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Senate Bill Report SB 5995

Issuer
Congressional materials
Document type
Report
Date
2020-01-28
Case
2020 01 28 A26427 D211082 Bill Report 5995 Sba Fiet 20

Summary

A Senate Bill Report on SB 5995, an act relating to establishing the Washington investment trust, prepared by non-partisan staff of the Senate Committee on Financial Institutions, Economic Development & Trade, as of January 27, 2020. The bill is sponsored by Senators Hasegawa, Das, Nguyen and others, with committee activity on January 28, 2020. The report summarizes a proposed substitute that would create the Washington Investment Trust as a depository for state monies and federal transportation funds, governed by a commission of five statewide elected officials, with a Trust Transition Board and an 11-member Investment Trust Advisory Board. It states that the commission must present an implementation plan by November 1, 2020, and that deposits would be guaranteed by the state. The three-page report notes a fiscal note requested on January 23, 2020 and an emergency clause.

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Full text

                             SENATE BILL REPORT
                                   SB 5995

                                      As of January 27, 2020

Title: An act relating to establishing the Washington investment trust.

Brief Description: Establishing the Washington investment trust.

Sponsors: Senators Hasegawa, Das, Nguyen, Van De Wege, Keiser, Conway, Saldaña, Billig,
   Darneille, Takko, Liias and Hunt.

Brief History:
   Committee Activity: Financial Institutions, Economic Development & Trade: 1/28/20.

                                      Brief Summary of Bill
          Ÿ Establishes the Washington Investment Trust (Trust) to serve as a
            depositary for public funds including state funds and federal transportation
            funds.
          Ÿ Authorizes the Trust to invest state funds to facilitate financing and
            construction of public infrastructure.


SENATE  COMMITTEE                  ON      FINANCIAL          INSTITUTIONS,           ECONOMIC
DEVELOPMENT & TRADE

    Staff: Clint McCarthy (786-7319)

    Background: The state treasurer (treasurer) is responsible for the management of state funds
    including managing cash flows for state funds, issuing and managing state debt, and
    producing a detailed annual report on the condition of the State Treasury (Treasury). The
    Department of Financial Institutions (DFI) is the agency responsible for monitoring and
    regulating financial institutions, including banks, in Washington.

    Summary of Bill: The bill as referred to committee not considered.

   Summary of Bill (Proposed Substitute): The Trust is created to serve as a depository for
   state monies and federal transportation funds and is authorized to manage and invest state
   monies in order to facilitate financing and construction of new and existing public
   infrastructure systems.
––––––––––––––––––––––
    This analysis was prepared by non-partisan legislative staff for the use of legislative
    members in their deliberations. This analysis is not a part of the legislation nor does it
    constitute a statement of legislative intent.

Senate Bill Report                              -1-                                          SB 5995
    The Washington Investment Trust Commission (Commission) is established as the primary
    governing authority of the Trust. The Commission is comprised of five statewide elected
    officials including the Governor, the lieutenant governor, the attorney general, the treasurer,
    and the state auditor. The Commission must begin operations by July 1, 2018, and may
    adopt rules regarding the standards and transparency requirements of the Trust. The
    Commission may delegate duties and powers necessary to implement the Trust's business to
    the Trust president. The Commission may also establish technical and advisory committees
    and consult with private sector experts as needed.

    The Trust Transition Board (Transition Board) is established and is comprised of two
    representatives and two senators, one from each major caucus of the House of
    Representatives and the Senate, and seven citizen members. The citizen members are
    appointed by the president of the Senate and the speaker of the House, with one of the citizen
    members appointed as chair of the Transition Board. The Transition Board shall develop and
    make recommendations to the Commission regarding a start-up business plan for the Trust.
    The start-up plan must include plans and timelines for functions that are new and functions
    transitioning to the Trust that were previously performed by another entity, initial capital
    requirements of the Trust, and options for capitalizing the Trust.

    The treasurer and local government agencies must deposit state monies and federal
    transportation funds into the Trust in accordance with the timeframe and guidelines
    determined by the Commission. The Commission must review state accounts that are not
    part of the Treasury and make recommendations to the Governor and the Legislature as to
    which accounts should be deposited in the Trust. The Trust may accept deposits from any
    public source, including federal funds.

    All deposits in the Trust are guaranteed by the state rather than insured by the FDI.
    Administrative and strategic planning expenses of the Trust are funded from its earnings,
    subject to legislative authorization. The Trust must deposit, in the general fund, interest
    earnings that exceed required distributions and those necessary for the continued sound
    operation of the Trust. The Trust is exempt from the requirements of the Public Deposit
    Protection Commission.

    The Commission and the Treasurer must jointly determine the amount of funds necessary to
    meet the operational needs of state government. The Treasurer retains authority to manage
    and invest the amount of funds necessary to meet the operational needs of state government.

    The Trust is authorized to manage and invest state monies in order to facilitate financing of
    new and existing public infrastructure systems. By November 1, 2020, the Commission must
    present an implementation plan and any necessary legislation to the Governor and legislative
    committees that:
         Ÿ identify any existing accounts in the Treasury associated with state infrastructure
           programs that the Trust recommends be transferred under its umbrella;
         Ÿ describes additional infrastructure funding that the trust recommends; and
         Ÿ demonstrates how the Trust plans to maximize revenues and public benefit.




Senate Bill Report                             -2-                                         SB 5995
    The Trust must maintain capital adequacy and other standard indicators of safety and
    soundness monitored by the DFI. The director of DFI must examine the Trust, and the state
    auditor must conduct an annual audit of the Trust's accounts and financial transactions. The
    Trust must submit quarterly reports to the Commission. By December 1st of each year, the
    Commission must make an annual report to the Legislature on the affairs of the Trust.

    An Investment Trust Advisory Board (Board) is created consisting of 11 members to review
    the Trust's operations and make recommendations regarding trust management and policies.
    The Governor shall appoint members with experience in trust activities, with at least six
    members with experience in finance. Members serve a three-year term at the pleasure of the
    Governor.

    The financial and commercial information supplied by businesses or individuals during
    application for loans or program services and examination reports and information obtained
    by DFI from the Trust are exempt from public disclosure. The Trust may not make a loan to
    a board member, the president, or employees. The Trust is exempt from all fees and taxes
    levied by the state or its subdivisions.

    Appropriation: None.

    Fiscal Note: Requested on January 23, 2020.

    Creates Committee/Commission/Task Force that includes Legislative members: Yes.

    Effective Date: The bill contains an emergency clause and takes effect immediately.




Senate Bill Report                            -3-                                         SB 5995


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