§ 19-3-518 - Investments in securities and bank certificates of deposit.
               	 		
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                  (ii)  Moneys  required for each such purchase shall be withdrawn from the Cash  Account and paid over to the institution issuing the certificate, and  the principal amount of the certificate shall be credited to the Trust 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.