Title 36, Chapter 83, Section 8
( 36-83-8)
(a) A local government investment pool is created, consisting of the
aggregate of all funds from local governments and all funds from
other bodies created for a public purpose which the State Depository
Board has agreed to accept that are placed in the custody of the
state for investment and reinvestment as provided in this chapter. (b)(1) The investment policies for the local government investment
pool shall be established by the State Depository Board. (2) The director of the Office of Treasury and Fiscal Services
shall administer the local government investment pool on behalf of
the participating local governments. (3) The director shall develop such procedures consistent with the
policies established pursuant to paragraph (1) of this subsection
as he deems necessary for the efficient administration of the
pool, including, but not limited to: (A) Specification of minimum amounts which may be deposited in
the pool and minimum periods of time for which deposits shall be
retained in the pool; (B) Payment of amounts equivalent to administrative expenses
from the earnings of the pool; (C) Distribution of the earnings in excess of such expenses or
allocation of losses to the several participants, in a manner
which equitably reflects the differing amount of their
respective investments and the differing periods of time for
which such amounts were in the custody of the pool; and (D) Procedures for the deposit and withdrawal of funds. (c) The director shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived. Specifically, the types of authorized investments for pool assets shall be limited to those set forth in Code Section 50-5A-7 and Chapter 17 of Title 50. (d)(1) The governing authority of any local government having
funds which are available for investment and which are not
required by law or by any covenant or agreement with bondholders
or others to be segregated and invested in a different manner may
direct its financial officer to remit such funds to the director
for investment as part of the local government investment pool. (2) Upon determination by the local governing authority that it is
in the best interest of the local government to deposit funds in
the investment pool, it shall adopt and file with the director a
certified copy of a resolution or ordinance authorizing investment
of its funds in the investment pool. The resolution or ordinance
shall name the local government official or officials responsible
for the deposit and withdrawal of such funds.
(3) The resolution or ordinance filed with the director shall be
accompanied by a statement as to the approximate cash flow
requirements of the local government for the invested funds.
Subsequent deposits into the investment pool shall be accompanied
by a statement as to the intended duration of the investment or
the anticipated date of withdrawal of the funds from the pool. (e) A separate account designated by name or number for each
participant in the fund shall be kept to record individual
transactions and totals of all investments belonging to each
participant. A monthly report showing the changes in investments
made during the preceding month shall be furnished to each
participant having a beneficial interest in the investment pool.
Details of any investment transaction shall be furnished to any
participant upon request. (f) The principal and credited income of each account maintained for
a participant in the investment pool shall be subject to payment
from the pool at any time upon request, subject to the procedures
developed in accordance with paragraph (3) of subsection (b) of this
Code section. Accumulated income shall be credited to each
participant account at least monthly. (g) Except as provided in this Code section, all instruments of
title of all investments of the investment pool shall remain in the
custody of the director of the Office of Treasury and Fiscal
Services. The director may deposit with one or more fiscal agents
or banks those instruments of title which he considers advisable, to
be held in safekeeping by the agents or banks for collection of the
principal and interest or other income or of the proceeds of sale.
The director shall collect the principal and interest or other
income from investments of the investment pool the instruments of
title to which are in his custody, when due and payable. (h) In the event of default in the payment of the principal or
interest or other income of any investment of the investment pool,
the director may: (1) Institute the proper proceedings to collect the matured
principal or interest or other income; (2) Accept for exchange purposes refunding bonds or other
evidences of indebtedness, at interest rates to be agreed upon by
the director and the obligor; (3) Make compromises, adjustments, or disposition of the matured
principal or interest or other income, as the director considers
advisable for the purpose of protecting the moneys invested; or (4) Make compromises or adjustments as to future payments of
principal or interest or other income, as the director considers
advisable for the purpose of protecting the moneys invested. (i) No payment may be issued upon any account in an amount greater
than the sum total of the particular account to which it applies.
If such payment is issued, the director shall be personally liable
under his official bond for the entire overdraft resulting from the
payment if made. (j) Subject to the objectives and requirements of this Code section,
the director shall formulate procedures for the investment and
reinvestment of funds in the investment pool and the acquisition,
retention, management, and disposition of investments of the
investment pool. (k) Funds in the local government investment pool may be
consolidated with state funds under the control of the director for
investment purposes, if accurate and detailed accounting records are
maintained for the funds of each participating local government and
a proportionate amount of interest earned is credited to the local
government investment pool and the accounts therein. (l) Payments of amounts for administrative expenses shall be deemed
contractually obligated funds held in trust for the benefit of the
local government investment pool and shall not lapse. |