Revision: Jan. 23, 2012, midnight
HB 1691-FN – AS INTRODUCED
2012 SESSION
08/09
HOUSE BILL 1691-FN
AN ACT establishing a state bank.
SPONSORS: Rep. L. Christiansen, Hills 27; Rep. Weyler, Rock 8; Rep. Marshall Quandt, Rock 13
COMMITTEE: Commerce and Consumer Affairs
This bill establishes a state bank.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2285
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT establishing a state bank.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; New Hampshire Economic Development Bank. Amend RSA by inserting after chapter 389-A the following new chapter:
CHAPTER 389-B
NEW HAMPSHIRE ECONOMIC DEVELOPMENT BANK
389-B:1 Definitions. In this chapter:
I. “Advisory committee” means the New Hampshire economic development bank advisory committee established in RSA 389-B:4.
II. “Bank” means the New Hampshire economic development bank established under this chapter.
III. “Board” means the board of directors for the New Hampshire economic development bank established in RSA 389-B:2.
IV. “Public funds” means funds under the control or in the custody of a public official by virtue of office.
389-B-2 Board; Duties and Powers.
I. The board of directors for the New Hampshire economic development bank is established and shall consist of 5 voting members appointed by the governor, subject to approval by the general court. The state treasurer and the banking commissioner shall serve as ex officio nonvoting members of the board. The board shall oversee the operation, management, and control of the bank in accordance with this chapter. The board shall designate one of its members as chair and shall determine the location of the bank and maintain places of business of the bank.
II. The board shall establish the frequency of regular board meetings in bylaws and public notice requirements for meetings through rulemaking under RSA 389-B:7. A special meeting may be called at any time upon notice by the governor, or by 3 members of the board. Three voting members constitute a quorum and may transact business and exercise all rights, duties, and powers of the board.
III. The board shall appoint a person with extensive experience in banking as the president of the bank. The board may appoint and employ any subordinate officers, employees, and agents that the board considers necessary and shall define the duties, designate the titles, and fix the compensation of those positions.
IV. The board may designate the president or another officer or employee as its agent with respect to the functions of the bank, subject to the supervision, limitation, and control of the board. The board may remove and discharge any person appointed and employed under this chapter.
V. Board members serve without compensation, except that members may be reimbursed for travel expenses associated with their duties under this chapter.
389-B:3 Advisory Committee.
I. The board shall appoint the New Hampshire economic development bank advisory committee to actively enlist the help of private enterprise and encourage use of the bank. The advisory committee shall consist of 7 members and shall include representatives of the state’s financial, business, agricultural, and labor sectors and at least 2 officers of state-chartered financial institutions that do not maintain offices outside the state.
II. The board shall appoint a chair, vice-chair, and secretary for the advisory committee from the members of the advisory committee.
III. Advisory committee members shall serve a term of office of 4 years, except as provided by law for initial appointments. Initial appointments for the New Hampshire economic development bank advisory committee shall be for staggered terms. The first 2 members shall be appointed for one-year terms, the second 2 members shall be appointed for 2-year terms, the third 2 members shall be appointed for 3-year terms, and the remaining members shall be appointed for 4-year terms.
IV. The advisory committee shall:
(a) Meet regularly with the board to review and make recommendations concerning the bank’s operations, finances, and loan practices;
(b) Make recommendations to the board for improving management performance, customer service, and internal methods, procedures, and operating policies of the bank;
(c) Make recommendations to the board relating to the establishment of additional objectives for the operation of the bank;
(d) Make recommendations to the board concerning the appointment of officers of the bank; and
(e) Participate on loan committees.
V. Advisory committee members serve without compensation except that members may be reimbursed for travel expenses associated with their duties under this chapter.
389-B:4 Deposit of Funds.
I. The bank may accept deposits of public funds. Except as provided in RSA 389-B:5, the bank may not accept deposits of private funds. All income earned by the bank on public funds shall be credited to and shall become a part of the revenues and income of the bank.
II. The bank shall pay interest on public deposits at a rate comparable to rates paid by private depositories of public funds and may offer other financial products to the state treasurer on a competitive basis.
III. Funds may also be appropriated from the general fund to allow the bank to fulfill its duties under this chapter.
389-B:5 Powers of the Bank.
I. The bank may:
(a) Make, purchase, guarantee, modify, or hold loans:
(1) To state-chartered financial institutions;
(2) That are insured or guaranteed in whole or in part by the United States or its agencies or instrumentalities;
(3) Obtained as security pledged for, or originated in the restructuring of, any other loan properly originated or participated in by the bank; and
(4) To instrumentalities of this state; and
(b) Purchase, guarantee, modify, or hold loans originated by financial institutions authorized to do business in this state.
