1512-S AMH HASE H2895.1

SHB 1512  - H AMD
     By Representative Hasegawa

ADOPTED 03/08/2007

     On page 2, after line 14, insert the following:

"Sec. 2   RCW 43.86A.060 and 2005 c 302 s 3 are each amended to read as follows:
     (1) The state treasurer shall establish a linked deposit program for investment of deposits in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must make qualifying loans as provided in this section. The state treasurer may purchase a certificate of deposit that is equal to the amount of the qualifying loan made by the qualified public depositary or may purchase a certificate of deposit that is equal to the aggregate amount of two or more qualifying loans made by one or more qualified public depositaries.
     (2) Qualifying loans made under this section are those:
     (a) Having terms that do not exceed ten years;
     (b) Where an individual loan does not exceed one million dollars;
     (c) That are made to a minority or women's business enterprise that has received state certification under chapter 39.19 RCW;
     (d) Where the interest rate on the loan to the minority or women's business enterprise does not exceed an interest rate that is two hundred basis points below the interest rate the qualified public depositary would charge for a loan for a similar purpose and a similar term, except that, if the preference given by the state treasurer to the qualified public depositary under subsection (3) of this section is less than two hundred basis points, the qualified public depositary may reduce the preference given on the loan by an amount that corresponds to the reduction in preference below two hundred basis points given to the qualified public depositary; and
     (e) Where the points or fees charged at loan closing do not exceed one percent of the loan amount.
     (3) In setting interest rates of time certificate of deposits, the state treasurer shall offer rates so that a two hundred basis point preference will be given to the qualified public depositary, except that the treasurer shall lower the amount of the preference to ensure that the effective interest rate on the time certificate of deposit is not less than two percent.
     (4) Upon notification by the state treasurer that a minority or women's business enterprise is no longer certified under chapter 39.19 RCW, the qualified public depositary shall reduce the amount of qualifying loans by the outstanding balance of the loan made under this section to the minority or women's business enterprise.
     (5) The office of minority and women's business enterprises has the authority to promulgate, amend, and repeal rules in order to:
     (a) Ensure that when making a qualified loan under the linked deposit program, businesses that have never received a loan under the linked deposit program are given first priority;
     (b) Limit the total principal loan amount that any one business receives in qualified loans under the linked deposit program over the lifetime of the businesses;
     (c) Limit the total principal loan amount that an owner of one or more businesses receives in qualified loans under the linked deposit program during the owner's lifetime; and
     (d) Limit the total amount of any one qualified loan made under the linked deposit program.
"

     Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

EFFECT:  Provides that the office of minority and women's business enterprises has certain rule-making authority to: Ensure priority to businesses that have never received a loan under the program; limit total principal loan amounts received during the lifetime of the business and the lifetime of the business owner; and limit the total amount of any single qualified loan under the program.

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