HF 2118

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; clarifying certain 
  1.3             collateralization requirements; defining "banking day" 
  1.4             for certain purposes; amending Minnesota Statutes 
  1.5             2002, sections 118A.01, by adding a subdivision; 
  1.6             118A.03, subdivision 1; Minnesota Statutes 2003 
  1.7             Supplement, section 118A.03, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 118A.01, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [BANKING DAY.] "Banking day" has the meaning 
  1.12  given in Federal Reserve Board Regulation CC, Code of Federal 
  1.13  Regulations, title 12, section 229.2(f), and incorporates a 
  1.14  financial institution's cutoff hour established under section 
  1.15  336.4-108.  
  1.16     Sec. 2.  Minnesota Statutes 2002, section 118A.03, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [FOR DEPOSITS BEYOND INSURANCE.] To the 
  1.19  extent that funds deposited are in excess of on deposit at the 
  1.20  close of the financial institution's banking day exceed 
  1.21  available federal deposit insurance, the government entity shall 
  1.22  require the financial institution to furnish collateral security 
  1.23  or a corporate surety bond executed by a company authorized to 
  1.24  do business in the state. 
  1.25     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  1.26  118A.03, subdivision 3, is amended to read: 
  2.1      Subd. 3.  [AMOUNT.] The total amount of the collateral 
  2.2   computed at its market value shall be at least ten percent more 
  2.3   than the amount on deposit plus accrued interest at the close of 
  2.4   the business financial institution's banking day, except that 
  2.5   where the collateral is irrevocable standby letters of credit 
  2.6   issued by Federal Home Loan Banks, the amount of collateral 
  2.7   shall be at least equal to the amount on deposit plus accrued 
  2.8   interest at the close of the business financial institution's 
  2.9   banking day.  The financial institution may furnish both a 
  2.10  surety bond and collateral aggregating the required amount. 
  2.11     Sec. 4.  [EFFECTIVE DATE.] 
  2.12     Sections 1 to 3 are effective retroactively from the 
  2.13  beginning of a government entity's fiscal year 2003 and apply to 
  2.14  each fiscal year thereafter.