HLS 12RS-1452 REENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 998 BY REPRESENTATIVE GIROD JACKSON LOCAL FINANCE: Provides relative to investments by political subdivisions AN ACT1 To amend and reenact R.S. 33:2955(A)(1)(j) and (k), relative to investments by political2 subdivisions; to provide relative to the power of municipalities, parishes, school3 boards, and other political subdivisions to invest their monies; to provide4 requirements relative to the investment of such monies; and to provide for related5 matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 33:2955(A)(1)(j) and (k) are hereby amended and reenacted to read8 as follows: 9 ยง2955. Investments by political subdivisions10 A.(1) All municipalities, parishes, school boards, and any other political11 subdivisions of the state are hereby authorized and directed to invest such monies in12 any general fund or special fund of the political subdivision, and any other funds13 under the control of the political subdivision which they, in their discretion, may14 determine to be available for investment in any of the following obligations:15 * * *16 (j) Bonds, debentures, notes, or other evidence of indebtedness issued by the17 state of Louisiana or any of its political subdivisions; however provided that all of18 the following conditions are met:19 (i) No political subdivision may purchase its own indebtedness.20 HLS 12RS-1452 REENGROSSED HB NO. 998 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (ii) The indebtedness shall have a minimum long-term investment grade1 rating of Baa3 or higher by Moody's Investor Service, a long-term rating of BBB-2 or higher by the Standard and Poor Poor's Corporation or a long-term rating of BBB-3 or higher by Fitch, Inc.and or a short-term rating of M1G1 or VM1G1 by Moody's4 Investment Service, a short-term rating of A-1 or A-1+ by Standard and Poor's, or5 a short-term rating of F1 or F1+ by Fitch, Inc.6 have (iii) The indebtedness has a final maturity, mandatory tender, or a7 continuing optional tender of no more than three years, except that such three year8 three-year limitation shall not apply to (aa) funds held by a trustee, escrow agent,9 paying agent, or other third party custodian in connection with a bond issue or (bb)10 investment of funds held by either a hospital service district, a governmental11 501(c)(3), or a public trust authority.12 (k) Bonds, debentures, notes, or other indebtedness issued by a state of the13 United States of America other than Louisiana or any such state's political14 subdivisions provided that all of the following conditions are met:15 (i) The indebtedness has shall have a long-term minimum rating of A3 or16 higher by Moody's Investors Service, or a long-term rating of A- or higher by the17 Standard and Poor Poor's Corporation or a long-term rating of A- or higher by Fitch,18 Inc. or a short-term rating of M1G1 or VM1G1 by Moody's Investor Service, a short-19 term rating of A-1 or A-1+ by Standard and Poor's, or a short-term rating of F1 or20 F1+ by Fitch, Inc.21 (ii) The indebtedness has a final maturity, mandatory tender, or a continuing22 optional tender of no more than three years, except that such three-year limitation23 shall not apply to funds held by a trustee, escrow agent, paying agent, or other third-24 party custodian in connection with a bond issue nor to investment of funds held by25 either a hospital service district, a governmental 501(c)(3) organization, or a public26 trust authority.27 (iii) Prior to purchase of any such indebtedness and at all times during which28 such indebtedness is owned, the purchasing Louisiana political subdivision retains29 HLS 12RS-1452 REENGROSSED HB NO. 998 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the services of an investment advisor registered with the United States Securities and1 Exchange Commission.2 * * *3 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Girod Jackson HB No. 998 Abstract: Provides relative to investments by political subdivisions. Present law provides that all municipalities, school boards, and any other political subdivisions of the state are authorized and directed to invest monies in any general fund or special fund of the political subdivision. Provides that the political subdivisions may invest in bonds, debentures, notes, or other evidence of indebtedness issued by the state of La. or any of its political subdivisions or of another state or any of its political subdivisions provided that several conditions are met. Such conditions include the following: Conditions on such investments include the investment ratings of such debt. Present law requires that any such debt have a rating of at least: Baa3 by Moody's Investor Service, BBB- by Standard and Poor's, or BBB- by Fitch, Inc. Proposed law retains these standards as applicable to long-term debt and additionally requires the following short-term ratings: M1G1 or VM1G1 by Moody's Investor Service, A-1 or A-1+ by Standard and Poor's, F1 or F1+ by Fitch, Inc. Present law provides as another condition on such investments that the indebtedness has a final maturity of no more than three years but provides exceptions from this requirement. Proposed law authorizes investments if the indebtedness has a final maturity, mandatory tender, or a continuing optional tender of no more than three years; retains the exceptions to this requirement. (Amends R.S. 33:2955(A)(1)(j) and (k)) Summary of Amendments Adopted by House House Floor Amendments to the engrossed bill. 1. With respect to conditions on investments, specifies that the optional tender applicable to the debt would be a continuing optional tender.