View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0508aa....................................................by STATE AFFAIRS JUDGES' RETIREMENT FUND - Amends existing law to provide that the Endowment Fund Investment Board shall select and contract with investment managers at the direction of the Supreme Court; to revise the investment authority relating to the Judges' Retirement Fund; and to provide that the investment board may select and contract with banks and trust companies authorized to do business in Idaho. 01/21 House intro - 1st rdg - to printing 01/22 Rpt prt - to Jud 01/30 Rpt out - Ref'd to St Aff 02/03 Rpt out - to Gen Ord 02/17 Rpt out amen - to engros 02/18 Rpt engros - 1st rdg - to 2nd rdg as amen 02/19 2nd rdg - to 3rd rdg as amen 02/24 3rd rdg as amen - PASSED - 61-6-3 AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bauer, Langford, McKague, Schaefer, Wood Absent and excused -- Edmunson, Roberts, Sali Floor Sponsor - Deal Title apvd - to Senate 02/25 Senate intro - 1st rdg - to St Aff 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand), Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Darrington Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 240 Effective: 01/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 508 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE JUDGES' RETIREMENT FUND; AMENDING SECTION 1-2008, IDAHO CODE, 3 TO PROVIDE THAT THE ENDOWMENT FUND INVESTMENT BOARD AS ESTABLISHED IN CODE 4 SHALL SELECT AND CONTRACT WITH INVESTMENT MANAGERS AT THE DIRECTION OF THE 5 SUPREME COURT, TO REVISE THE INVESTMENT AUTHORITY RELATING TO THE JUDGES' 6 RETIREMENT FUND, TO MAKE GRAMMATICAL CORRECTIONS AND TO PROVIDE THAT THE 7 INVESTMENT BOARD MAY SELECT AND CONTRACT WITH BANKS AND TRUST COMPANIES 8 LICENSED TO DO BUSINESS IN IDAHO; DECLARING AN EMERGENCY AND PROVIDING FOR 9 RETROACTIVE APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 1-2008, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 1-2008. INVESTMENT OF JUDGES' RETIREMENT FUND. (1) The endowment fund 14 investment board established in section 57-718, Idaho Code, shall at the 15 direction of the supreme court select and contract witha minimum of one (1)16 investment managers to manage the investment of the judges' retirement fund. 17 The investment manager(s)shall, subject to the direction of the board, exert 18 control over the funds as though the investment manager(s)were the owner 19 thereof, subject to the limitationand are hereby authorized to invest the 20 judges' retirement fund as hereinafter provided.The investment manager(s) is21hereby authorized to invest the judges' retirement fund in the following man-22ner and in the following investments or securities and none others:23(1) Bonds, notes or other obligations of the United States or any agency24or instrumentality thereof.25(2) Money market mutual funds.26(3) Bonds, notes, or other obligations of the state of Idaho and its27political subdivisions, or bonds, notes, or other obligations of other states28and their political subdivisions, provided such bonds, notes, or other obliga-29tions or the issuing agency for other than the state of Idaho and its politi-30cal subdivisions have, at the time of their purchase, an AAA rating by a com-31monly known rating service.32(4) Bonds, debentures or notes of any corporation organized, controlled,33and operating within the United States which have, at the time of their pur-34chase, an A rating or higher by a commonly known rating service.35(5) Corporate obligations designated as corporate convertible debt secu-36rities.37(6) Obligations secured by mortgages constituting a first lien upon real38property of the state of Idaho which are fully insured or guaranteed as to the39payment of the principal by the government of the United States or any agency40thereof.41(7) Time certificates of deposit and savings accounts.42(8) Common or preferred stocks of corporations.43(9) Commercial paper, which at the time of purchase, is rated prime 1 by2 1moody's investors service incorporated or is rated A-1 or higher by standard2and poor's corporation.3 (a) Subject to the approval of the supreme court, the investment board 4 shall formulate an investment policy governing the investment of judges' 5 retirement funds. The policy shall pertain to the types, kinds or nature 6 of investment of any of the funds, and any limitations, conditions or 7 restrictions upon the methods, practices or procedures for investment, 8 reinvestments, purchases, sales or exchange transactions, provided such 9 policy shall not conflict with nor be in derogation of any Idaho constitu- 10 tional provision or of the provisions of this chapter. Provided further, 11 the supreme court may, in its sole discretion, limit any of the invest- 12 ments permitted by the investment policy. 