Connecticut 2013 Regular Session

Connecticut Senate Bill SB00827 Compare Versions

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1-General Assembly Substitute Bill No. 827
2-January Session, 2013 *_____SB00827BA____031413____*
1+General Assembly Raised Bill No. 827
2+January Session, 2013 LCO No. 2704
3+ *02704_______BA_*
4+Referred to Committee on BANKS
5+Introduced by:
6+(BA)
37
48 General Assembly
59
6-Substitute Bill No. 827
10+Raised Bill No. 827
711
812 January Session, 2013
913
10-*_____SB00827BA____031413____*
14+LCO No. 2704
15+
16+*02704_______BA_*
17+
18+Referred to Committee on BANKS
19+
20+Introduced by:
21+
22+(BA)
1123
1224 AN ACT CONCERNING PUBLIC DEPOSITS.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
16-Section 1. Subdivision (3) of section 36a-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
28+Section 1. Subdivision (3) of section 36a-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
1729
18-(3) "Eligible collateral" means [(A) United States treasury bills, notes and bonds, (B) United States government agency securities, (C) United States agency variable-rate securities, (D) mortgage pass-through or participation certificates or similar securities, (E) performing one-to-four-family residential mortgage loans that meet the following criteria: (i) The mortgage loan has a loan-to-value ratio which is less than or equal to eighty per cent for loans without private mortgage insurance, or a loan-to-value ratio which is less than or equal to ninety-five per cent for loans with private mortgage insurance; and (ii) the mortgage loan has a payment history of not more than one payment over thirty days in arrears during the past twelve consecutive months or, if the loan has a payment history of less than twelve months in duration, the loan meets the documentation requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; provided, in the case of a subsequent default under any such mortgage loan that continues uncured for more than sixty days, such loan shall no longer qualify as eligible collateral and shall be replaced by a performing mortgage loan that meets the criteria set forth in this subdivision, and (F) state and municipal bonds;] the following investments for which prices or values are quoted or readily available: (A) General obligations that are guaranteed fully as to principal and interest by the United States or this state or for which the full faith and credit of the United States or this state is pledged for the payment of principal and interest; (B) general obligations of any agency of the United States, including government sponsored enterprises, which are not guaranteed fully as to principal and interest by the United States or for which the full faith and credit of the United States is not pledged for the payment of principal and interest; (C) mortgage pass-through or participation certificates or similar securities that have been issued or guaranteed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation or Government National Mortgage Association; (D) general obligations of municipalities and states other than this state that are rated in the three highest rating categories by a rating agency recognized by the commissioner; and (E) revenue obligations for essential services, including education, transportation, emergency, water and sewer services of municipalities and states that are rated in the three highest rating categories by a rating agency recognized by the commissioner and that are determined to be a prudent investment by the governing board of the qualified public depository, by a management committee or board committee appointed by such governing board or by an officer appointed by such governing board, management committee or board committee;
30+(3) "Eligible collateral" means [(A) United States treasury bills, notes and bonds, (B) United States government agency securities, (C) United States agency variable-rate securities, (D) mortgage pass-through or participation certificates or similar securities, (E) performing one-to-four-family residential mortgage loans that meet the following criteria: (i) The mortgage loan has a loan-to-value ratio which is less than or equal to eighty per cent for loans without private mortgage insurance, or a loan-to-value ratio which is less than or equal to ninety-five per cent for loans with private mortgage insurance; and (ii) the mortgage loan has a payment history of not more than one payment over thirty days in arrears during the past twelve consecutive months or, if the loan has a payment history of less than twelve months in duration, the loan meets the documentation requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; provided, in the case of a subsequent default under any such mortgage loan that continues uncured for more than sixty days, such loan shall no longer qualify as eligible collateral and shall be replaced by a performing mortgage loan that meets the criteria set forth in this subdivision, and (F) state and municipal bonds] the following investments for which prices or values are quoted or readily available: (A) General obligations that are guaranteed fully as to principal and interest by the United States or this state or for which the full faith and credit of the United States or this state is pledged for