Bill Text: MN SF2255 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Metropolitan council additional investment authority authorization
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 292 [SF2255 Detail]
Download: Minnesota-2013-SF2255-Engrossed.html
1.2relating to deposits and investments of public funds; granting the Metropolitan
1.3Council additional investment authority; authorizing certain investments by a
1.4Minnesota joint powers investment trust; making certain conforming technical
1.5changes;amending Minnesota Statutes 2012, sections 118A.03, subdivision
1.65; 118A.04, subdivisions 7, 8; 118A.05, subdivision 4; 118A.07; 473.543,
1.7subdivision 3.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 118A.03, subdivision 5, is amended to read:
1.10 Subd. 5. Withdrawal of excess collateral. A financial institution may withdraw
1.11excess collateral or substitute other collateral after giving written notice to the
1.12governmental government entity and receiving confirmation. The authority to return any
1.13delivered and assigned collateral rests with the government entity.
1.14 Sec. 2. Minnesota Statutes 2012, section 118A.04, subdivision 7, is amended to read:
1.15 Subd. 7. Temporary general obligation bonds. Funds may be invested in general
1.16obligation temporary bonds of the samegovernmental government entity issued under
1.17section429.091, subdivision 7 ,
469.178, subdivision 5 , or
475.61, subdivision 6 .
1.18 Sec. 3. Minnesota Statutes 2012, section 118A.04, subdivision 8, is amended to read:
1.19 Subd. 8. Debt service funds. Funds held in a debt service fund may be used to
1.20purchase any obligation, whether general or special, of an issue which is payable from the
1.21fund, at such price, which may include a premium, as shall be agreed to by the holder, or
1.22may be used to redeem any obligation of such an issue prior to maturity in accordance
1.23with its terms. The securities representing any such investment may be sold by the
2.1governmental government entity at any time, but the money so received remains part of
2.2the fund until used for the purpose for which the fund was created. Any obligation held in
2.3a debt service fund from which it is payable may be canceled at any time unless otherwise
2.4provided in a resolution or other instrument securing obligations payable from the fund.
2.5 Sec. 4. Minnesota Statutes 2012, section 118A.05, subdivision 4, is amended to read:
2.6 Subd. 4. Minnesota joint powers investment trust. Government entities may enter
2.7into agreements or contracts for:
2.8(1) shares of a Minnesota joint powers investment trust whose investments are
2.9restricted to securities described in this sectionand, section
118A.04, and section 118A.07,
2.10subdivision 7 ;
2.11(2) units of a short-term investment fund established and administered pursuant to
2.12regulation 9 of the Office of the Comptroller of the Currency, in which investments are
2.13restricted to securities described in this section and section118A.04 ;
2.14(3) shares of an investment company which is registered under the Federal
2.15Investment Company Act of 1940 and which holds itself out as a money market fund
2.16meeting the conditions of rule 2a-7 of the Securities and Exchange Commission and is
2.17rated in one of the two highest rating categories for money market funds by at least one
2.18nationally recognized statistical rating organization; or
2.19(4) shares of an investment company which is registered under the Federal
2.20Investment Company Act of 1940, and whose shares are registered under the Federal
2.21Securities Act of 1933, as long as the investment company's fund receives the highest
2.22credit rating and is rated in one of the two highest risk rating categories by at least one
2.23nationally recognized statistical rating organization and is invested in financial instruments
2.24with a final maturity no longer than 13 months.
2.25 Sec. 5. Minnesota Statutes 2012, section 118A.07, is amended to read:
2.26118A.07 ADDITIONAL INVESTMENT AUTHORITY.
2.27 Subdivision 1. Authority provided. As used in this section, "governmental entity"
2.28means a city with a population in excess of 200,000or, a county that contains a city of
2.29that size, or the Metropolitan Council. If a governmental entity meets the requirements of
2.30subdivisions 2 and 3, it may exercise additional investment authority under subdivisions 4,
2.315, and 6.
