[As Amended by House on Final Action]
         
Session of 1999
         
HOUSE Substitute for SENATE BILL No. 157
         
By Committee on Appropriations
         
4-28
         

10             AN  ACT concerning state moneys; providing for agricultural production
11             loans [and agricultural linked deposits]; amending K.S.A. 75-4209
12             and 75-4237 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. The provisions of sections 1 through 7 [8], and
16       amendments thereto, shall be known and may be cited as the Kansas
17       agricultural production loan deposit program.
18             New Sec.  2. As used in this act: (a) "Agricultural production loan
19       deposit" means an investment account placed by the director of invest-
20       ments under the provisions of article 42 of chapter 75 of the Kansas
21       Statutes Annotated with an eligible lending institution for the purpose of
22       carrying out the intent of this act;
23             (b) "agricultural production loan deposit loan package" means the
24       forms provided by the state treasurer for the purpose of applying for an
25       agricultural production loan deposit;
26             (c) "eligible lending institution" means a bank, as defined under
27       K.S.A. 75-4201, and amendments thereto, that agrees to participate in
28       the Kansas agricultural production loan deposit program and is eligible
29       to be a depository of state funds; and
30             (d) "eligible agricultural borrower" means any person, partnership or
31       family farm corporation as defined in K.S.A. 17-5903 and amendments
32       thereto involved in farming.
33             New Sec.  3. (a) The state treasurer is hereby authorized to admin-
34       ister the Kansas agricultural production loan deposit program. Such pro-
35       gram shall be for the purpose of providing incentives for the making of
36       agricultural production loans. The state treasurer shall promulgate rules
37       and regulations to carry out the provisions of this act.
38             (b) The state treasurer shall submit an annual report outlining the
39       status of the program to the governor and the legislature.
40             New Sec.  4. (a) The state treasurer is hereby authorized to dissem-
41       inate information and to provide agricultural production loan deposit loan
42       packages to the lending institutions eligible for participation in this act.
43             (b) The agricultural production loan deposit loan package shall be

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  1       completed by the borrower before being forwarded to the lending insti-
  2       tution for consideration.
  3             (c)  (1) An eligible lending institution that agrees to receive an agri-
  4       cultural production loan deposit shall accept and review applications for
  5       loans from eligible agricultural borrowers. The lending institution shall
  6       apply all usual lending standards to determine the credit worthiness of
  7       eligible agricultural borrowers. No single agricultural production loan de-
  8       posit loan shall exceed $250,000. The total aggregate amount of agricul-
  9       tural production loan deposit loans under this program shall not exceed
10       $50,000,000.
11             (2) To be eligible to obtain an agricultural production loan, an eligible
12       agricultural borrower must have a debt-to-asset ratio of 40% or greater.
13             (3) Only one agricultural production loan deposit loan shall be made
14       and be outstanding at any one time to any agricultural borrower.
15             (4) No loan shall be amortized for a period of more than eight years.
16             (d) An eligible agricultural borrower shall certify on its loan applica-
17       tion that the reduced rate loan will be used exclusively for the purposes
18       of this act.
19             (e) The eligible lending institution may approve or reject an agricul-
20       tural production loan deposit loan package based on the lending institu-
21       tion's evaluation of the eligible agricultural borrowers included in the
22       package, the amount of the individual loan in the package and other
23       appropriate considerations.
24             (f) The eligible lending institution shall forward to the state treasurer,
25       an approved agricultural production loan deposit loan package, in the
26       form and manner prescribed and approved by the state treasurer. The
27       package shall include information regarding the amount of the loan re-
28       quested by each eligible agricultural borrower and such other information
29       regarding each eligible agricultural borrower the state treasurer requires,
30       including a certification by the applicant that such applicant is an eligible
31       agricultural borrower.
32             New Sec.  5. (a) The state treasurer may accept or reject an agricul-
33       tural production loan deposit loan package based on the state treasurer's
34       evaluation of whether the loan to the eligible agricultural borrower meets
35       the purposes of this act. If sufficient funds are not available for an agri-
36       cultural production loan deposit, then the applications may be considered
37       in the order received when funds are once again available subject to a
38       review by the lending institution.
39             (b) Upon acceptance, the state treasurer shall certify to the director
40       of investments the amount required for such agricultural production loan
41       deposit loan package and the director of investments shall place an ag-
42       ricultural production loan deposit in the amount certified by the state
43       treasurer with the eligible lending institution at an interest rate, which is