the payment of principal and interest; (B) general obligations of any agency of the United States, including government sponsored enterprises, which are not guaranteed fully as to principal and interest by the United States or for which the full faith and credit of the United States is not pledged for the payment of principal and interest; (C) mortgage pass-through or participation certificates or similar securities that have been issued or guaranteed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation or Government National Mortgage Association; (D) general obligations of municipalities and states other than this state that are rated in the three highest rating categories by a rating agency recognized by the commissioner; and (E) revenue obligations for essential services, including education, transportation, emergency, water and sewer services of municipalities and states that are rated in the three highest rating categories by a rating agency recognized by the commissioner and that are determined to be a prudent investment by the governing board of the qualified public depository, by a management committee or board committee appointed by such governing board or by an officer appointed by such governing board, management committee or board committee;
1931
20-Sec. 2. Section 36a-333 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
32+Sec. 2. Section 36a-333 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
2133
22-[(a) To secure public deposits, each qualified public depository shall at all times maintain, segregated from its other assets as provided in subsection (b) of this section, eligible collateral in an amount at least equal to the following percentage of uninsured public deposits held by the depository: (1) For any qualified public depository having a risk-based capital ratio of ten per cent or greater, a sum equal to ten per cent of all uninsured public deposits held by the depository; (2) for any qualified public depository having a risk-based capital ratio of less than ten per cent but greater than or equal to eight per cent, a sum equal to twenty-five per cent of all uninsured public deposits held by the depository; (3) for any qualified public depository having a risk-based capital ratio of less than eight per cent but greater than or equal to three per cent, a sum equal to one hundred per cent of all uninsured public deposits held by the depository; (4) for any qualified public depository having a risk-based capital ratio of less than three per cent, and, notwithstanding the provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository which has been conducting business in this state for a period of less than two years except for a qualified public depository that is a successor institution to a qualified public depository which conducted business in this state for two years or more, a sum equal to one hundred twenty per cent of all uninsured public deposits held by the depository; provided, the qualified public depository and the public depositor may agree on an amount of eligible collateral to be maintained by the depository that is greater than the minimum amounts required under subdivisions (1) to (4), inclusive, of this subsection; (5) notwithstanding the risk-based capital ratio provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository that is an uninsured bank, a sum equal to one hundred twenty per cent of all public deposits held by the depository; and (6) notwithstanding the risk-based capital ratio provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository that is subject to an order to cease and desist, consent order or a preliminary warning letter, or has entered into a stipulation and agreement, memorandum of understanding or a letter of understanding and agreement with a bank or credit union supervisor, a sum equal to one hundred twenty per cent of all uninsured public deposits held by the depository, or, in the case of such a qualified public depository that satisfies the requirements of subsection (f) of this section, a sum equal to one hundred per cent of all uninsured public deposits held by the depository.]
23-
24-(a) (1) To secure public deposits, each qualified public depository that is not under a formal regulatory order shall at all times maintain, segregated from its other assets as provided in subsection (b) of this section, eligible collateral in an amount not less than twenty-five per cent of all uninsured public deposits held by the depository, provided if such depository: (A) Is a bank or out-of-state bank having a tier one leverage ratio of not less than six per cent and a risk-based capital ratio of not less than twelve per cent, or is a credit union or federal credit union having a net worth ratio of not less than eight per cent, the amount of eligible collateral shall be a sum not less than ten per cent of all uninsured deposits held by the depository; or (B) is a bank or out-of-state bank having a tier one leverage ratio of less than five per cent or a risk-based capital ratio of less than ten per cent, or is a credit union or federal credit union having a net worth ratio of less than seven per cent, the amount of eligible collateral shall be not less than a sum equal to one hundred ten per cent of all uninsured public deposits held by the depository.
