2007 Legislation
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SENATE BILL NO. 1173 – Public funds, investment

SENATE BILL NO. 1173

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN 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
 17    act  chapter,  shall,  for the purposes of this act chapter, 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" means the  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 this act chapter.
                                                                        
 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  --  INCOME
 31    FUNDS  INVESTMENT  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)  The permanent endowment funds and the earnings reserve funds 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 this act chapter.
 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 from the appropriation to
 23    the investment board earnings reserve funds.
 24        (7)  The state treasurer shall invest the income funds of  the  respective
 25    endowments  funds  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.  MANAGEMENT OF PERMANENT ENDOWMENT FUNDS BY 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,  and  the  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 of  endowment  fund  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 / Fiscal Impact



                       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