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  1       2% below the market rate provided in K.S.A. 75-4237, and amendments
  2       thereto. When necessary, the state treasurer may request the director of
  3       investments to place such agricultural production loan deposit prior to
  4       acceptance of an agricultural production loan deposit loan package.
  5             (c) The eligible lending institution shall enter into an agricultural pro-
  6       duction loan deposit agreement with the state treasurer, which shall in-
  7       clude requirements necessary to implement the purposes of the Kansas
  8       agricultural production loan deposit program. Such requirements shall
  9       include an agreement by the eligible lending institution to lend an amount
10       equal to the agricultural production loan deposit to eligible agricultural
11       borrowers at an interest rate which is not more than 2% above the market
12       rate as determined under K.S.A. 75-4237, and amendments thereto. The
13       agreement shall include provisions for the agricultural production loan
14       deposit to be placed for a maturity considered appropriate in coordination
15       with the underlying agricultural production loan. The agreement shall
16       include provisions for the reduction of the agricultural production loan
17       deposit in an amount equal to any payment of loan principal by the eligible
18       agricultural borrower.
19             New Sec.  6. (a) Upon the placement of an agricultural production
20       loan deposit with an eligible lending institution, the institution shall fund
21       the loan to each approved eligible agricultural borrower listed in the ag-
22       ricultural production loan deposit loan package in accordance with the
23       agricultural production loan deposit agreement between the institution
24       and the state treasurer. The loan shall be at a rate as provided in section
25       5 and amendments thereto. A certification of compliance with this section
26       in the form and manner as prescribed by the state treasurer shall be
27       required of the eligible lending institution.
28             (b) The state treasurer shall take any and all steps necessary to im-
29       plement the Kansas agricultural production loan deposit program.
30             New Sec.  7. The state and the state treasurer shall not be liable to
31       any eligible lending institution in any manner for payment of the principal
32       or interest on the loan to an eligible agricultural borrower. Any delay in
33       payments or default on the part of an eligible agricultural borrower does
34       not in any manner affect the agricultural production loan deposit agree-
35       ment between the eligible lending institution and the state treasurer.
36             New Sec.  8. The provisions of this act [sections 1 through 8, and
37       amendments thereto,] shall expire on July 1, 2002.
38        [New Sec.  9. The provisions of sections 9 through 16 shall be
39       known and may be cited as the Kansas agricultural linked deposit
40       program.
41             [New Sec.  10. As used in this act: (a) "Agricultural linked de-
42       posit" means an investment account placed by the director of in-
43       vestments under the provisions of article 42 of chapter 75 of the

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  1       Kansas Statutes Annotated with an eligible lending institution for
  2       the purpose of carrying out the intent of this act;
  3             [(b) "agricultural linked deposit loan package" means the
  4       forms provided by the state treasurer for the purpose of applying
  5       for an agricultural linked deposit;
  6             [(c) "eligible lending institution" means a bank, as defined un-
  7       der K.S.A. 75-4201, and amendments thereto that agrees to par-
  8       ticipate in the Kansas agricultural linked deposit program and is
  9       eligible to be a depository of state funds; and
10             [(d) "farm operations" means any person, partnership or fam-
11       ily farm corporation as defined in K.S.A. 17-5903 and amendments
12       thereto involved in farming.
13             [New Sec.  11. (a) The state treasurer is hereby authorized to
14       administer the Kansas agricultural linked deposit program. Such
15       program shall be for the exclusive purpose of providing incentives
16       for the making of loans for the construction of new or used grain
17       storage facilities. The state treasurer shall promulgate rules and
18       regulations to carry out the provisions of this act.
19             [(b) The state treasurer shall submit an annual report outlining
20       the status of the program to the governor and the legislature.
21             [New Sec.  12. (a) The state treasurer is hereby authorized to
22       disseminate information and to provide agricultural linked deposit
23       loan packages to the lending institutions eligible for participation
24       in this act.
25             [(b) The agricultural linked deposit loan package shall be com-
26       pleted by the borrower before being forwarded to the lending in-
27       stitution for consideration.
28             [(c) (1) An eligible lending institution that agrees to receive
29       an agricultural linked deposit shall accept and review applications
30       for loans from eligible farm operations. The lending institution
31       shall apply all usual lending standards to determine the credit wor-
32       thiness of eligible farm operations. No single linked deposit loan
33       for the construction of new or used grain storage facilities shall
34       exceed $50,000. The total amount of agricultural linked deposit
35       loans shall not exceed $7,000,000 in any one year.
36             [(2) Only one linked deposit loan shall be made and be out-
37       standing at any one time to any farm operation.
38             [(3) No loan shall be amortized for a period of more than eight
39       years.
40             [(d) An eligible farm operation shall certify on its loan appli-
41       cation that the reduced rate loan will be used exclusively for the
42       purposes of this act.
43             [(e) The eligible lending institution may approve or reject an

