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S1173......................................................by STATE AFFAIRS PUBLIC FUNDS - INVESTMENT - Amends existing law relating to public funds to revise definitions; to provide for the investment of moneys in certain circumstances; to provide that costs of investment may be deducted from investment proceeds; to reference funds invested by the investment board; to provide for certain audit expenses to be paid from earnings reserve funds; to reference funds invested by the investment board; and to provide for the appointment of a custodian for fund assets. 02/26 Senate intro - 1st rdg - to printing 02/27 Rpt prt - to St Aff 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Burkett Floor Sponsor - Little Title apvd - to House 03/08 House intro - 1st rdg - to St Aff 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 62-7-1 AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Chadderdon, Chew, Clark, Collins, Durst, Edmunson, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- Barrett, Bradford, Crane, Eskridge, Hagedorn, Hart, Harwood Absent and excused -- Chavez Floor Sponsor - Bilbao Title apvd - to Senate 03/21 To enrol - Rpt enrol - Pres signed 03/22 Sp signed 03/23 To Governor 03/29 Governor signed Session Law Chapter 263 Effective: 03/29/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1173 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC FUNDS; AMENDING SECTION 57-717, IDAHO CODE, TO REVISE DEFI- 3 NITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 57-720, IDAHO 4 CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO PROVIDE FOR THE INVESTMENT OF 5 OTHER MONEYS IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT COSTS OF INVESTMENT 6 MAY BE DEDUCTED FROM INVESTMENT PROCEEDS, TO REFERENCE FUNDS INVESTED BY 7 THE INVESTMENT BOARD, TO PROVIDE FOR CERTAIN AUDIT EXPENSES TO BE PAID 8 FROM EARNINGS RESERVE FUNDS, TO REFERENCE ENDOWMENT FUNDS AND TO MAKE A 9 TECHNICAL CORRECTION; AMENDING SECTION 57-721, IDAHO CODE, TO REVISE 10 DESCRIPTIVE LANGUAGE, TO REFERENCE FUNDS INVESTED BY THE INVESTMENT BOARD, 11 TO PROVIDE FOR THE APPOINTMENT OF A CUSTODIAN FOR FUND ASSETS AND TO MAKE 12 TECHNICAL CHANGES; AND DECLARING AN EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 57-717, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 57-717. DEFINITIONS. The following words and phrases, when used in this 17actchapter, shall, for the purposes of thisactchapter, have the meanings 18 respectively ascribed to them in this section, except in those instances where 19 the context clearly indicates a different meaning: 20 (1) "Board" and "investment board" meansthe endowment fund investment 21 board herein established. 22 (2) "Endowment fund" means the financial proceeds of lands granted to or 23 acquired by the state by or from the general government and managed by the 24 state board of land commissioners pursuant to section 8, article IX, of the 25 constitution of the state of Idaho. 26 (3) "Income" means dividends and interest, which shall be distributable 27 income within the meaning of thisactchapter. 28 SECTION 2. That Section 57-720, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 57-720.PERMANENT ENDOWMENT FUNDS -- EARNINGS RESERVE FUNDS -- INCOME31FUNDSINVESTMENT AUTHORITY -- INVESTMENT POLICIES -- ANNUAL AUDIT. (1) The 32 investment board or its investment manager(s) may, and are hereby authorized 33 to, invest the permanent endowment funds and the earnings reserve funds of the 34 state of Idaho and other moneys as required by law. The investment board may, 35 with the approval of the state board of land commissioners, invest other funds 36 that are exempt from section 67-1210, Idaho Code, provided however, that the 37 costs of investment of such funds may be deducted by the investment board from 38 investment proceeds. 39 (2) Thepermanent endowment funds and the earnings reservefunds invested 40 by the investment board may be combined or pooled for investment. 41 (3) Earnings reserve funds shall be accounted for separately from perma- 2 1 nent endowment funds. 2 (4) Prior to the annual calculation of gains and losses pursuant to sec- 3 tion 57-724, Idaho Code, the investment board shall allocate the end of fiscal 4 year market value between the permanent endowment funds and the earnings 5 reserve funds. This allocation shall be made based upon the proportion that 6 the market value of the permanent endowment funds and the market value of the 7 earnings reserve funds bear to the combined market value of both sets of 8 funds, at the end of the fiscal year. 9 (5) The investment board shall formulate investment policies governing 10 the investment of permanent endowment funds and earnings reserve funds and the 11 investment of other funds accepted for investment by the investment board pur- 12 suant to subsection (1) of this section. The policies shall pertain to the 13 types, kinds or nature of investment of any of the funds, and any limitations, 14 conditions or restrictions upon the methods, practices or procedures for 15 investment, reinvestments, purchases, sales or exchange transactions, provided 16 such policies shall not conflict with nor be in derogation of any Idaho con- 17 stitutional provision or of the provisions of thisactchapter. 18 (6) Annually, the investment board shall cause an audit to be conducted 19 of the investment of permanent endowment funds and earnings reserve funds, 20 such audit to be conducted by a recognized certified public accountant. The 21 certified public accountant conducting the audit shall not be an employee of 22 the state. The expense of such audit shall be paid fromthe appropriation to23the investment boardearnings reserve funds. 24 (7) The state treasurer shall invest the income funds of the respective 25 endowmentsfunds and distribute the moneys in the income funds according to 26 legislative appropriation. 27 SECTION 3. That Section 57-721, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 57-721. MANAGEMENTOF PERMANENT ENDOWMENT FUNDSBY MANAGER OF INVESTMENTS 30 -- APPOINTMENT OF CUSTODIAN.OF PERMANENT ENDOWMENT FUNDS.(1) The investment 31 board shall contract with or employ a manager of investments to manage the 32 permanent endowment funds,andthe earnings reserve funds, and such other 33 funds as the investment board is authorized to invest. The manager of invest- 34 ments who is employed or contracted with shall, subject to the direction of 35 the investment board, exert control over the funds as though the manager of 36 investments were the owner thereof. 37 (2) The investment board may select and contract with a minimum of one 38 (1) bank or trust company to act as custodian ofendowmentfund assets and 39 provide safekeeping thereof. 40 SECTION 4. An emergency existing therefor, which emergency is hereby 41 declared to exist, this act shall be in full force and effect on and after its 42 passage and approval.
STATEMENT OF PURPOSE RS 17054C1 The purpose of this legislation is to provide for an investment vehicle for funds of a permanent nature to provide that costs of investments may be deducted from the proceeds, to provide that certain audit expenses be paid from earnings reserve funds; to correct technical language in the legislation as referenced, and to provide for the appointment of a custodian for fund assets. Also provides an emergency clause for the immediate use of funds in the event of an emergency. FISCAL NOTE This will allow funds to be invested to a higher long-term period at a higher rate to the beneficiary. Contact Name: Senator Brad Little Phone: 208-332-1303 Larry Johnson 208-334-3312 STATEMENT OF PURPOSE/FISCAL NOTE S 1173