2.32 Subd. 2. Written policies and procedures. Prior to exercising any additional
2.33authority under subdivisions 4, 5, and 6, the governmental entity must have written
2.34investment policies and procedures governing the following:
3.1(1) the use of or limitation on mutual bond funds or other securities authorized or
3.2permitted investments under law;
3.3(2) specifications for and limitations on the use of derivatives;
3.4(3) the final maturity of any individual security;
3.5(4) the maximum average weighted life of the portfolio;
3.6(5) the use of and limitations on reverse repurchase agreements;
3.7(6) credit standards for financial institutions with which thegovernment
3.8 governmental entity deals; and
3.9(7) credit standards for investments made by thegovernment governmental entity.
3.10 Subd. 3. Oversight process. Prior to exercising any authority under subdivisions 4,
3.115, and 6, the governmental entity must establish an oversight process that provides for
3.12review of thegovernment governmental entity's investment strategy and the composition
3.13of the financial portfolio. This process shall include one or more of the following:
3.14(1) audit reviews;
3.15(2) internal or external investment committee reviews; and
3.16(3) internal management control.
3.17Additionally, the governing body of the governmental entity must, by resolution,
3.18authorize its treasurer to utilize the additional authorities under this section within
3.19their prescribed limits, and in conformance with the written limitations, policies, and
3.20procedures of the governmental entity.
3.21If the governing body of a governmental entity exercises the authority provided in
3.22this section, the treasurer of the governmental entity must annually report to the governing
3.23body on the findings of the oversight process required under this subdivision. If the
3.24governing body intends to continue to exercise the authority provided in this section for the
3.25following calendar year, it must adopt a resolution affirming that intention by December 1.
3.26 Subd. 4. Repurchase agreements. Agovernment governmental entity may enter
3.27into repurchase agreements as authorized under section118A.05 , provided that the
3.28exclusion of mortgage-backed securities defined as "high-risk mortgage-backed securities"
3.29under section118A.04, subdivision 6 , shall not apply to repurchase agreements under this
3.30authority if the margin requirement is 101 percent or more.
3.31 Subd. 5. Reverse repurchase agreements. Notwithstanding the limitations
3.32contained in section118A.05, subdivision 2 , the county governmental entity may enter
3.33into reverse repurchase agreements to:
3.34(1) meet cash flow needs; or
3.35(2) generate cash for investments, provided that the total securities owned shall be
3.36limited to an amount not to exceed 130 percent of the annual daily average of general
4.1investable monies for the fiscal year as disclosed in the most recently available audited
4.2financial report. Excluded from this limit are:
4.3(i) securities with maturities of one year or less; and
4.4(ii) securities that have been reversed to maturity.
4.5There shall be no limit on the term of a reverse repurchase agreement. Reverse
4.6repurchase agreements shall not be included in computing the net debt of the governmental
4.7entity, and may be made without an election or public sale, and the interest payable
4.8thereon shall not be subject to the limitation in section475.55 . The interest shall not be
4.9deducted or excluded from gross income of the recipient for the purpose of state income,
4.10corporate franchise, or bank excise taxes, or if so provided by federal law, for the purpose
4.11of federal income tax.
4.12 Subd. 6. Options and futures. Agovernment governmental entity may enter
4.13into futures contracts, options on futures contracts, and option agreements to buy or sell
4.14securities authorized under law as legal investments forcounties governmental entities,
4.15but only with respect to securities owned by the governmental entity, including securities
4.16that are the subject of reverse repurchase agreements under this section that expire at or
4.17before the due date of the option agreement.
4.18 Subd. 7. Negotiable certificates of deposit. A Minnesota joint powers investment
4.19trust may invest funds in negotiable certificates of deposit or other evidences of deposit,
4.20with a remaining maturity of three years or less, issued by a nationally or state-chartered
4.21bank, a federal or state savings and loan association, or a state-licensed branch of a foreign
4.22bank, except that for obligations with a maturity of one year or less, the debt obligations of
4.23the issuing institution or its parent are rated in the top short-term rating category by at
4.24least two nationally recognized statistical ratings organizations and for obligations with
4.25a maturity in excess of one year, the senior debt obligations of the issuing institution
4.26or its parent are rated at least A or its equivalent by at least two nationally recognized
4.27statistical ratings organizations. Investments in these instruments shall not be subject to
4.28the collateralization requirements of section 118A.03.