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  1       agricultural linked deposit loan package based on the lending in-
  2       stitution's evaluation of the eligible farm operation included in the
  3       package, the amount of the individual loan in the package, and
  4       other appropriate considerations.
  5             [(f) The eligible lending institution shall forward to the state
  6       treasurer, an approved agricultural linked deposit loan package,
  7       in the form and manner prescribed and approved by the state trea-
  8       surer. The package shall include information regarding the
  9       amount of the loan requested by each farm operation and such
10       other information regarding each farm operation the state trea-
11       surer requires, including certification by the applicant that such
12       applicant is an eligible farm operation.
13             [New Sec.  13. (a) The state treasurer may accept or reject an
14       agricultural linked deposit loan package based on the state trea-
15       surer's evaluation of whether the loan to the eligible farm opera-
16       tion meets the purposes of this act. If sufficient funds are not avail-
17       able for a linked deposit, then the applications may be considered
18       in the order received when funds are once again available subject
19       to a review by the lending institution.
20             [(b) Upon acceptance, the state treasurer shall certify to the
21       director of investments the amount required for such agricultural
22       linked deposit loan package and the director of investments shall
23       place an agricultural link deposit in the amount certified by the
24       state treasurer with the eligible lending institution at a zero inter-
25       est rate. When necessary, the state treasurer may request the di-
26       rector of investments to place such agricultural link deposit prior
27       to acceptance of an agricultural linked deposit loan package.
28             [(c) The eligible lending institution shall enter into an agricul-
29       tural linked deposit agreement with the state treasurer, which
30       shall include requirements necessary to implement the purposes
31       of the Kansas agricultural linked deposit program. Such require-
32       ments shall include an agreement by the eligible lending institu-
33       tion to lend an amount equal to the agricultural linked deposit to
34       eligible farm operations at an interest rate that does not exceed
35       4%. The agreement shall include provisions for the agricultural
36       link deposit to be placed for a maturity considered appropriate in
37       coordination with the underlying linked deposit loan. The agree-
38       ment shall include provisions for the reduction of the agricultural
39       link deposit in an amount equal to any payment of loan principal
40       by the eligible farm operations.
41             [New Sec.  14. (a) Upon the placement of an agricultural linked
42       deposit with an eligible lending institution, the institution shall
43       fund the loan to each approved eligible farm operation listed in

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  1       the agricultural linked deposit loan package in accordance with
  2       the agricultural linked deposit agreement between the institution
  3       and the state treasurer. The loan shall be at a rate as provided in
  4       section 12 and amendments thereto. A certification of compliance
  5       with this section in the form and manner as prescribed by the state
  6       treasurer shall be required of the eligible lending institution.
  7             [(b) The state treasurer shall take any and all steps necessary
  8       to implement the Kansas agricultural linked deposit program.
  9             [New Sec.  15. The state and the state treasurer shall not be
10       liable to any eligible lending institution in any manner for payment
11       of the principal or interest on the loan to an eligible farm opera-
12       tion. Any delay in payments or default on the part of an eligible
13       farm operation does not in any manner affect the agricultural
14       linked deposit agreement between the eligible lending institution
15       and the state treasurer.
16             [New Sec.  16. The provisions of sections 9 through 16, and
17       amendments thereto shall expire on July 1, 2000.]
18             Sec.  9. [17.] K.S.A. 75-4209 is hereby amended to read as follows:
19       75-4209. (a) The director of investments may invest and reinvest state
20       moneys eligible for investment which are not invested in accordance with
21       K.S.A. 75-4237 and amendments thereto, in the following investments:
22             (1) Direct obligations of, or obligations that are insured as to principal
23       and interest by, the United States of America or any agency thereof and
24       obligations and securities of the United States sponsored enterprises
25       which under federal law may be accepted as security for public funds, on
26       and after the effective date of this act moneys available for investment
27       under this subsection shall not be invested in mortgage-backed securities
28       of such enterprises and of the government national mortgage association,
29       except that any such mortgage-backed securities held prior to the effec-
30       tive date of this act may be held to maturity;
31             (2) repurchase agreements with a bank or a primary government se-
32       curities dealer which reports to the market reports division of the federal
33       reserve bank of New York for direct obligations of, or obligations that are
34       insured as to principal and interest by, the United States government or
35       any agency thereof and obligations and securities of United States gov-
36       ernment sponsored enterprises which under federal law may be accepted
37       as security for public funds;
38             (3) commercial paper that does not exceed 270 days to maturity and
39       which has received one of the two highest commercial paper credit ratings
40       by a nationally recognized investment rating firm.
41             (b) When moneys are available for deposit or investments, the direc-
42       tor of investments may invest in SKILL act projects and bonds pursuant
43       to K.S.A. 1997 1998 Supp. 74-8920, and amendments thereto, and in state