34+(a) To secure public deposits, each qualified public depository that is not under a formal regulatory order shall at all times maintain, segregated from its other assets as provided in subsection (b) of this section, eligible collateral in an amount at least equal to the following percentage of all uninsured public deposits held by the depository: [(1)] (A) For any [qualified public] depository that is a bank or out-of-state bank having a tier one leverage ratio of six per cent or greater and a risk-based capital ratio of [ten] twelve per cent or greater, and for any depository that is a credit union or federal credit union having a net worth ratio of eight per cent or greater, a sum equal to ten per cent; [of all uninsured public deposits held by the depository; (2)] (B) for any [qualified public] depository that is a bank or out-of-state bank having a tier one leverage ratio of less than six per cent but greater than or equal to five per cent and a risk-based capital ratio of less than [ten] twelve per cent but greater than or equal to [eight] ten per cent, and for any depository that is a credit union or federal credit union having a net worth ratio of less than eight per cent but greater than or equal to seven per cent, a sum equal to twenty-five per cent; [of all uninsured public deposits held by the depository; (3)] (C) for any [qualified public] depository that is a bank or out-of-state bank having a tier one leverage ratio of less than five per cent and a risk-based capital ratio of less than [eight] ten per cent [but greater than or equal to three per cent] and for any depository that is a credit union or federal credit union having a net worth ratio of less than seven per cent, a sum equal to one hundred ten per cent. [of all uninsured public deposits held by the depository; (4) for any qualified public depository having a risk-based capital ratio of less than three per cent, and, notwithstanding the provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository which has been conducting business in this state for a period of less than two years except for a qualified public depository that is a successor institution to a qualified public depository which conducted business in this state for two years or more, a sum equal to one hundred twenty per cent of all uninsured public deposits held by the depository; provided, the qualified public depository and the public depositor may agree on an amount of eligible collateral to be maintained by the depository that is greater than the minimum amounts required under subdivisions (1) to (4), inclusive, of this subsection; (5) notwithstanding the risk-based capital ratio provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository that is an uninsured bank, a sum equal to one hundred twenty per cent of all public deposits held by the depository; and (6) notwithstanding the risk-based capital ratio provisions of subdivisions (1) to (3), inclusive, of this subsection, for any qualified public depository that is subject to an order to cease and desist, consent order or a preliminary warning letter, or has entered into a stipulation and agreement, memorandum of understanding or a letter of understanding and agreement with a bank or credit union supervisor, a sum equal to one hundred twenty per cent of all uninsured public deposits held by the depository, or, in the case of such a qualified public depository that satisfies the requirements of subsection (f) of this section, a sum equal to one hundred per cent of all uninsured public deposits held by the depository.]
2535
2636 (2) Notwithstanding the provisions of subdivisions (1) and (3) of this subsection, to secure public deposits, each qualified public depository that (A) has been conducting business in this state for a period of less than two years, except for a depository that is a successor institution to a depository which conducted business in this state for two years or more, or (B) is an uninsured bank, shall at all times maintain, segregated from its other assets as required under subsection (b) of this section, eligible collateral in an amount not less than one hundred twenty per cent of all uninsured public deposits held by the depository.
2737
28-(3) To secure public deposits, each qualified public depository that is under a formal regulatory order shall at all times maintain, segregated from its other assets as required under subsection (b) of this section, eligible collateral in an amount not less than one hundred ten per cent of all uninsured public deposits held by the depository. However, if such regulatory order is not related to capital, asset quality, earnings or liquidity, the depository notifies each of its public depositors of the issuance of such order and such depository is a bank or out-of-state bank having a tier one leverage ratio of not less than five per cent and risk-based capital ratio of not less than ten per cent or a credit union or federal credit union having a net worth ratio of not less than seven per cent, such depository may reduce the amount of eligible collateral it is required to maintain under this subdivision to an amount not less than seventy-five per cent of all uninsured public deposits held by the depository, provided if such depository is a bank or out-of-state bank having a tier one leverage ratio of not less than seven and one-half per cent and a risk-based capital ratio of not less than fourteen per cent or a credit union or federal credit union having a net worth ratio of not less than nine and one-half per cent, the amount of eligible collateral may be reduced to a sum not less than fifty per cent of all uninsured public deposits held by the depository.
38+(3) To secure public deposits, each qualified public depository that, on or after October 1, 2012, is under a formal regulatory order shall at all times maintain, segregated from its other assets as required under subsection (b) of this section, eligible collateral in an amount not less than one hundred ten per cent of all uninsured public deposits held by the depository. However, if such regulatory order is not related to capital, asset quality, earnings or liquidity and the depository notifies each of its public depositors of the issuance of such order, such depository may reduce the amount of eligible collateral it is required to maintain under this subdivision to an amount not less than the following percentage of all uninsured deposits held by the depository: (A) For a depository that is a bank or out-of-state bank having a tier one leverage ratio of seven and one-half per cent or greater and a risk-based capital ratio of fourteen per cent or greater and, for a depository that is a credit union or federal credit union having a net worth ratio of nine and one-half per cent or greater, a sum equal to fifty per cent, and (B) for a depository that is a bank or out-of-state bank having a tier one leverage ratio of less than seven and one-half per cent but greater than or equal to five per cent and risk-based capital ratio of less than fourteen per cent but equal to or greater than ten per cent and, for a depository that is a credit union or federal credit union having a net worth ratio of less than nine and one-half per cent but equal to or greater than seven per cent, a sum equal to seventy-five per cent.