13 (b) In acquiring, investing, reinvesting, exchanging, retaining, selling 14 and managing the moneys and securities of the fund,theinvestment 15 manager(s)shall also be governed by the prudent man investment act, sec- 16 tions 68-501 through 68-506, Idaho Code; provided, however, that the 17 supreme court may in its sole discretion, limit the types, kinds and 18 amounts of such investments. 19 (2) The investment board shall be responsible for assuring that the 20 investment manager(s)compliescomply with thisactsection. 21 (3) The investment board, subject to the approval of the supreme court, 22 is hereby authorized to select and contract with a bank or trust company 23locatedlicensed to do business in the state of Idaho, to act as custodian of 24 the judges' retirement fund, who shall hold all securities and moneys of the 25 judges' retirement fund and shall collect the principal, dividends and inter- 26 est thereof when due and pay the same into the judges' retirement fund. 27 (4) The state treasurer shall pay all warrants drawn on the judges' 28 retirement fund for making such investments when issued pursuant to vouchers 29 signed by the chief justice of the supreme court. 30 SECTION 2. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval, and retroactively to January 1, 2004.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Langhorst Seconded by Campbell IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 508 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 23, delete "licensed" and insert: 3 "authorized". 4 CORRECTION TO TITLE 5 On page 1, in line 8, delete "LICENSED" and insert: "AUTHORIZED".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 508, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE JUDGES' RETIREMENT FUND; AMENDING SECTION 1-2008, IDAHO CODE, 3 TO PROVIDE THAT THE ENDOWMENT FUND INVESTMENT BOARD AS ESTABLISHED IN CODE 4 SHALL SELECT AND CONTRACT WITH INVESTMENT MANAGERS AT THE DIRECTION OF THE 5 SUPREME COURT, TO REVISE THE INVESTMENT AUTHORITY RELATING TO THE JUDGES' 6 RETIREMENT FUND, TO MAKE GRAMMATICAL CORRECTIONS AND TO PROVIDE THAT THE 7 INVESTMENT BOARD MAY SELECT AND CONTRACT WITH BANKS AND TRUST COMPANIES 8 AUTHORIZED TO DO BUSINESS IN IDAHO; DECLARING AN EMERGENCY AND PROVIDING 9 FOR RETROACTIVE APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 1-2008, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 1-2008. INVESTMENT OF JUDGES' RETIREMENT FUND. (1) The endowment fund 14 investment board established in section 57-718, Idaho Code, shall at the 15 direction of the supreme court select and contract witha minimum of one (1)16 investment managers to manage the investment of the judges' retirement fund. 17 The investment manager(s)shall, subject to the direction of the board, exert 18 control over the funds as though the investment manager(s)were the owner 19 thereof, subject to the limitationand are hereby authorized to invest the 20 judges' retirement fund as hereinafter provided.The investment manager(s) is21hereby authorized to invest the judges' retirement fund in the following man-22ner and in the following investments or securities and none others:23(1) Bonds, notes or other obligations of the United States or any agency24or instrumentality thereof.25(2) Money market mutual funds.26(3) Bonds, notes, or other obligations of the state of Idaho and its27political subdivisions, or bonds, notes, or other obligations of other states28and their political subdivisions, provided such bonds, notes, or other obliga-29tions or the issuing agency for other than the state of Idaho and its politi-30cal subdivisions have, at the time of their purchase, an AAA rating by a com-31monly known rating service.32(4) Bonds, debentures or notes of any corporation organized, controlled,33and operating within the United States which have, at the time of their pur-34chase, an A rating or higher by a commonly