BILL NUMBER: AB 2364 CHAPTERED 08/23/04 CHAPTER 266 FILED WITH SECRETARY OF STATE AUGUST 23, 2004 APPROVED BY GOVERNOR AUGUST 23, 2004 PASSED THE SENATE AUGUST 11, 2004 PASSED THE ASSEMBLY MAY 26, 2004 AMENDED IN ASSEMBLY MAY 24, 2004 AMENDED IN ASSEMBLY APRIL 26, 2004 AMENDED IN ASSEMBLY APRIL 12, 2004 INTRODUCED BY Assembly Member Correa FEBRUARY 19, 2004 An act to add Section 7514.3 to the Government Code, relating to state pension systems, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2364, Correa. State pension systems: credit enhancement. Existing law declares that the retirement boards of public pension and retirement systems have fiduciary responsibility over the assets of the public pension or retirement system. This bill would authorize state pension systems to establish credit enhancement programs to assist issuers of municipal and public finance debt, as specified. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7514.3 is added to the Government Code, to read: 7514.3. Notwithstanding any other provision of law, state pension systems may, subject to and consistent with their fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code and Section 17 of Article XVI of the California Constitution, establish credit enhancement programs to assist entities of state and local government and other issuers of municipal and public finance debt to secure more favorable financing terms through a variety of types of credit enhancement including, but not limited to, enhancement of the credit of bonds, notes, and other indebtedness. Any credit enhancement program shall comply with the requirements of Section 503 of the Internal Revenue Code. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that state retirement systems may establish credit enhancement programs during this period of fiscal crisis, it is necessary that this act take effect immediately.