2939
3040 (4) Notwithstanding the provisions of this subsection, the qualified public depository and the public depositor may agree on an amount of eligible collateral to be maintained by the depository that is greater than the minimum amounts required under [subdivisions (1) to (6), inclusive,] subdivision (1) or (3) of this subsection, as applicable. For purposes of this subsection, the amount of all uninsured public deposits held by the depository shall be determined at the close of business on the day of receipt of any public deposit and any deficiency in the amount of eligible collateral required under this section shall be cured not later than the close of business on the following business day. For purposes of this subsection, the depository's tier one leverage ratio and risk-based capital ratio or net worth ratio shall be determined, in accordance with applicable federal regulations and regulations adopted by the commissioner in accordance with chapter 54, based on the most recent quarterly call report, provided [(A)] if, during any calendar quarter after the issuance of such report, the depository experiences a decline in its tier one leverage ratio, risk-based capital ratio or net worth ratio to a level that would require the depository to maintain a higher amount of eligible collateral under [subdivisions (1) to (4), inclusive, or subdivision (6)] subdivision (1) or (3) of this subsection, the depository shall increase the amount of eligible collateral maintained by it to the minimum required under [subdivisions (1) to (4), inclusive, or subdivision (6)] subdivision (1) or (3) of this subsection, as applicable, based on such lower tier one leverage ratio, risk-based capital ratio or net worth ratio and shall notify the commissioner of its actions. [; and (B) if, during any calendar quarter after the issuance of such report, the commissioner reasonably determines that the depository's risk-based capital ratio is likely to decline to a level that would require the depository to maintain a higher amount of eligible collateral under subdivisions (1) to (4), inclusive, or subdivision (6) of this subsection, the commissioner may require that the depository increase the amount of eligible collateral maintained by it to the minimum required under subdivisions (1) to (4), inclusive, or subdivision (6) of this subsection, as applicable, based on the commissioner's determination of such lower risk-based capital ratio. For purposes of determining the minimum market value of the eligible collateral under subsection (e) of this section, a qualified public depository shall apply the collateral ratio using uninsured public deposits.] The commissioner may, at any time, require the depository to increase its eligible collateral to an amount greater than that required by subdivision (1) or (3) of this subsection, as applicable, up to a maximum amount of one hundred twenty per cent, if the commissioner reasonably determines that such increase is necessary for the protection of public deposits. If the commissioner determines that such increase in eligible collateral is no longer necessary for the protection of public deposits, the commissioner may allow the depository to adjust the amount downward, as the circumstances warrant, to an amount not less than the minimum amount required by subdivision (1) or (3) of this subsection, as applicable.
3141
3242 (5) For purposes of this subsection, "formal regulatory order" means a written agreement related to enforcement, including a letter of understanding or agreement or a written order, that a supervisory agency is required to publish or publishes on its web site, but does not include any written agreement or written order under which the sole obligation of the depository is to pay a civil money penalty, fine or restitution.
3343
3444 (b) Each qualified public depository that is a bank or out-of-state bank having a tier one leverage ratio of five per cent or greater or a risk-based capital ratio of [eight] ten per cent or greater shall transfer eligible collateral maintained under subsection (a) of this section to its own trust department, provided such trust department is located in this state unless the commissioner approves otherwise, to the trust department of another financial institution, provided such eligible collateral shall be maintained in such other financial institution's trust department located in this state unless the commissioner approves otherwise, or to a federal reserve bank or federal home loan bank. Each qualified public depository that is a bank or out-of-state bank having a tier one leverage ratio of less than five per cent or a risk-based capital ratio of less than [eight] ten per cent and each qualified public depository that is a credit union or federal credit union shall transfer eligible collateral maintained under subsection (a) of this section to the trust department of a financial institution that is not owned or controlled by the depository or by a holding company owning or controlling the depository, provided such eligible collateral shall be maintained in such other financial institution's trust department located in this state unless the commissioner approves otherwise, or to a federal reserve bank or federal home loan bank. Such transfers of eligible collateral shall be made in a manner prescribed by the commissioner. [Eligible collateral shall be valued at market value or as determined by the commissioner if market value is not readily determinable, and the] The qualified public depository shall determine and adjust the market value of such eligible collateral [shall be determined and adjusted on a quarterly] on a monthly basis. Without the requirement of any further action, the commissioner shall have, for the benefit of public depositors, a perfected security interest in all such eligible collateral held in such segregated trust accounts, granted pursuant to and in accordance with the terms of the agreement between the public depositor and the qualified public depository. Such security interest shall have priority over all other perfected security interests and liens. The commissioner may, at any time, require the depository to value the collateral more frequently than monthly if the commissioner reasonably determines that such valuation is necessary for the protection of public deposits. Each holder of eligible collateral shall file with the commissioner, at the end of each calendar quarter, a report with the CUSIP number, description and par value of each investment it holds as eligible collateral.
