in order to establish the deposits
  3 18 of Iowa branches as a percentage of total deposits.
  3 19    d.  Total capital of the bank as defined in
  3 20 subsection 2.
  3 21    e.  The total of paragraph "d" multiplied by the
  3 22 total of paragraph "c", in order to establish Iowa
  3 23 branch capital.
  3 24    f.  Total public funds deposits in the bank.
  3 25    g.  The excess of the total of paragraph "f" over
  3 26 the total of paragraph "e", if any.
  3 27    4.  The value of the collateral shall be its market
  3 28 value.
  3 29    5.  The treasurer of state shall adopt rules
  3 30 pursuant to chapter 17A to administer this section,
  3 31 including rules to do the following:
  3 32    a.  Designate not less than four financial
  3 33 institutions that may be custodians of collateral
  3 34 pledged under this chapter and establish regulations
  3 35 for qualification and compliance by the custodians and
  3 36 remedies and sanctions for noncompliance by the
  3 37 custodians.
  3 38    b.  Establish requirements for reporting to the
  3 39 treasurer of state by a financial institution of the
  3 40 amount and value of collateral held by the financial
  3 41 institution as custodian of collateral for the
  3 42 uninsured public funds on deposit in a bank.
  3 43    c.  Establish procedures for the valuation of
  3 44 collateral that does not have a readily ascertainable
  3 45 market value.
  3 46    d.  Establish procedures for substituting different
  3 47 collateral for collateral pledged under this section.
  3 48    e.  Establish procedures to determine the amount of
  3 49 the uninsured public funds of each bank or branch of
  3 50 an out-of-state bank as of the date of closing of a
  4  1 closed bank and the amount of the assessment to be
  4  2 made upon each bank.
  4  3    f.  Establish additional procedures necessary to
  4  4 administer this chapter and other rules as may be
  4  5 necessary to accomplish the purposes of this chapter.
  4  6    g.  Provide forms and procedures for compliance
  4  7 with this chapter, including electronic compliance.
  4  8    h.  Establish amounts and procedures for payment of
  4  9 fees to cover the costs of administration of this
  4 10 chapter.
  4 11    6.  The collateral used to secure public deposits
  4 12 shall be in one or more of the following forms
  4 13 acceptable to the treasurer of state:
  4 14    a.  Investment securities and shares in which a
  4 15 bank is permitted to invest under section 524.901,
  4 16 subsections 1, 2, and 3.
  4 17    b.  Investment securities, as defined in section
  4 18 524.901, subsection 1, paragraph "a", representing
  4 19 general obligations of a state or a political
  4 20 subdivision of a state that is geographically
  4 21 contiguous with the state, provided that such
  4 22 investment securities are rated within the four
  4 23 highest grades according to a reputable rating service
  4 24 or represent unrated issues of equivalent value.
  4 25    c.  Investment securities, as defined in section
  4 26 524.901, subsection 1, paragraph "a", representing
  4 27 general obligations of a state or a political
  4 28 subdivision of a state that is not contiguous with the
  4 29 state, provided that such investment securities are
  4 30 rated within the two highest grades according to a
  4 31 reputable rating service.
  4 32    d.  Nontransferable letters of credit upon which
  4 33 the payment of principal and interest is fully secured
  4 34 or guaranteed by the United States of America or an
  4 35 agency or instrumentality, including government-
  4 36 sponsored enterprises of the United States of America.
  4 37    e.  Private insurance policies or bonds written by
  4 38 companies approved by the superintendent.
  4 39    7.  A bank may borrow collateral to be pledged
  4 40 under subsection 2 if the collateral is free of any
  4 41 liens, security interests, claims, or encumbrances."
  4 42    #12.  Page 6, lines 2 and 3, by striking the words
  4 43 "and the pledging of securities".
  4 44    #13.  By inserting after page 6, line 4, the
  4 45 following:
  4 46    "   .  Agreement by the bank to pledge collateral
  4 47 as required by section 12C.22."
  4 48    #14.  Page 6, line 5, by striking the word
  4 49 "securities" and inserting the following:  "the
  4 50 collateral".
  5  1    #15.  Page 6, line 14, by striking the word
  5  2 "certificates" and inserting the following:
  5  3 "certificates certificate".