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  1       agency bonds and bond projects.
  2             (c) When moneys are available for deposits or investments, the di-
  3       rector of investments may invest in preferred stock of Kansas venture
  4       capital, inc., under terms and conditions prescribed by K.S.A. 74-8203,
  5       and amendments thereto, but such investments shall not in the aggregate
  6       exceed a total amount of $10,000,000.
  7             (d) When moneys are available for deposits or investments, the di-
  8       rector of investments may invest in loans pursuant to legislative mandates,
  9       except that not more than the lesser of 10% or $80,000,000 of the state
10       moneys shall be invested.
11             (e) Interest on investment accounts in banks is to be paid at maturity,
12       but not less than annually.
13             (f) Investments made by the director of investments under the pro-
14       visions of this section shall be made with judgment and care, under cir-
15       cumstances then prevailing, which persons of prudence, discretion and
16       intelligence exercise in the management of their own affairs, not for spec-
17       ulation, but for investment, considering the probable safety of their capital
18       as well as the probable income to be derived.
19             (g) Investments under subsection (a) or (b) of this section or under
20       K.S.A. 75-4237 shall be for a period not to exceed four years, except that
21       agricultural production loan deposits authorized under the provisions of
22       sections 1 through 7 and amendments thereto, shall not exceed a period
23       [sections 1 through 8 and amendments thereto and agricultural
24       linked deposits authorized under sections 9 through 16, and
25       amendments thereto, shall not exceed a period] of eight years.
26             (h) Investments in securities under paragraph (1) of subsection (a)
27       shall be limited to securities which do not have any more interest rate
28       risk than do direct United States government obligations of similar ma-
29       turities. For purposes of this subsection, "interest rate risk" means market
30       value changes due to changes in current interest rates.
31             (i) The director of investments shall not invest state moneys eligible
32       for investment under subsection (a), in the municipal investment pool
33       fund, created under K.S.A. 1997 1998 Supp. 12-1677a, and amendments
34       thereto.
35             (j) The director of investments shall not invest moneys in the pooled
36       money investment portfolio in derivatives. As used in this subsection,
37       "derivatives" means a financial contract whose value depends on the value
38       of an underlying asset or index of asset values.
39             (k) Moneys and investments in the pooled money investment port-
40       folio shall be invested and reinvested by the director of investments in
41       accordance with investment policies developed, approved, published and
42       updated on an annual basis by the board. Such investment policies shall
43       include at a minimum guidelines which identify credit standards, eligible

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  1       instruments, allowable maturity ranges, methods for valuing the portfolio,
  2       calculating earnings and yields and limits on portfolio concentration for
  3       each type of investment. Any changes in such investment policies shall
  4       be approved by the pooled money investment board. Such investment
  5       policies may specify the contents of reports, methods of crediting funds
  6       and accounts and other operating procedures.
  7             (l) The board shall adopt rules and regulations to establish an overall
  8       percentage limitation on the investment of moneys in investments au-
  9       thorized under paragraph (3) of subsection (a), and within such author-
10       ized investment, the board shall establish a percentage limitation on the
11       investment in any single business entity.
12             Sec.  10. [18.] K.S.A. 75-4237 is hereby amended to read as follows:
13       75-4237. (a) The director of investments shall accept requests from banks
14       interested in obtaining investment accounts of state moneys. Such re-
15       quests may be submitted any business day and shall specify the dollar
16       amount, maturity or maturity range and interest rate. Except as provided
17       in subsection (c), if the interest rate bid by the bank is at or greater than
18       the market rate determined by the director of investments in accordance
19       with subsection (b), the director of investments is authorized to award
20       the investment account to the bidding bank at the market rate. Awards
21       of investment accounts pursuant to this section shall be subject to in-
22       vestment policies of the pooled money investment board. When multiple
23       bids are received and are in excess of the amount available for investment
24       that day for any maturity, awards shall be made available in ascending
25       order from smallest to largest dollar amount bid, subject to investment
26       policies of the board.
27             (b) The market rate shall be determined each business day by the
28       director of investments, in accordance with any procedures established
29       by the pooled money investment board. Subject to any policies of the
30       board, the market rate shall reflect the highest rate at which state moneys
31       can be invested on the open market in investments authorized by sub-
32       section (a) of K.S.A. 75-4209 and amendments thereto for equivalent
33       maturities.
34             (c) Notwithstanding the provisions of this section, agricultural[: (1)
35       Agricultural] production loan deposits made pursuant to the provisions
36       of sections 1 through 7 [8] and amendments thereto, shall be at 2% less
37       than the market rate provided by this section[; and (2) agricultural link
38       deposits made pursuant to the provisions of sections 9 through 16,
39       and amendments thereto, shall be at zero interest rate].
40        Sec.  11. [19.] K.S.A. 75-4209 and 75-4237 are hereby repealed.
41        Sec.  12. [20.] This act shall take effect and be in force from and after
42       its publication in the Kansas register.
43