3545
3646 (c) The depository shall have the right to make substitutions of eligible collateral at any time without notice. The depository shall have the right to reduce the amount of eligible collateral maintained by it that is in excess of the amount required under subsection (a) of this section. [provided such reduction shall be determined based on the amount of all uninsured public deposits held by the depository and the depository's risk-based capital ratio as determined in accordance with said subsection (a). The depository shall provide written notice to its public depositors of any such reduction in the amount of eligible collateral maintained under subsection (a) of this section.]
3747
3848 [(d)] The income from the assets which constitute segregated eligible collateral shall belong to the depository without restriction.
3949
4050 [(e) Eligible collateral pledged to secure public deposits under subsection (a) of this section shall have a minimum market value as expressed in the following collateral ratios:
4151
4252
4353
4454
4555 T1 Collateral Ratio
4656 T2 Form of Eligible (Market value
4757 T3 Collateral Pledged divided by public
4858 T4 deposit plus
4959 T5 accrued interest)
5060 T6 1.United States Treasury bills, notes and bonds
5161 T7 A.Maturing in less than one year 102%
5262 T8 B.Maturing in one to five years 105%
5363 T9 C.Maturing in more than five years 110%
5464 T10 D.Zero-coupon treasury securities with
5565 T11 maturities exceeding ten years 120%
5666 T12 2.Actively traded United States government
5767 T13 agency securities
5868 T14 A.Maturing in less than one year 103%
5969 T15 B.Maturing in one to five years 107%
6070 T16 C.Maturing in more than five years 115%
6171 T17 3. United States government agency
6272 T18 variable rate securities 103%
6373 T19 4.Government National Mortgage Association
6474 T20 mortgage pass-through or participation
6575 T21 certificates or similar securities
6676 T22 A.Current issues 115%
6777 T23 B.Older issues 120%
6878 T24 C.Issues for which prices are not quoted 125%
6979 T25 5.Other United States government securities 125%
7080 T26 6.Other mortgage pass-through or participation
7181 T27 certificates or similar securities 125%
7282 T28 7.One-to-four family residential mortgages 125%
7383 T29 8.State and municipal bonds
7484 T30 A.General obligation bonds
7585 T31 i.Maturing in less than one year 102%
7686 T32 ii.Maturing in one to five years 107%
7787 T33 iii.Maturing in more than five years 110%
7888 T34 B.Revenue bonds
7989 T35 i.Maturing in less than one year 105-110%
8090 T36 ii.Maturing in one to five years 110-120%
8191 T37 iii.Maturing in more than five years 120-130%
8292
8393 T1
8494
8595 Collateral Ratio
8696
8797 T2
8898
8999 Form of Eligible
90100
91101 (Market value
92102
93103 T3
94104
95105 Collateral Pledged
96106
97107 divided by public
98108
99109 T4
100110
101111 deposit plus
102112
103113 T5
104114
105115 accrued interest)
106116
107117 T6
108118
109119 1.United States Treasury bills, notes and bonds
110120
111121 T7
112122
113123 A.Maturing in less than one year
114124
115125 102%
116126
117127 T8
118128
119129 B.Maturing in one to five years
120130
121131 105%
122132
123133 T9
124134
125135 C.Maturing in more than five years
126136
127137 110%
128138
129139 T10
130140
131141 D.Zero-coupon treasury securities with
132142
133143 T11
134144
135145 maturities exceeding ten years
136146
137147 120%
138148
139149 T12
140150
141151 2.Actively traded United States government
142152
143153 T13
144154
145155 agency securities
146156
147157 T14
148158
149159 A.Maturing in less than one year
150160
151161 103%
152162
153163 T15
154164
155165 B.Maturing in one to five years
156166
157167 107%
158168
159169 T16
160170
161171 C.Maturing in more than five years
162172
163173 115%
164174
165175 T17
166176
167177 3. United States government agency
168178
169179 T18
170180
171181 variable rate securities
172182
173183 103%
174184
175185 T19
176186
177187 4.Government National Mortgage Association
178188
179189 T20
180190
181191 mortgage pass-through or participation
182192
183193 T21
184194
185195 certificates or similar securities
186196
187197 T22
188198
189199 A.Current issues
190200
191201 115%
192202
193203 T23
194204
195205 B.Older issues
196206
197207 120%
198208
199209 T24
200210
201211 C.Issues for which prices are not quoted
202212
203213 125%
204214
205215 T25
206216
207217 5.Other United States government securities
208218
209219 125%
210220
211221 T26
212222
213223 6.Other mortgage pass-through or participation
214224
215225 T27
216226
217227 certificates or similar securities
218228
219229 125%
220230
221231 T28
222232
223233 7.One-to-four family residential mortgages
224234
225235 125%
226236
227237 T29
228238
229239 8.State and municipal bonds
230240
231241 T30
232242
233243 A.General obligation bonds
