House File 290 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to linked investments by providing for loans to
  2    borrowers in disaster areas.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1037YH 83
  5 tw/rj/14

PAG LIN



  1  1    Section 1.  Section 12.32, subsection 3, Code 2009, is
  1  2 amended to read as follows:
  1  3    3.  "Linked investment" means a certificate of deposit
  1  4 issued pursuant to this section and sections 12.34 through
  1  5 12.43 to the treasurer of state by an eligible lending
  1  6 institution, at an interest rate not more than three percent
  1  7 below current market rate on the condition that the
  1  8 institution agrees to lend the value of the deposit, according
  1  9 to the investment agreement provided in section 12.35, to an
  1 10 eligible borrower at a rate not to exceed four percent above
  1 11 the rate paid on the certificate of deposit, or, if the
  1 12 borrower is located in an area declared a disaster area by the
  1 13 governor pursuant to section 29C.6 or by any federal official,
  1 14 at a rate not to exceed two percent above the rate paid on the
  1 15 certificate of deposit.  The treasurer of state shall
  1 16 determine and make available the current market rate which
  1 17 shall be used each month.
  1 18    Sec. 2.  Section 12.36, subsection 2, Code 2009, is amended
  1 19 to read as follows:
  1 20    2.  Upon acceptance of the linked investment loan package
  1 21 or any portion of the package, the treasurer of state shall
  1 22 deposit funds with the eligible lending institution and the
  1 23 eligible lending institution shall issue to the treasurer of
  1 24 state one or more certificates of deposit with interest at a
  1 25 rate determined pursuant to section 12.32, subsection 3.  The
  1 26 treasurer of state shall not deposit funds with an eligible
  1 27 lending institution pursuant to sections 12.32, 12.34, 12.35,
  1 28 this section, and sections 12.37 through 12.43, unless the
  1 29 certificate of deposit earns a rate of interest of at least
  1 30 one percent, except that if the borrower is located in an area
  1 31 declared a disaster area by the governor pursuant to section
  1 32 29C.6 or by any federal official, the certificate of deposit
  1 33 may earn a rate of interest of less than one percent.
  1 34 Interest earned on the certificate of deposit and principal
  1 35 not renewed shall be remitted to the treasurer of state at the
  2  1 time the certificate of deposit matures.  Interest from the
  2  2 linked investments for tomorrow program shall be considered
  2  3 earnings of the general fund of the state.  Certificates of
  2  4 deposit issued pursuant to sections 12.32, 12.34, 12.35, this
  2  5 section, and sections 12.37 through 12.43 are not subject to a
  2  6 penalty for early withdrawal.
  2  7    Sec. 3.  Section 12.37, subsection 1, Code 2009, is amended
  2  8 to read as follows:
  2  9    1.  Upon the placement of a linked investment with an
  2 10 eligible lending institution, the institution is required to
  2 11 lend the funds to the eligible borrower listed in the linked
  2 12 investment loan package and in accordance with the investment
  2 13 agreement.  The loan shall be at a rate not more than four
  2 14 percent above the rate paid the treasurer by the financial
  2 15 institution determined pursuant to section 12.32, subsection
  2 16 3.  The eligible lending institution shall be required to
  2 17 submit a certification of compliance with this section in the
  2 18 form and manner as prescribed by the treasurer of state.
  2 19                           EXPLANATION
  2 20    This bill adjusts the interest rates on certificates of
  2 21 deposits and the related loans issued to borrowers under the
  2 22 linked investments program when those borrowers are located in
  2 23 a declared disaster area.
  2 24    The linked investments program allows the treasurer of
  2 25 state to invest the lesser of $108 million or 25 percent of
  2 26 the balance of the state pooled money fund in certificates of
  2 27 deposit in eligible lending institutions.  The money deposited
  2 28 by the state is then lent to eligible borrowers at an interest
  2 29 rate which, under current law, can be no more than 4
  2 30 percentage points above the rate paid to the treasurer of
  2 31 state on the certificate of deposit.  Current law also
  2 32 requires the treasurer of state to receive an interest rate of
  2 33 at least 1 percent on the certificate of deposit.
  2 34    The bill adjusts the interest rates on the certificates of
  2 35 deposit and the loans for a borrower located in a disaster
  3  1 area.  The treasurer of state can receive less than 1 percent
  3  2 interest on a certificate of deposit and the lending
  3  3 institution cannot issue a loan at a rate more than 2
  3  4 percentage points above the interest rate paid to the
  3  5 treasurer of state on the certificate of deposit.
  3  6 LSB 1037YH 83
  3  7 tw/rj/14