§ 19-3-518 - Investments in securities and bank certificates of deposit. - Arkansas Statutes

19-3-518. Investments in securities and bank certificates of deposit.

(a) (1) Trust Funds. In addition to securities of the character eligible under the laws of this state for the investment of the several trust funds on the records of the Treasurer of State, certificates of deposit of banks and savings and loan associations shall be eligible for the investment of such funds.

(2) (A) The administrators of each state retirement system and of other trust accounts shall, from time to time, review the flow of moneys through the trust fund in the State Treasury over which that administrator shall have control, all for the purpose of estimating the amounts of such moneys as may be surplus to the immediate requirements of such account as provided for by law.

(B) (i) (a) After taking into consideration any proposal for the immediate investment of such funds in securities, and to the extent of the amount of any estimated surplus which shall exist, the administrator shall certify to the Treasurer of State the amount thereof and the period of time during which such amount shall not be required.

(b) The Treasurer of State shall invest the amount so certified in certificates of deposit issued by eligible banks and savings and loan associations.

(c) If the Treasurer of State is unable to place the certified amount in certificates of deposit, then the remainder may be placed in securities with the administrator's approval.

(ii) Moneys required for each such purchase shall be withdrawn from the Cash Account and paid over to the institution issuing the certificate, and the principal amount of the certificate shall be credited to the Trust Deposit Account.

(iii) The certificates of deposit shall be secured to such extent and in such manner as may be provided by law and otherwise as the Treasurer of State shall require.

(iv) (a) Interest on such bank certificates of deposit shall be paid at such rates as the Treasurer of State shall prescribe.

(b) All interest income derived from the certificates of deposit or other investments shall be credited as trust fund income to the account of the trust fund used in making such purchase.

(3) At all times, the Securities Reserve Fund shall be maintained on demand deposit in depository banks, and nothing contained in this subsection shall be applicable to such fund.

(b) (1) (A) State Funds. The State Board of Finance may direct that a portion of state funds be invested in certificates of deposit in the State Treasury Certificate of Deposit Investment Program as provided in 19-3-519.

(B) The remaining portion may be invested in certificates of deposit, in securities as outlined in 23-47-401 without limitation or as approved in the Treasurer of State's investment policy, and in obligations of corporations organized under the provisions of the Arkansas Development Finance Corporation Act, 15-4-901 et seq., and issued under the Arkansas Development Finance Corporation Act, 15-4-901 et seq., to the extent of forty-eight million dollars ($48,000,000), according to the guidelines established in the Treasurer of State's investment policy as approved by the board.

(2) (A) Moneys required for each such purchase shall be withdrawn from the Cash Account and paid over to the seller of the securities, and the cost of the securities shall be credited to the Securities Account.

(B) The proceeds of the sale or redemption of securities at any time withdrawn from the Securities Account shall be deposited in the Cash Account in the State Treasury.

(C) (i) In all purchases, sales, and redemptions of securities, as provided in this subsection, discounts and premiums shall be credited or charged, as the case may be, to the Securities Reserve Fund.

(ii) All such discounts and premiums which are increments and all interest received on securities at any time held in the Securities Account shall be classified as trust fund income and credited to the Securities Reserve Fund by the Treasurer of State.

(3) (A) All purchases and sales by the Treasurer of State may be in the open market upon receipt of not less than two (2) quotation bids, or as defined in the Treasurer of State's investment policy as approved by the board.

(B) (i) However, the board may subscribe for any such obligations which are offered by the United States Treasury Department.

(ii) Any such obligations at any time held by the board may be exchanged for other such obligations in instances where an exchange privilege has been extended by the United States Treasury Department.

(4) (A) All obligations of any corporation organized under the Arkansas Development Finance Corporation Act, 15-4-901 et seq., purchased as authorized in this section shall bear a maturity date not to exceed ten (10) years and shall be purchased at par pursuant to an annual commitment to the corporation under such conditions as may be determined by the board.

(B) Prior to the purchase of any obligations by the corporation, there shall be furnished to the board, without cost to it, the opinion of legal counsel acceptable to the board approving the validity of the issue and reciting that, in the opinion of the counsel, the obligations to be purchased by the board are the duly authorized, legally binding obligations of the corporation and specifying the security therefor as to which any lien or pledge has been created.

(5) (A) All or any part of the bonds of local industrial development corporations, authorized and issued under the provisions of the Arkansas Industrial Development Act, 15-4-101 et seq., and all or any part of the bonds of municipalities and counties, authorized and issued under the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, 14-164-201 et seq., and all or any part of the obligations of development finance corporations authorized and issued under the provisions of the Arkansas Development Finance Corporation Act, 15-4-901 et seq., at any time held in the Securities Account in the State Treasury, may be sold by the board at public sale or at private sale, as the board shall determine.

(B) However, in any private sale, the sales price of the bonds or obligations shall not be less than the amount paid therefor.

(6) The board provides ministerial authority to the Treasurer of State to take whatever action becomes necessary in regard to securities held in the Securities Account to provide the requisite amount of cash necessary in demand deposit accounts to carry out the business of the state or to correct any miscalculations which have arisen.

(7) (A) No purchase, exchange, or receipt of obligations by the board shall ever be construed as a cancellation of the obligations so purchased, exchanged, or received.

(B) All such obligations shall be held in trust for the use and benefit of the various state funds used in such purchases, this trust being subject only to the right of the board to sell or exchange such obligations whenever, in its opinion, the best interest of the state may be served.

(8) (A) The board shall meet as called to evaluate, discuss, review, and authorize the deposit and investment of State Treasury funds to be made during the period before the next meeting of the board.

(B) The deposit and investment of such funds and the purchase and sale of permissible securities may be made at any time by the Treasurer of State under the guidelines in the Treasurer of State's investment policy reviewed and approved by the board.

(9) (A) In order to increase investment income with minimal risk, the Treasurer of State may loan securities held in the Securities Account, but only if, at the time the loan is executed, at least one hundred two percent (102%) of the full market value of the security loaned is collateralized by cash or securities guaranteed by the United States Government or an agency of the United States Government.

(B) At all times during the term of the loan, the collateral shall be equal to not less than one hundred percent (100%) of the full market value calculated on the total value of all securities on loan.

(C) For purposes of this section, the value of the collateral shall be determined on a daily basis.

(c) (1) Federal Funds. The board may invest federal funds, as described in 19-7-101 et seq., the same as state funds that are authorized by subsection (b) of this section.

(2) The proceeds of the investments of federal funds shall be used for the same purpose as that authorized for other moneys accruing to the benefit of the Securities Reserve Fund as authorized by 19-3-521.

(d) (1) Interest-Bearing Funds. The board may invest funds deposited in the State Treasury by state agencies, boards, and commissions that were previously held as cash funds in financial institutions other than the State Treasury in order to enhance investment opportunities and earnings.

(2) The board may invest interest-bearing funds the same as state funds are authorized in subsection (b) of this section.

(3) The interest earned on these investments shall be credited back to the fund.

(4) On the first day of business of the month, the Treasurer of State shall compute the average daily balance of this fund, including all internal accounts and funds, during the preceding month and shall transfer on that day to the participants of the fund interest on the average daily balance to be computed at a rate equivalent to the average rate of interest earned on all State Treasury funds invested in fixed-income securities and in money market accounts during the preceding month less its proportionate share of any assessments for the expenses of administration.