234244
235245 T31
236246
237247 i.Maturing in less than one year
238248
239249 102%
240250
241251 T32
242252
243253 ii.Maturing in one to five years
244254
245255 107%
246256
247257 T33
248258
249259 iii.Maturing in more than five years
250260
251261 110%
252262
253263 T34
254264
255265 B.Revenue bonds
256266
257267 T35
258268
259269 i.Maturing in less than one year
260270
261271 105-110%
262272
263273 T36
264274
265275 ii.Maturing in one to five years
266276
267277 110-120%
268278
269279 T37
270280
271281 iii.Maturing in more than five years
272282
273283 120-130%
274284
275285 (f) A qualified public depository that is subject to an order to cease and desist, consent order or a preliminary warning letter, or has entered into a stipulation and agreement, memorandum of understanding or a letter of understanding and agreement with a bank or credit union supervisor, may maintain eligible collateral in a sum equal to or greater than one hundred per cent of all uninsured public deposits held by the depository, provided (1) the depository has a risk-based capital ratio of twelve per cent or greater, and (2) the depository satisfies the following conditions, to the extent applicable: (A) The depository may not pledge eligible collateral in the form described in subsection (e)6. of this section, except for mortgage pass-through or participation certificates or similar securities that have been issued or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation and for which prices are quoted; (B) the depository may not pledge eligible collateral in the form described in subsection (e)4.C. of this section; (C) if the public depository pledges eligible collateral in the form described in subsection (e)7. of this section, the collateral ratio for such mortgages shall be one hundred fifty per cent; and (D) if the public depository pledges eligible collateral in the form described in subsection (e)8. of this section, such collateral shall be rated in the three highest rating categories by a rating service recognized by the commissioner. The depository may pledge any other eligible collateral that is not limited by subdivision (2) of this subsection.]
276286
277-Sec. 3. Section 36a-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
287+Sec. 3. Section 36a-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
278288
279289 On each call report date, each qualified public depository shall file with the commissioner a written report, certified under oath, indicating (1) the qualified public depository's tier one leverage ratio and risk-based capital ratio [and total capital] or net worth ratio, as determined in accordance with applicable federal regulations and regulations adopted by the commissioner in accordance with chapter 54, (2) the uninsured and total amount of public deposits held by the qualified public depository other than deposits that have been redeposited into the qualified public depository by another insured depository institution pursuant to a reciprocal deposit arrangement that makes such funds eligible for insurance coverage by the Federal Deposit Insurance Corporation or the National Credit Union Administration, (3) the [amount and nature] description and market value of any eligible collateral segregated and designated to secure the uninsured public deposits in accordance with sections 36a-330 to 36a-338, inclusive, as amended by this act, and (4) the amount and the name of the issuer of any letter of credit issued pursuant to section 36a-337. Each depository shall furnish a copy of its most recent report to any public depositor having public funds on deposit in the depository, upon request of the depositor. Any public depository which refuses or neglects to furnish any report or give any information as required by this section shall no longer be a qualified public depository and shall be excluded from the right to receive public deposits.
280290
281291
282292
283293
284294 This act shall take effect as follows and shall amend the following sections:
285-Section 1 from passage 36a-330(3)
286-Sec. 2 from passage 36a-333
287-Sec. 3 from passage 36a-338
295+Section 1 October 1, 2013 36a-330(3)
296+Sec. 2 October 1, 2013 36a-333
297+Sec. 3 October 1, 2013 36a-338
288298
289299 This act shall take effect as follows and shall amend the following sections:
290300
291301 Section 1
292302
293-from passage
303+October 1, 2013
294304
295305 36a-330(3)
296306
297307 Sec. 2
298308
299-from passage
309+October 1, 2013
300310
301311 36a-333
302312
303313 Sec. 3
304314
305-from passage
315+October 1, 2013
306316
307317 36a-338
308318
319+Statement of Purpose:
309320
321+To update public deposit laws.
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311-BA Joint Favorable Subst.
312-
313-BA
314-
315-Joint Favorable Subst.
323+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]