  5  4    #16.  Page 6, line 19, by inserting after the word
  5  5 "state" the following:  "under subsection 3".
  5  6    #17.  Page 6, lines 21 and 22, by striking the
  5  7 words "regulatory officials" and inserting the
  5  8 following:  "regulatory officials state or federal
  5  9 regulator".
  5 10    #18.  Page 6, line 32, by striking the word "the"
  5 11 and inserting the following:  "a".
  5 12    #19.  Page 6, line 33, by striking the word
  5 13 "depositors" and inserting the following:  "depositors
  5 14 depositor".
  5 15    #20.  Page 7, by striking lines 31 through 34, and
  5 16 inserting the following:  "total of uninsured public
  5 17 funds deposits held by all banks and all branches of
  5 18 out-of-state banks, based upon the average of the
  5 19 uninsured public funds of the assessed bank or branch
  5 20 of an out-of-state bank as of the end of the four
  5 21 calendar quarters prior to the date of closing of the
  5 22 closed bank and the average of the uninsured public
  5 23 funds in all banks and branches of out-of-state banks
  5 24 as of the end of the four calendar quarters prior to
  5 25 the date of closing of the closed bank, excluding the
  5 26 amount of uninsured public funds held by the closed
  5 27 bank at the end of the four calendar quarters held by
  5 28 the closed bank.  Each bank".
  5 29    #21.  Page 8, line 12, by striking the words "that
  5 30 amount" and inserting the following:  "the amount".
  5 31    #22.  Page 8, by inserting after line 14 the
  5 32 following:
  5 33    "f.  If the treasurer of state liquidates
  5 34 collateral pledged by a bank, the bank shall within
  5 35 three business days following receipt of notice from
  5 36 the treasurer of state deposit additional collateral
  5 37 to provide the collateral required under section
  5 38 12C.22."
  5 39    #23.  Page 8, line 15, by striking the letter "f."
  5 40 and inserting the following:  "g."
  5 41    #24.  Page 8, by striking lines 20 and 21 and
  5 42 inserting the following:  "failure to pay the
  5 43 assessment.  If the bank that has failed to pay the
  5 44 assessment is a nationally chartered financial
  5 45 institution, the superintendent shall immediately
  5 46 notify the bank's primary federal regulator.  If the
  5 47 assessment is not paid within thirty days after the
  5 48 bank received the notice of assessment, the treasurer
  5 49 of state shall initiate a lawsuit to collect the
  5 50 amount of the assessment.  If a bank is found to".
  6  1    #25.  By striking page 8, line 33, through page 9,
  6  2 line 7, and inserting the following:
  6  3    "e. h.  Following collection of the assessments,
  6  4 the state treasurer of state shall distribute funds to
  6  5 the public depositors of the failed closed bank
  6  6 according to their validated claims unless a public
  6  7 depositor requests in writing that the claims of other
  6  8 public depositors be paid prior to payment to the
  6  9 public depositor making the request.  If the assets
  6 10 available are less than the total deposits, the
  6 11 treasurer shall prorate the claims.  A public
  6 12 depositor By receiving payment under this section, a
  6 13 public depositor shall assign be deemed to have
  6 14 assigned to the treasurer of state any interest claim
  6 15 the public depositor may have against the closed bank
  6 16 by reason of the deposit of its public funds and all
  6 17 rights the public depositor may have in funds that
  6 18 subsequently become available to depositors of the
  6 19 defaulting closed bank."
  6 20    #26.  Page 9, by striking lines 12 through 26, and
  6 21 inserting the following:  "chapter in a financial
  6 22 institution that is eligible to accept public funds
  6 23 deposits at the time a deposit of public funds is
  6 24 made, a public body depositing public funds or its
  6 25 agents, employees, officers, and board members are,
  6 26 and any person that is an agent, employee, officer, or
  6 27 board member of the public funds depositor, is exempt
  6 28 from liability for any loss resulting from the loss of
  6 29 a depository public funds in the absence of
  6 30 negligence, malfeasance, misfeasance, or nonfeasance
  6 31 on the part of the official public body or such
  6 32 person.  If the treasurer of state sells a
  6 33 depository's collateral securities, the depository
  6 34 shall deposit additional collateral to meet required
  6 35 collateral levels.
