As Reported by House Financial Institutions Committee        1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 473    5            

      1999-2000                                                    6            


     REPRESENTATIVES MYERS-SCHULER-ALLEN-JOLIVETTE-HARTNETT-       8            

    CLANCY-OLMAN-METZGER-DISTEL-EVANS-VERICH-MAIER-D. MILLER       9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 9.37, 129.60, 135.12, 135.14,       12           

                135.18, 135.181, 135.33, 135.341, 135.35, 135.37,  14           

                307.55, 319.16, 321.15, 321.16, and 321.17 of the               

                Revised Code to modify the investment authority    16           

                of counties and political subdivisions relative                 

                to the types of investments made, the collateral   17           

                requirements applicable to the receipt of public   18           

                funds, and the investment of public funds in       20           

                repurchase agreements; to modify the designation   21           

                period of public depositories by the State Board   22           

                of Deposit, and by county commissioners, and the   23           

                designation authority of political subdivisions;                

                to authorize a political subdivision or a county   24           

                investment advisory committee to retain the        25           

                services of an investment advisor meeting certain               

                requirements; to modify investment recordkeeping   26           

                requirements of county treasurers and authorize    27           

                electronic presentment of warrant information to   28           

                a county treasurer; to permit county auditors to   30           

                issue, and county treasurers to redeem,                         

                electronic warrants authorizing direct deposit     31           

                for payment of county obligations in accordance    32           

                with rules adopted by the Auditor of State; and    33           

                to make related changes.                                        




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

                                                          2      


                                                                 
      Section 1. That sections 9.37, 129.60, 135.12, 135.14,       37           

135.18, 135.181, 135.33, 135.341, 135.35, 135.37, 307.55, 319.16,  38           

321.15, 321.16, and 321.17 of the Revised Code be amended to read  40           

as follows:                                                                     

      Sec. 9.37.  (A)  As used in this section, "public official"  49           

means any elected or appointed officer, employee, or agent of the  50           

state, any state institution of higher education, any political    51           

subdivision, board, commission, bureau, or other public body       52           

established by law.  "State institution of higher education"       53           

means any state university or college as defined in division       54           

(A)(1) of section 3345.12 of the Revised Code, community college,  55           

state community college, university branch, or technical college.  56           

      (B)  Any EXCEPT AS PROVIDED IN DIVISION (F) OF THIS          58           

SECTION, ANY public official may make by direct deposit of funds   60           

by electronic transfer, if the payee provides a written                         

authorization designating a financial institution and an account   61           

number to which the payment is to be credited, any payment such    62           

public official is permitted or required by law in the             63           

performance of his OFFICIAL duties to make by issuing a check or   64           

warrant.                                                           65           

      (C)  Such public official may contract with a financial      67           

institution for the services necessary to make direct deposits     68           

and draw lump-sum checks or warrants payable to that institution   69           

in the amount of the payments to be transferred.                   70           

      (D)  Before making any direct deposit as authorized under    72           

this section, the public official shall ascertain that the         73           

account from which the payment is to be made contains sufficient   74           

funds to cover the amount of the payment.                          75           

      (E)  If the issuance of checks and warrants by a public      77           

official requires authorization by a governing board, commission,  78           

bureau, or other public body having jurisdiction over the public   79           

official, the public official may only make direct deposits and    80           

contracts under this section pursuant to a resolution of           81           

authorization duly adopted by such governing board, commission,    82           

                                                          3      


                                                                 
bureau, or other public body.                                      83           

      (F)  PURSUANT TO SECTIONS 307.55, 319.16, AND 321.15 OF THE  85           

REVISED CODE, A COUNTY AUDITOR MAY ISSUE, AND A COUNTY TREASURER   86           

MAY REDEEM, ELECTRONIC WARRANTS AUTHORIZING DIRECT DEPOSIT FOR     87           

PAYMENT OF COUNTY OBLIGATIONS IN ACCORDANCE WITH RULES ADOPTED BY  88           

THE AUDITOR OF STATE PURSUANT TO SECTION 117.20 OF THE REVISED     89           

CODE.                                                                           