(c) Purchase participation interests in loans made or held by banks, bank holding companies, state-chartered or federally chartered financial institutions, any other financial institutions, or any other entity that provides financial services and that meets underwriting standards that are generally accepted by state or federal financial regulatory agencies; and
(d) Make loans in the form of participation loans to qualified persons residing in or doing business in this state when the originator of the loan is a private financial institution.
II. The bank shall not make loans to any private individual or legal entity.
III. The bank shall invest its funds in conformity with policies of the board and the investment standards in RSA 6:8, RSA 387:6, RSA 387:6-a, and RSA 387:14.
IV. The bank may buy and sell federal bonds.
V. The bank may lease, assign, sell, exchange, transfer, convey, grant, pledge, or mortgage all real and personal property, title to which has been acquired in any manner.
VI. The bank may:
(a) Act as a custodian bank for financial institutions authorized to do business in this state and accept deposits from the financial institutions in connection with this function;
(b) Issue bank stock loans to financial institutions authorized to do business in this state; and
(c) For financial institutions that make the bank a reserve depository, perform the functions and render the services of a clearinghouse, including all functions for providing domestic and foreign exchange, and rediscount notes, on terms prescribed by the board.
VII. The bank may perform all acts and do all things necessary, convenient, advisable, or desirable to carry out the powers expressly granted or necessarily implied in this chapter through or by means of its president, officers, agents, or employees or by contracts with any person, firm, or corporation.
389-B:6 Transfer to General Fund. As soon as possible after the end of each calendar year, the board shall determine the amount of income, if any, earned by the bank in that prior calendar year that is in excess of amounts necessary to pay for expenses of administering the activities of the bank less any reserves required pursuant to rules adopted in accordance with RSA 389-B:7, for delinquencies and future business and payment of debts from any initial funding. The amount of the excess shall be transferred to the general fund.
389-B:7 Rulemaking. The board shall adopt rules pursuant to RSA 541-A, relative to banking policies and procedures including:
I. Ensuring the safety and soundness of the bank that, to the extent possible, reflect applicable standards for safety and soundness set forth in part 34 of title 12 of the Code of Federal Regulations.
II. Specifying the bank’s powers and permissible investments and activities consistent with RSA 389-B:5;
III. Specifying services that the bank may provide;
IV. Specifying limits for loans and other obligations the bank makes or undertakes;
V. Specifying reserve requirements; and
VI. Setting other requirements that the board considers necessary to administer the bank under this chapter and to accomplish the purposes listed in RSA 389-B:1.
389-B:8 Examination and Report. The banking department shall examine the bank at least once each calendar quarter to verify and ensure that the bank is complying with the rules adopted under RSA 389-B:7. The banking department shall report the results of the examination to the board and to the banking commissioner. The bureau’s report shall be a public record subject to disclosure.
389-B:9 Audit. The audit division of the legislative budget assistant shall audit the accounts and financial affairs of the bank at least once every 2 years.
389-B:10 Annual Report; Performance Measures. Beginning July 1, 2015 and annually thereafter, the bank shall report to the governor and the legislature on the financial condition and performance of the bank and provide an analysis of the bank’s impact on the state consistent with the bank’s purposes set forth in RSA 389-B:1, particularly the bank’s impact on job creation and economic development.
389-B:11 Exempt from Liability. Whenever any public funds are deposited in the bank, the public official who deposited the funds and the sureties on any bond of the public official shall be exempt from liability for loss of any of the funds while the funds are deposited in the bank.
389-B:12 Use of Name; Execution of Instruments.
I. All business of the bank shall be conducted under the name of the New Hampshire economic development bank. Title to property pertaining to the operation of the bank shall be obtained and conveyed in the name of the New Hampshire economic development bank.
II. Instruments shall be executed in the name of the state. Within the scope of authority granted by the board, the president of the bank may execute instruments on behalf of the bank, including any instrument granting, conveying, or otherwise affecting any interest in or lien upon real or personal property.
III. Officers or employees of and legal counsel to the bank may execute instruments on behalf of the bank when authorized by the board.
