BILL NUMBER: AB 2122 CHAPTERED 06/30/02 CHAPTER 83 FILED WITH SECRETARY OF STATE JUNE 30, 2002 APPROVED BY GOVERNOR JUNE 28, 2002 PASSED THE SENATE JUNE 17, 2002 PASSED THE ASSEMBLY MAY 16, 2002 INTRODUCED BY Assembly Member Washington FEBRUARY 19, 2002 An act to amend Section 53635 of the Government Code, relating to local agency funds. LEGISLATIVE COUNSEL'S DIGEST AB 2122, Washington. Local agency investments. Existing law authorizes the legislative body of a local agency having money in a sinking fund of, or surplus money in, its treasury not required for the immediate needs of the local agency to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. One of the types of eligible securities is commercial paper of prime quality, as described. Existing law limits counties and cities and counties to investing no more than 40% of their money in eligible commercial paper and limits other local agencies, such as cities, to investing no more than 25% of their money in eligible commercial paper. This bill would make the City of Los Angeles subject to the same concentration limits for investment in eligible commercial paper as counties and cities and counties. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 53635 of the Government Code is amended to read: 53635. (a) This section shall apply to a local agency that is a county, a city and a county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. However, Section 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body. This section shall be interpreted in a manner that recognizes the distinct characteristics of investment pools and the distinct administrative burdens on managing and investing funds on a pooled basis pursuant to Article 6 (commencing with Section 27130) of Chapter 5 of Division 2 of Title 3. A local agency that is a county or a city and county may invest in commercial paper pursuant to subdivision (g) of Section 53601, except that the local agency shall be subject to the following concentration limits: (1) No more than 40 percent of the local agency's money may be invested in eligible commercial paper. (2) No more than 10 percent of the local agency's money that may be invested pursuant to this section may be invested in the outstanding commercial paper of any single corporate issuer. (3) No more than 10 percent of the outstanding commercial paper of any single corporate issuer may be purchased by the local agency. (b) Notwithstanding Section 53601, the City of Los Angeles shall be subject to the concentration limits of this section for counties and cities and counties with regard to the investment of money in eligible commercial paper. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the Constitution because of the unique circumstances of the City of Los Angeles. The facts constituting the special circumstances are: The investment needs of the City of Los Angeles are such that it is more appropriate to apply the concentration limits otherwise applicable to counties and cities and counties.