Chapter 105

2009 -- H 5611

Enacted 07/13/09

 

A N A C T

RELATING TO PUBLIC FINANCE -- STATE INVESTMENT COMMISSION    

     

     Introduced By: Representatives Lally, and Brien

     Date Introduced: February 25, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 35-10-11 of the General Laws in Chapter 35-10 entitled "State

Investment Commission" is hereby amended to read as follows:

 

     35-10-11. Additional investment powers. -- The state, any state agency, any city or

town, and any municipal agency which has, or has control of, any funds not immediately required

for other purposes may, in addition to other investments in which it may be authorized to invest

by law, and notwithstanding any provisions of any special law or municipal charter to the

contrary, invest these funds, either individually or with each other, in:

      (1) Deposits in banks, savings banks, national banks or trust companies, loan and

investment companies, credit unions; and in shares of building-loan associations; the principal

office of which institution or institutions is located in this state or which has a deposit-taking

facility within this state; provided, that the investments shall be made as would be done by

prudent persons of discretion and intelligence in these matters who are seeking a reasonable

income and preservation of their capital;

      (2) Shares or units of beneficial interest of any open end investment company or

association or investment trust which is registered under the federal Investment Company Act of

1940, 15 U.S.C. section 80a-1 et seq.; provided, that the company, association, or trust shall:

      (i) Limit the issuance, distribution, and ownership of its shares or units solely to this

state, state agencies, cities and towns of this state, and municipal agencies thereof, other than

shares or units issued in connection with the initial capital required by the federal Investment

Company Act of 1940;

      (ii) Invest solely in securities and investments which are lawful for investments of

savings deposits as set forth and defined in chapter 3 of title 19, without regard to the provisions

of this chapter as to percentage of deposits which may be so invested, or are lawful for investment

of reserve funds by cities and towns under section 45-11-1, but subject to the restrictions that:

      (A) No investment shall be made in any security or investment authorized under chapter

3 of title 19, unless, after giving effect to the investment, no more than ten percent (10%) of the

total assets of the company, association, or trust shall be invested in securities or investments of a

class or type authorized solely under this chapter;

      (B) No investment shall be made in any security or investment authorized under chapter

3 of title 19, unless, after giving effect to the investments, no more than five percent (5%) of the

total assets shall be invested in the securities or investments authorized solely under this chapter

of any one issuer or obligor; and

      (C) If the lawful investments constitute collateral for any repurchase agreement, the

company, association, or trust shall take delivery of the collateral either directly or through an

authorized custodian; and

      (iii) Invest solely in such of the investments as would be done by prudent persons of

discretion and intelligence in these matters who are seeking a reasonable income and preservation

of their capital; and

      (3) Notwithstanding the provisions of paragraphs (1), (2)(ii)(A), and (2)(ii)(B), in:

      (i) Obligations issued or guaranteed by the United States government or any agency or

instrumentality thereof and repurchase agreements fully collateralized thereby, or in securities of

any open end investment company or association or investment trust, custodial arrangement, or

pool which is registered under or exempt from the federal Investment Company Act of 1940,

provided, that the portfolio of the company, association, trust, custodial arrangement, or pool is

limited to obligations issued or guaranteed by the United States government or any agency or

instrumentality thereof and repurchase agreements fully collateralized thereby and that the

company, association, trust, custodial arrangement, or pool takes delivery of the collateral either

directly or through an authorized custodian, agent, or depository; and

      (ii) Any security of a state or political subdivision thereof, or in securities of any open

end investment company or association or investment trust, custodial arrangement, or pool which

is registered under or exempt from the federal Investment Company Act of 1940, provided, that

      (A) The portfolio of the company, association, trust, custodial arrangement, or pool is

limited to state or political subdivision securities and repurchase agreements fully collateralized

thereby;

      (B) The company, association, trust, custodial arrangement, or pool takes delivery of the

collateral either directly or through an authorized custodian or depository;

      (C) The interest on the securities is exempt from federal income taxation;

      (D) At the time of the investment, the security (in the case of a security issued by or on

behalf of a state or political subdivision thereof) has a rating as determined by a national rating

agency of municipal obligations equal or superior to the last rating by the agency applicable to

general obligations of the state or (in the case of a fund) the fund invests solely in securities

having these ratings;

      (E) In connection with the investments, the state, state agency, city, town, or municipal

agency may enter into contracts to purchase and resell the investments at specified or

determinable prices.

     (4) Notwithstanding the provisions of subdivision (1), in certificates of deposit obtained

in accordance with the following conditions:

     (i) The funds are initially invested through a financial institution as defined in subdivision

19-1-1(8) or chapter 19-1, selected by the investing governmental entity;

     (ii) The selected financial institution arranges for the deposit of the funds in certificates of

deposit in one or more federally insured banks or savings and loan associations, for the account of

the governmental entity;

     (iii) The full amount of the principal and accrued interest of each certificate of deposit is

insured by the Federal Deposit Insurance Corporation;

     (iv) The selected financial institution acts as custodian for the governmental entity with

respect to the certificates of deposit issued for the governmental entity’s account; and

     (v) At the same time that the governmental entity’s funds are deposited and the

certificates of deposit are issued, the selected financial institution receives an amount of deposits

from customers of other banks and savings and loan associations, wherever located, equal to the

amount of funds initially invested by the governmental entity through the selected financial

institution.

     (5) Public deposits placed in accordance with the conditions prescribed in this subsection

shall not be required to be secured by eligible collateral as set forth in chapter 35-10.1.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01866

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