2 State Treasurer and Bank Commissioner to Make Recommendations. No later than January 15, 2013, the state treasurer and the bank commissioner, in consultation with the attorney general, shall submit a report to the house and senate finance committees with recommendations for implementing the New Hampshire economic development bank. The report shall include:
(a) A draft of any legislation needed to amend the New Hampshire constitution to authorize the state to establish the bank;
(b) A recommendation on the amount of money needed to adequately capitalize the bank;
(c) A draft of any legislation needed to transfer funds to the bank;
(d) A description and draft of statutory changes needed to fully utilize the resources and powers of the bank and to eliminate any duplication of efforts or conflict with the authority or responsibilities of the New Hampshire municipal bond bank and any other state agencies;
(e) Recommendations for guaranteeing funds deposited in the bank;
(f) Recommendations pertaining to the liability of the state and the bank in civil actions; and
(g) Recommendations regarding the confidentiality of certain records held by the bank.
3 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2285
Revised 01/23/12
HB 1691 FISCAL NOTE
AN ACT establishing a state bank.
FISCAL IMPACT:
The Treasury Department states this bill may increase state restricted expenditures and revenue by an indeterminable amount in FY 2014 and each year thereafter. The Banking Department states this bill may increase state restricted revenue by an indeterminable amount in FY 2013, $15,523 in FY 2014, $16,144 in FY 2015, and $16,790 in FY 2016. The Department of Justice states this bill may increase state general fund expenditures by $163,847 in FY 2013, $162,923 in FY 2014, $170,970 in FY 2015, and $179,443 in FY 2016. The Office of Legislative Budget Assistant states this bill will have an indeterminable fiscal impact on state expenditures and revenue in FY 2013 and each year thereafter. There is no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Treasury Department states this bill establishes a state bank. The Department assumes future financing for capitalization of the state bank will occur through a state bond issue with debt service being paid out of the bank’s profits. The Department has no information to determine when this bond issue would happen or the amount of financing. Under the requirements of the Basel III accord, a global bank capitalization standard which will be phased in beginning January 2013, banks will be required to effectively maintain a 7 percent key capital ratio. If this amount were to be based on the average balances maintained by the Department, nearly $50 million would be needed to meet the standard. However, given the variability of cash inflow and outflows associated with the $5.5 billion in receipts and disbursement handled by the Department this capitalization requirement could easily be higher. The Department states none of the capitalization estimates take into account any other assets the state bank may need to account for on its balance sheet at the time of capitalization. The Department assumes the state bank will pay for any costs related to the investment management of the funds by the Department. The Department state this bill may have an indeterminable increase in state restricted expenditures and revenue in FY 2014 and each year thereafter.
The Banking Department estimates it will need to conduct 4 quarterly exams of five days each for a total of 20 examiner days. The Department states for FY 2011, the examiner rate is $690 per day. Assuming the rate increases by 4 percent each year, the Department estimates the following in examiner revenue beginning in FY 2014:
Fiscal Year |
# of Examiner Days |
Daily |
Total |
FY 2014 |
20 |
$776.15 |
$15,523 |
FY 2015 |
20 |
$807.20 |
$16,144 |
FY 2016 |
20 |
$839.49 |
$16,790 |
The Department is not able to estimate the fiscal impact of FY 2013 because the state bank will be in the process of being established, therefore it is not able to determine whether any examinations by the Department will be performed. The Department is self-funded with its costs and expenses, including personnel, paid by fees, fines, and assessments if fees and fines do not cover actual expenditures.
The Department of Justice assumes the state bank will require the services of one full-time assistant attorney general to assist the state bank with its operations provide legal advice and assist with transactions and other operational duties. In addition, the Department assumes a paralegal will be needed. The Department estimates the costs associated with these two positions as follows:
FY 2013 |
FY 2014 |
FY 2015 |
FY 2016 | |
Assistant Attorney General |
$66,950 |
$68,959 |
$71,027 |
$73,158 |
Paralegal (LG 19, step 1) |
$34,866 |
$36,290 |
$37,850 |
$39,390 |
Benefits |
$52,631 |
$56,674 |
$61,093 |
$65,895 |
Computers |
$3,000 |
$0 |
$0 |
$0 |
Office Furniture |
$3,000 |
$0 |
$0 |
$0 |
License for Prolaw and other software |
$2,400 |
$0 |
$0 |
$0 |
Current expenses |
$1,000 |
$1,000 |
$1,000 |
$1,000 |
Total |
$163,847 |
$162,923 |
$170,970 |
$179,443 |
The Office of Legislative Budget Assistant states the fiscal impact of this bill on the audit division is indeterminable. The Office states there is insufficient detail about the state bank, such as the bank’s deposits, loans, and number of employees to determine the impact on state expenditures. Additionally, it is unclear if the state bank is intended to be a department of the State or a separate legal entity and if it is intended to be self supporting.
This bill does not contain authorization or appropriations for positions.