known rating service.35(5) Corporate obligations designated as corporate convertible debt secu-36rities.37(6) Obligations secured by mortgages constituting a first lien upon real38property of the state of Idaho which are fully insured or guaranteed as to the39payment of the principal by the government of the United States or any agency40thereof.41(7) Time certificates of deposit and savings accounts.42(8) Common or preferred stocks of corporations.43(9) Commercial paper, which at the time of purchase, is rated prime 1 by2 1moody's investors service incorporated or is rated A-1 or higher by standard2and poor's corporation.3 (a) Subject to the approval of the supreme court, the investment board 4 shall formulate an investment policy governing the investment of judges' 5 retirement funds. The policy shall pertain to the types, kinds or nature 6 of investment of any of the funds, and any limitations, conditions or 7 restrictions upon the methods, practices or procedures for investment, 8 reinvestments, purchases, sales or exchange transactions, provided such 9 policy shall not conflict with nor be in derogation of any Idaho constitu- 10 tional provision or of the provisions of this chapter. Provided further, 11 the supreme court may, in its sole discretion, limit any of the invest- 12 ments permitted by the investment policy. 13 (b) In acquiring, investing, reinvesting, exchanging, retaining, selling 14 and managing the moneys and securities of the fund,theinvestment 15 manager(s)shall also be governed by the prudent man investment act, sec- 16 tions 68-501 through 68-506, Idaho Code; provided, however, that the 17 supreme court may in its sole discretion, limit the types, kinds and 18 amounts of such investments. 19 (2) The investment board shall be responsible for assuring that the 20 investment manager(s)compliescomply with thisactsection. 21 (3) The investment board, subject to the approval of the supreme court, 22 is hereby authorized to select and contract with a bank or trust company 23locatedauthorized to do business in the state of Idaho, to act as custodian 24 of the judges' retirement fund, who shall hold all securities and moneys of 25 the judges' retirement fund and shall collect the principal, dividends and 26 interest thereof when due and pay the same into the judges' retirement fund. 27 (4) The state treasurer shall pay all warrants drawn on the judges' 28 retirement fund for making such investments when issued pursuant to vouchers 29 signed by the chief justice of the supreme court. 30 SECTION 2. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval, and retroactively to January 1, 2004.
STATEMENT OF PURPOSE RS 13600 Under the current Idaho Code 1-2008, allowable investments for the Judges' Retirement Fund are restricted to those specified in the statute. The statute is more restrictive than the policies followed by other investment funds, including those for the Public Employee Retirement System and Idaho Endowment Funds. The change allows a prudent investment policy to be developed by the Endowment Fund Investment Board (EFIB), subject to the review and approval of the Supreme Court. Removing this from statute will allow greater flexibility to diversify the portfolio, improving the risk/return profile and decreasing costs. Finally, with the consolidation in the banking industry, it has become increasingly difficult to find a bank or trust company located in the state of Idaho that can provide top-tier custodial services. Requiring only licensing in the state will provide a wider array of alternatives. FISCAL IMPACT By changing the allowable investments, the Judges' Retirement Fund will be able to participate in newer investment vehicles such as co-mingled equity funds. By way of example, this would allow the EFIB to gain the current exposure the fund has to a broad market equity index at a cost of 1 basis point versus the current 20 basis points. The fee saving from this change alone would add more than $66,000 to the fund annually. Additionally, allowing the Judges' Retirement Fund to use the same custodian as EFIB and the State Insurance Fund will allow us to receive discounts based on asset size resulting in saving for all the funds and the State of Idaho. Contact Name: Matthew J. Haertzen Idaho Endowment Fund Investment Board Phone: 334-3311 STATEMENT OF PURPOSE/FISCAL NOTE H 508