      Sec. 129.60.  (A)  As used in sections 129.60 to 129.65 and  98           

135.12 of the Revised Code, "notes" include notes whether or not   99           

issued in anticipation of bonds.                                   100          

      The total debt created as evidenced by bonds and notes       102          

issued under Section 2h of Article VIII, Ohio Constitution, shall  103          

not exceed two hundred ninety million dollars.  No part of such    104          

debt shall be contracted after December 31, 1970.                  105          

      For the purposes of the certifications required by section   107          

129.63 of the Revised Code there need not be included in           108          

determining the amounts required to meet the payments of           109          

principal of bonds or notes issued pursuant to Section 2h of       110          

Article VIII, Ohio Constitution, and this section, the principal   111          

of notes which the commissioners of the sinking fund certify will  112          

be retired by the issuance of bonds or renewal notes.              113          

      (B)(1)  All bonds or notes shall mature at such time or      115          

times, not exceeding thirty years from the date the debt is first  116          

contracted, as may be fixed by the commissioners of the sinking    117          

fund in their resolution authorizing the issuance of such bonds    118          

or notes.                                                          119          

      (2)  The principal of all bonds or notes and the interest    121          

thereon shall be exempt from all taxes levied by the state or any  122          

taxing subdivision or district thereof.                            123          

      (3)  All bonds or notes shall pass as negotiable             125          

instruments, subject to any provisions for registration, and       126          

shall possess all the attributes thereof.                          127          

      (C)  Accrued interest received from the sale of bonds and    129          

notes and the proceeds of bonds or notes issued to fund or refund  130          

                                                          4      


                                                                 
bonds or notes shall be paid into the development bond retirement  131          

fund created by Section 2h of Article VIII, Ohio Constitution.     132          

      Sec. 135.12.  The (A)  BEGINNING IN 2000, THE state board    142          

of deposit shall meet on the third Monday of March JUNE in the     143          

odd-numbered EVEN-NUMBERED years for the purpose of designating    145          

the public depositories of the public moneys of the state, and at  146          

such meeting or any adjourned session thereof shall designate      147          

such public depositories and award the public moneys of the state  148          

to and among the public depositories so designated for the period  149          

of two years commencing on the first Monday of April JULY next     150          

following.                                                                      

      (B)  Each other governing board OTHER THAN THE STATE BOARD   153          

OF DEPOSIT shall meet every five years on the third Monday or      155          

such regularly scheduled meeting date of the month next preceding  156          

the date of the expiration of its designation of depositories for  157          

the purpose of designating the public depositories of the public   158          

moneys of the subdivision, and at such meeting or any adjourned    159          

session thereof, shall designate such public depositories and      160          

award the public moneys of the subdivision to and among the        161          

public depositories so designated for the period of five years     162          

commencing on the date of the expiration of the next preceding     163          

designation.  Such THE designation and award shall be made in      164          

duplicate; one copy shall be retained by the governing board of    165          

the subdivision and one copy shall be certified to the treasurer.  166          

      (C)  If a governing board other than the state board of      168          

deposit determines, during a designation period, that a public     170          

depository designated under this section is insolvent or           171          

operating in an unsound or unsafe manner, the governing board may  172          

meet and designate a different public depository of the public     173          

moneys of the subdivision for the remainder of the designation                  

period.                                                                         

      (D)  IF A GOVERNING BOARD OTHER THAN THE STATE BOARD OF      175          

DEPOSIT DETERMINES DURING A DESIGNATION PERIOD THAT IT IS          176          

NECESSARY AND IN THE SUBDIVISION'S BEST INTERESTS TO APPOINT       177          

                                                          5      


                                                                 
ADDITIONAL DEPOSITORIES, THE GOVERNING BOARD MAY MEET AND          178          

DESIGNATE ONE OR MORE ADDITIONAL PUBLIC DEPOSITORIES OF THE                     

PUBLIC MONEYS OF THE SUBDIVISION FOR THE REMAINDER OF THE          179          

DESIGNATION PERIOD.                                                             