4.29 Sec. 6. Minnesota Statutes 2012, section 473.543, subdivision 3, is amended to read:
4.30 Subd. 3. Where to deposit; how to invest. The moneys on hand in said funds
4.31and accounts may be deposited in the official depositories of the council or invested as
4.32hereinafter provided. The amount thereof not currently needed or required by law to be
4.33kept in cash on deposit may be invested in obligations authorized for the investment of
4.34public funds bysection
118A.04
4.35certificates of deposit issued by any official depository of the council.
5.1 Sec. 7. APPLICATION.
5.2Section 6 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.3Scott, and Washington.
1.3Council additional investment authority; authorizing certain investments by a
1.4Minnesota joint powers investment trust; making certain conforming technical
1.5changes;amending Minnesota Statutes 2012, sections 118A.03, subdivision
1.65; 118A.04, subdivisions 7, 8; 118A.05, subdivision 4; 118A.07; 473.543,
1.7subdivision 3.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 118A.03, subdivision 5, is amended to read:
1.10 Subd. 5. Withdrawal of excess collateral. A financial institution may withdraw
1.11excess collateral or substitute other collateral after giving written notice to the
1.12
1.13delivered and assigned collateral rests with the government entity.
1.14 Sec. 2. Minnesota Statutes 2012, section 118A.04, subdivision 7, is amended to read:
1.15 Subd. 7. Temporary general obligation bonds. Funds may be invested in general
1.16obligation temporary bonds of the same
1.17section
1.18 Sec. 3. Minnesota Statutes 2012, section 118A.04, subdivision 8, is amended to read:
1.19 Subd. 8. Debt service funds. Funds held in a debt service fund may be used to
1.20purchase any obligation, whether general or special, of an issue which is payable from the
1.21fund, at such price, which may include a premium, as shall be agreed to by the holder, or
1.22may be used to redeem any obligation of such an issue prior to maturity in accordance
1.23with its terms. The securities representing any such investment may be sold by the
2.1
2.2the fund until used for the purpose for which the fund was created. Any obligation held in
2.3a debt service fund from which it is payable may be canceled at any time unless otherwise
2.4provided in a resolution or other instrument securing obligations payable from the fund.
2.5 Sec. 4. Minnesota Statutes 2012, section 118A.05, subdivision 4, is amended to read:
2.6 Subd. 4. Minnesota joint powers investment trust. Government entities may enter
2.7into agreements or contracts for:
2.8(1) shares of a Minnesota joint powers investment trust whose investments are
2.9restricted to securities described in this section
2.10subdivision 7
2.11(2) units of a short-term investment fund established and administered pursuant to
2.12regulation 9 of the Office of the Comptroller of the Currency, in which investments are
2.13restricted to securities described in this section and section
2.14(3) shares of an investment company which is registered under the Federal
2.15Investment Company Act of 1940 and which holds itself out as a money market fund
2.16meeting the conditions of rule 2a-7 of the Securities and Exchange Commission and is
2.17rated in one of the two highest rating categories for money market funds by at least one
2.18nationally recognized statistical rating organization; or
2.19(4) shares of an investment company which is registered under the Federal
2.20Investment Company Act of 1940, and whose shares are registered under the Federal
2.21Securities Act of 1933, as long as the investment company's fund receives the highest
2.22credit rating and is rated in one of the two highest risk rating categories by at least one
2.23nationally recognized statistical rating organization and is invested in financial instruments
2.24with a final maturity no longer than 13 months.
2.25 Sec. 5. Minnesota Statutes 2012, section 118A.07, is amended to read:
2.26118A.07 ADDITIONAL INVESTMENT AUTHORITY.
2.27 Subdivision 1. Authority provided. As used in this section, "governmental entity"
2.28means a city with a population in excess of 200,000
2.29that size, or the Metropolitan Council. If a governmental entity meets the requirements of
2.30subdivisions 2 and 3, it may exercise additional investment authority under subdivisions 4,
2.315, and 6.
