Z-1404.2          _______________________________________________

                                  HOUSE BILL 2811

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives L. Thomas, Robertson, Hickel, Pelesky, Mitchell, Kessler, Keiser, Blanton, Wolfe, Boldt and Thompson

Read first time 01/22/96.  Referred to Committee on Financial Institutions & Insurance.

Authorizing community and technical college districts and the state board for community and technical colleges to participate with the state in investing surplus funds.

     AN ACT Relating to investments of surplus funds by community and technical college districts and the state board for community and technical colleges; and amending RCW 43.250.010, 43.250.020, and 43.250.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 43.250.010 and 1986 c 294 s 1 are each amended to read as follows:

     The purpose of this chapter is to enable political subdivisions, community and technical college districts, and the state board for community and technical colleges as established in chapter 28B.50 RCW to participate with the state in providing maximum opportunities for the investment of surplus public funds consistent with the safety and protection of such funds.  The legislature finds and declares that the public interest is found in providing maximum prudent investment of surplus funds, thereby reducing the need for additional taxation.  The legislature also recognizes that not all political subdivisions are able to maximize the return on their temporary surplus funds.  The legislature therefore provides in this chapter a mechanism whereby political subdivisions, community and technical colleges, and the state board for community and technical colleges may, at their option, utilize the resources of the state treasurer's office to maximize the potential of surplus funds while ensuring the safety of public funds.

     Sec. 2.  RCW 43.250.020 and 1990 c 106 s 1 are each amended to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

     (1) "Public funds investment account" or "investment pool" means the aggregate of all funds as defined in subsection (((4))) (5) of this section that are placed in the custody of the state treasurer for investment and reinvestment.

     (2) "Political subdivision" means any county, city, town, municipal corporation, political subdivision, or special purpose taxing district in the state.

     (3) "Local government official" means any officer or employee of a political subdivision who has been designated by statute or by local charter, ordinance, or resolution as the officer having the authority to invest the funds of the political subdivision.  However, the county treasurer shall be deemed the only local government official for all political subdivisions for which the county treasurer has exclusive statutory authority to invest the funds thereof.

     (4) "Financial officer" means the board-appointed treasurer of a community or technical college district or the state board for community and technical colleges.

(5) "Funds" means:

     (a) Public funds under the control of or in the custody of any local government official or local funds, as defined by the office of financial management publication "Policies, Regulations and Procedures," under the control of or in the custody of a financial officer by virtue of the official's authority that are not immediately required to meet current demands;

     (b) State funds deposited in the investment pool by the state treasurer that are the proceeds of bonds, notes, or other evidences of indebtedness authorized by the state finance committee under chapter 39.42 RCW or payments pursuant to financing contracts under chapter 39.94 RCW, when the investments are made in order to comply with the Internal Revenue Code of 1986, as amended.

     Sec. 3.  RCW 43.250.040 and 1986 c 294 s 4 are each amended to read as follows:

     If authorized by statute, local ordinance, or resolution, a local government official or financial officer may place funds into the public funds investment account for investment and reinvestment by the state treasurer in those securities and investments set forth in RCW 43.84.080 and chapter 39.58 RCW.  The state treasurer shall invest the funds in such manner as to effectively maximize the yield to the investment pool.  In investing and reinvesting moneys in the public funds investment account and in acquiring, retaining, managing, and disposing of investments of the investment pool, there shall be exercised the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of the funds considering the probable income as well as the probable safety of the capital.

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