As used in this article, unless the context otherwise requires:
"Affected governmental unit" means any governmental unit whose deposits of publicmoneys are affected by an event of default.
"Capital funds" means, with respect to any eligible public depository, the aggregatesum of its capital stock, surplus, and undivided profits and of all reserves required by any law or regulation, together with the amount of any debt subordinated to deposit liabilities when such debt has been allowed to be included in its stated capital position by the applicable regulatory authority.
"Commissioner" means the state commissioner of financial services.
"Defaulting depository" means an eligible public depository to which an event ofdefault has occurred.
"Eligible collateral" means:
Obligations of the United States or of any agency thereof;
Obligations wholly or partially guaranteed or insured as to payment of principal bythe United States or any agency thereof;
Obligations of the state of Colorado, including anticipation warrants, and generalobligations of any governmental unit of this state, including obligations the interest and principal of which are secured by deposit in escrow of an amount of obligations of the United States or any agency thereof sufficient to secure such payment;
Obligations evidenced by notes secured by first lien mortgages or deeds of trust onreal property, whether or not situate in this state, if such obligations are not for construction or land acquisition and development and if such obligations shall not exceed one hundred percent of the value of all eligible collateral on pledge, which obligations shall not be in default in any respect and are wholly owned by the eligible depository;
Revenue bonds, except industrial development revenue bonds, issued by the state ofColorado or any agency thereof, or by any county, city and county, municipality, school district, special district, or other authority within this state, as well as special improvement district bonds issued by any such political subdivision or authority;
Mortgage-backed securities issued by the federal home loan mortgage corporation,the federal national mortgage association, or the government national mortgage association and such other mortgage-backed securities as are approved by the commissioner;
Such liquid assets, as such term is defined in the federal regulations governing members of a federal home loan bank, as are approved by the commissioner;
Irrevocable and unconditional standby letters of credit issued by a federal home loanbank if:
The letter of credit is in the standard format approved by the Colorado division offinancial services;
The Colorado division of financial services is designated as the beneficiary of theletter of credit; and
Securities issued by the federal home loan bank remain triple A-rated by one ormore nationally recognized organizations which regularly rate such obligations.
"Eligible public depository" means any state-chartered savings and loan associationor any federally chartered savings and loan association having an office in this state which is authorized by the laws of the United States to accept deposit accounts, which deposits are insured by the federal deposit insurance corporation or its successor, and which depository has been designated as an eligible public depository by the commissioner.
"Event of default" means the issuance of an order by a supervisory authority or areceiver restraining an eligible public depository from making payments of its deposit liabilities.
"Governmental unit" means the state of Colorado, every municipality, city and county, county, school district, special district, and authority located in this state, every public body corporate created or established under the constitution or any law of this state, and every board, commission, department, institution, agency of, and every entity created by intergovernmental agreement among, any of the foregoing which collects, receives, or has custody of or control over public moneys.
(8.5) (a) "Market value" means, for eligible collateral consisting of obligations wholly or partially guaranteed or insured as to payment of principal by the United States or any agency thereof, or other obligations evidenced by notes secured by first lien mortgages or deeds of trust, the lower of current market quotation or seventy-five percent of the unpaid principal of the note evidencing the obligation.
(b) For all other eligible collateral, "market value" means the current market quotation.
(Deleted by amendment, L. 2004, p. 141, § 29, effective July 1, 2004.)
"Net deposit liability" means, with respect to a defaulting depository, the amount ofits deposit liability to a governmental unit after deduction of any applicable federal deposit insurance corporation or its successor insurance with respect thereto.
"Public deposits" means and includes all public moneys on deposit in an eligiblepublic depository, whether payable on demand or at a certain time.
"Public moneys" means all moneys under the control of or in the custody of governmental units.
"Valuation date" means the last business day of either March or September of eachyear, as the occasion may require.
Source: L. 75: Entire article added, p. 399, § 1, effective July 1. L. 76: (9) amended, p. 300, § 22, effective May 20. L. 77: (5)(d) and (5)(e) amended, p. 574, § 1, effective June 10. L. 79: (5)(b) and (5)(d) amended and (8.5) added, p. 1614, § 3, effective June 8. L. 81: (5)(d) amended, p. 620, § 3, effective April 30. L. 83: (8.5)(a) amended, p. 487, § 2, effective May 10. L. 85: (5)(d) and (5)(e) amended and (5)(f) and (5)(g) added, p. 401, § 1, effective May 31. L. 88: (8) amended, p. 429, § 7, effective April 20. L. 89: (3) amended, p. 621, § 14, effective July 1. L. 94: (6) amended, p. 68, § 15, effective July 1. L. 97: (5)(h) added, p. 159, § 1, effective March 28. L. 2004: (9) and (10) amended, p. 141, § 29, effective July 1.