2.32 Subd. 2. Written policies and procedures. Prior to exercising any additional
2.33authority under subdivisions 4, 5, and 6, the governmental entity must have written
2.34investment policies and procedures governing the following:
3.1(1) the use of or limitation on mutual bond funds or other securities authorized or
3.2permitted investments under law;
3.3(2) specifications for and limitations on the use of derivatives;
3.4(3) the final maturity of any individual security;
3.5(4) the maximum average weighted life of the portfolio;
3.6(5) the use of and limitations on reverse repurchase agreements;
3.7(6) credit standards for financial institutions with which the
3.8 governmental entity deals; and
3.9(7) credit standards for investments made by the
3.10 Subd. 3. Oversight process. Prior to exercising any authority under subdivisions 4,
3.115, and 6, the governmental entity must establish an oversight process that provides for
3.12review of the
3.13of the financial portfolio. This process shall include one or more of the following:
3.14(1) audit reviews;
3.15(2) internal or external investment committee reviews; and
3.16(3) internal management control.
3.17Additionally, the governing body of the governmental entity must, by resolution,
3.18authorize its treasurer to utilize the additional authorities under this section within
3.19their prescribed limits, and in conformance with the written limitations, policies, and
3.20procedures of the governmental entity.
3.21If the governing body of a governmental entity exercises the authority provided in
3.22this section, the treasurer of the governmental entity must annually report to the governing
3.23body on the findings of the oversight process required under this subdivision. If the
3.24governing body intends to continue to exercise the authority provided in this section for the
3.25following calendar year, it must adopt a resolution affirming that intention by December 1.
3.26 Subd. 4. Repurchase agreements. A
3.27into repurchase agreements as authorized under section
3.28exclusion of mortgage-backed securities defined as "high-risk mortgage-backed securities"
3.29under section
3.30authority if the margin requirement is 101 percent or more.
3.31 Subd. 5. Reverse repurchase agreements. Notwithstanding the limitations
3.32contained in section
3.33into reverse repurchase agreements to:
3.34(1) meet cash flow needs; or
3.35(2) generate cash for investments, provided that the total securities owned shall be
3.36limited to an amount not to exceed 130 percent of the annual daily average of general
4.1investable monies for the fiscal year as disclosed in the most recently available audited
4.2financial report. Excluded from this limit are:
4.3(i) securities with maturities of one year or less; and
4.4(ii) securities that have been reversed to maturity.
4.5There shall be no limit on the term of a reverse repurchase agreement. Reverse
4.6repurchase agreements shall not be included in computing the net debt of the governmental
4.7entity, and may be made without an election or public sale, and the interest payable
4.8thereon shall not be subject to the limitation in section
4.9deducted or excluded from gross income of the recipient for the purpose of state income,
4.10corporate franchise, or bank excise taxes, or if so provided by federal law, for the purpose
4.11of federal income tax.
4.12 Subd. 6. Options and futures. A
4.13into futures contracts, options on futures contracts, and option agreements to buy or sell
4.14securities authorized under law as legal investments for
4.15but only with respect to securities owned by the governmental entity, including securities
4.16that are the subject of reverse repurchase agreements under this section that expire at or
4.17before the due date of the option agreement.
4.18 Subd. 7. Negotiable certificates of deposit. A Minnesota joint powers investment
4.19trust may invest funds in negotiable certificates of deposit or other evidences of deposit,
4.20with a remaining maturity of three years or less, issued by a nationally or state-chartered
4.21bank, a federal or state savings and loan association, or a state-licensed branch of a foreign
4.22bank, except that for obligations with a maturity of one year or less, the debt obligations of
4.23the issuing institution or its parent are rated in the top short-term rating category by at
4.24least two nationally recognized statistical ratings organizations and for obligations with
4.25a maturity in excess of one year, the senior debt obligations of the issuing institution
4.26or its parent are rated at least A or its equivalent by at least two nationally recognized
4.27statistical ratings organizations. Investments in these instruments shall not be subject to
4.28the collateralization requirements of section 118A.03.
4.29 Sec. 6. Minnesota Statutes 2012, section 473.543, subdivision 3, is amended to read:
4.30 Subd. 3. Where to deposit; how to invest. The moneys on hand in said funds
4.31and accounts may be deposited in the official depositories of the council or invested as
4.32hereinafter provided. The amount thereof not currently needed or required by law to be
4.33kept in cash on deposit may be invested in obligations authorized for the investment of
4.34public funds by
4.35certificates of deposit issued by any official depository of the council.
5.1 Sec. 7. APPLICATION.
5.2Section 6 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.3Scott, and Washington.