  6 36    In making an assessment against depositories
  6 37 holding public funds as a result of a failure, the
  6 38 treasurer of state is exempt from any liability for
  6 39 loss, damage or expense to a depository which has
  6 40 accepted public funds."
  6 41    #27.  Page 9, by adding after line 35 the
  6 42 following:
  6 43    "Sec.    .  Section 12C.26, Code 2001, is amended
  6 44 by striking the section and inserting in lieu thereof
  6 45 the following:
  6 46    12C.26  REFUND FROM SINKING FUNDS.
  6 47    1.  If at the end of any calendar year the amount
  6 48 in the sinking fund exceeds three million one hundred
  6 49 thousand dollars, then to the extent the amount in the
  6 50 sinking fund exceeds three million dollars, the
  7  1 treasurer shall, on or before January 31 of the
  7  2 following year, refund to each bank that paid an
  7  3 assessment after the year 1999 to the sinking fund
  7  4 resulting from the closing of a bank, its pro rata
  7  5 share of the unreimbursed portion of the total
  7  6 assessment paid by all banks.  If assessments remain
  7  7 unreimbursed by reason of the closing of more than one
  7  8 bank, the reimbursements shall be made to the banks
  7  9 that paid assessments by reason of the bank which
  7 10 closed first until those banks are reimbursed in full,
  7 11 and then to the banks that paid assessments by reason
  7 12 of the bank which closed next.  Such a refund shall
  7 13 not be made to a bank if the refund would exceed the
  7 14 amount of previous assessments paid by the bank.
  7 15    2.  Upon recovery of a loss of public funds due to
  7 16 a closed credit union, the treasurer of state may
  7 17 refund all or a portion of the recovered amount to the
  7 18 credit unions that paid an assessment under this
  7 19 chapter as a result of the closing of that credit
  7 20 union."
  7 21    #28.  Page 10, by striking lines 29 through 32 and
  7 22 inserting the following:  "adopt and promulgate such
  7 23 rules and regulations as in the superintendent's
  7 24 opinion will be necessary to properly and effectively
  7 25 carry out and enforce, properly and effectively, the
  7 26 provisions of this chapter and chapter 12C applicable
  7 27 to banks."
  7 28    #29.  Page 11, line 34, by inserting after the word
  7 29 "may" the following:  "recommend to the committee
  7 30 established under section 12C.6 that the bank be
  7 31 removed from the list of financial institutions
  7 32 eligible to accept public funds under section 12C.6A
  7 33 and may".
  7 34    #30.  Page 11, line 35,  by inserting after the
  7 35 words "quarter and" the following:  "up to".
  7 36    #31.  Page 12, by striking lines 1 through 6, and
  7 37 inserting the following:  "the bank do any one or more
  7 38 of the following:
  7 39    a.  Not accept public funds deposits.
  7 40    b.  Return to the depositors some or all uninsured
  7 41 public funds held in demand deposits and, when deposit
  7 42 instruments or agreements mature, return to the
  7 43 depositors some or all deposits representing proceeds
  7 44 of such instruments or agreements.
  7 45    c.  Pledge collateral to the treasurer of state
  7 46 having a value at all times up to one hundred ten
  7 47 percent of the public funds held by the bank.
  7 48    d.  Comply with such other requirements as the
  7 49 superintendent may impose."
  7 50    #32.  By striking page 12, line 18, through page
  8  1 13, line 10.
  8  2    #33.  Page 13, line 12, by striking the figure
  8  3 "2001" and inserting the following:  "2002".
  8  4    #34.  Page 13, lines 14 and 15, by striking the
  8  5 word and figures "February 10, 2002" and inserting the
  8  6 following:  "January 31, 2003".
  8  7    #35.  Page 13, line 18, by striking the word and
  8  8 figures "June 20, 2002" and inserting the following:
  8  9 "April 30, 2003".
  8 10    #36.  Page 13, line 21, by striking the figure
  8 11 "2002" and inserting the following:  "2003".
  8 12    #37.  By renumbering, relettering, and
  8 13 redesignating as necessary.  
  8 14 HF 681S
  8 15 jj/cc/26
     

Text: H08127                            Text: H08129
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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