Bill Text: CA AB2274 | 2013-2014 | Regular Session | Chaptered
Bill Title: The California Debt and Investment Advisory Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-23 - Chaptered by Secretary of State - Chapter 181, Statutes of 2014. [AB2274 Detail]
Download: California-2013-AB2274-Chaptered.html
BILL NUMBER: AB 2274 CHAPTERED
BILL TEXT
CHAPTER 181
FILED WITH SECRETARY OF STATE JULY 23, 2014
APPROVED BY GOVERNOR JULY 23, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY MAY 15, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
INTRODUCED BY Assembly Member Gordon
FEBRUARY 21, 2014
An act to amend Sections 8855 and 8856 of the Government Code,
relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2274, Gordon. The California Debt and Investment Advisory
Commission.
Existing law establishes the California Debt and Investment
Advisory Commission to, among other things, maintain contact with
state and municipal bond issuers, underwriters, investors, and credit
rating agencies to improve the market for state and local government
debt issues, and assist state and local governments to prepare,
market, and sell its new debt issues. Existing law authorizes the
commission to charge a fee to a lead underwriter or purchaser, as
specified, with the funds collected to be used, upon appropriation,
for the expenses of the commission and the Treasurer.
This bill would modify the reporting and notice requirements an
issuer of debt is required to make to the commission before a
proposed sale of debt issue and after a sale of debt issue. This bill
would also expand the commission's authorization to charge fees
relating to the principal amount of a debt issue to include also
charging a fee to a lender, and would remove the authority of the
commission to borrow moneys required for the purpose of meeting
necessary expenses of the commission. This bill would also make
technical, nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8855 of the Government Code is amended to read:
8855. (a) There is created the California Debt and Investment
Advisory Commission, consisting of nine members, selected as follows:
(1) The Treasurer, or his or her designee.
(2) The Governor or the Director of Finance.
(3) The Controller, or his or her designee.
(4) Two local government finance officers appointed by the
Treasurer, one each from among persons employed by a county and by a
city or a city and county of this state, experienced in the issuance
and sale of municipal bonds and nominated by associations affiliated
with these agencies.
(5) Two Members of the Assembly appointed by the Speaker of the
Assembly.
(6) Two Members of the Senate appointed by the Senate Committee on
Rules.
(b) (1) The term of office of an appointed member is four years,
but appointed members serve at the pleasure of the appointing power.
In case of a vacancy for any cause, the appointing power shall make
an appointment to become effective immediately for the unexpired
term.
(2) Any legislators appointed to the commission shall meet with
and participate in the activities of the commission to the extent
that the participation is not incompatible with their respective
positions as Members of the Legislature. For purposes of this
chapter, the Members of the Legislature shall constitute a joint
interim legislative committee on the subject of this chapter.
(c) The Treasurer shall serve as chairperson of the commission and
shall preside at meetings of the commission.
(d) Appointed members of the commission shall not receive a
salary, but shall be entitled to a per diem allowance of fifty
dollars ($50) for each day's attendance at a meeting of the
commission not to exceed three hundred dollars ($300) in any month,
and reimbursement for expenses incurred in the performance of their
duties under this chapter, including travel and other necessary
expenses.
(e) The commission may adopt bylaws for the regulation of its
affairs and the conduct of its business.
(f) The commission shall meet on the call of the chairperson, at
the request of a majority of the members, or at the request of the
Governor. A majority of all nonlegislative members of the commission
constitutes a quorum for the transaction of business.
(g) The office of the Treasurer shall furnish all administrative
assistance required by the commission.
(h) The commission shall do all of the following:
(1) Assist all state financing authorities and commissions in
carrying out their responsibilities as prescribed by law, including
assistance with respect to federal legislation pending in Congress.
(2) Upon request of any state or local government units, to assist
them in the planning, preparation, marketing, and sale of debt
issues to reduce cost and to assist in protecting the issuer's
credit.
(3) Collect, maintain, and provide comprehensive information on
all state and all local debt authorization and issuance, and serve as
a statistical clearinghouse for all state and local debt issues.
This information shall be readily available upon request by any
public official or any member of the public.
(4) Maintain contact with state and municipal bond issuers,
underwriters, credit rating agencies, investors, and others to
improve the market for state and local government debt issues.
(5) Undertake or commission studies on methods to reduce the costs
and improve credit ratings of state and local issues.
(6) Recommend changes in state laws and local practices to improve
the sale and servicing of state and local debts.
(7) Establish a continuing education program for local officials
having direct or supervisory responsibility over municipal
investments and debt issuance. The commission shall undertake these
and any other activities necessary to disclose investment and debt
issuance practices and strategies that may be conducive for oversight
purposes.
(8) Collect, maintain, and provide information on local agency
investments of public funds for local agency investment.
(9) Publish a monthly newsletter describing and evaluating the
operations of the commission during the preceding month.
(i) The issuer of any proposed debt issue of state or local
government shall, no later than 30 days prior to the sale of any debt
issue, submit a report of the proposed issuance to the commission by
any method approved by the commission. This subdivision shall also
apply to any nonprofit public benefit corporation incorporated for
the purpose of acquiring student loans. The commission may require
information to be submitted in the report of proposed debt issuance
that it considers appropriate. Failure to submit the report shall not
affect the validity of the sale.
(j) The issuer of any debt issue of state or local government, not
later than 21 days after the sale of the debt, shall submit a report
of final sale to the commission by any method approved by the
commission. A copy of the final official statement for the issue
shall accompany the report of final sale. If there is no official
statement, the issuer shall provide each of the following documents,
if they exist, along with the report of final sale:
(1) Other disclosure document.
(2) Indenture.
(3) Installment sales agreement.
(4) Loan agreement.
(5) Promissory note.
(6) Bond purchase contract.
(7) Resolution authorizing the issue.
(8) Bond specimen.
The commission may require information to be submitted in the
report of final sale that it considers appropriate. The issuer may
redact confidential information contained in the documents if the
redacted information is not information that is otherwise required to
be reported to the commission.
SEC. 2. Section 8856 of the Government Code is amended to read:
8856. In carrying out the purposes of this chapter, the
commission may charge fees to the lead underwriter, the purchaser, or
the lender in an amount equal to one-fortieth of 1 percent of the
principal amount of the issue, but not to exceed five thousand
dollars ($5,000) for any one issue. Amounts received under this
section shall be deposited in the California Debt and Investment
Advisory Commission Fund, which is hereby created in the State
Treasury. All money in the fund shall be available, when
appropriated, for expenses of the commission and the Treasurer.