      (E)  Whenever, by amendment or enactment of any state or     181          

federal law or the amendment or adoption of any valid regulation   182          

thereunder, the terms of a designation or award, lawful at the     183          

beginning of any designation period, cease to be lawful during     185          

such period, and if such THE change of law or regulation           186          

requires, the designation period shall be limited so as not to     189          

extend beyond the date when such THAT change becomes effective.    190          

In such case, the proper governing board shall meet and designate  192          

the public depositories of the public moneys of the state or of    193          

the subdivision for the remainder of the designation period.       194          

      Sec. 135.14.  (A)  As used in this section, "treasurer"      203          

does not include the treasurer of state, and "governing board"     204          

does not include the state board of deposit.                       205          

      (B)  The treasurer or governing board may invest or deposit  207          

any part or all of the interim moneys.  The following              209          

classifications of obligations shall be eligible for such          210          

investment or deposit:                                                          

      (1)  United States treasury bills, notes, bonds, or any      212          

other obligation or security issued by the United States treasury  213          

or any other obligation guaranteed as to principal and interest    214          

by the United States.                                                           

      Nothing in the classification of eligible obligations set    216          

forth in division (B)(1) of this section or in the                 217          

classifications of eligible obligations set forth in divisions     218          

(B)(2) to (6)(7) of this section shall be construed to authorize   220          

any investment in stripped principal or interest obligations of    221          

such eligible obligations.                                                      

      (2)  Bonds, notes, debentures, or any other obligations or   223          

securities issued by any federal government agency or              224          

instrumentality, including but not limited to, the federal         225          

                                                          6      


                                                                 
national mortgage association, federal home loan bank, federal     226          

farm credit bank, federal home loan mortgage corporation,          227          

government national mortgage association, and student loan                      

marketing association.  All federal agency securities shall be     228          

direct issuances of federal government agencies or                 229          

instrumentalities.                                                              

      (3)  Interim deposits in the eligible institutions applying  231          

for interim moneys as provided in section 135.08 of the Revised    232          

Code.  The award of interim deposits shall be made in accordance   233          

with section 135.09 of the Revised Code and the treasurer or the   234          

governing board shall determine the periods for which such         235          

interim deposits are to be made and shall award such interim       236          

deposits for such periods, provided that any eligible institution  237          

receiving an interim deposit award may, upon notification that     238          

the award has been made, decline to accept the interim deposit in  239          

which event the award shall be made as though such institution     240          

had not applied for such interim deposit.                          241          

      (4)  Bonds and other obligations of this state;              243          

      (5)  No-load money market mutual funds consisting            245          

exclusively of obligations described in division (B)(1) or (2) of  247          

this section and repurchase agreements secured by such                          

obligations, provided that investments in securities described in  249          

this division are made only through eligible institutions                       

mentioned in section 135.03 of the Revised Code;                   250          

      (6)  The Ohio subdivision's fund as provided in section      252          

135.45 of the Revised Code;                                        253          

      (7)  UP TO TWENTY-FIVE PER CENT OF INTERIM MONEYS AVAILABLE  255          

FOR INVESTMENT IN EITHER OF THE FOLLOWING:                         256          

      (a)  COMMERCIAL PAPER NOTES ISSUED BY AN ENTITY THAT IS      258          

DEFINED IN DIVISION (D) OF SECTION 1705.01 OF THE REVISED CODE     259          

AND THAT HAS ASSETS EXCEEDING FIVE HUNDRED MILLION DOLLARS, TO     261          

WHICH NOTES ALL OF THE FOLLOWING APPLY:                            262          

      (i)  THE NOTES ARE RATED AT THE TIME OF PURCHASE IN THE      264          

HIGHEST CLASSIFICATION ESTABLISHED BY AT LEAST TWO NATIONALLY      265          

                                                          7      


                                                                 
RECOGNIZED STANDARD RATING SERVICES.                               266          

      (ii)  THE AGGREGATE VALUE OF THE NOTES DOES NOT EXCEED TEN   268          

PER CENT OF THE AGGREGATE VALUE OF THE OUTSTANDING COMMERCIAL      270          

PAPER OF THE ISSUING CORPORATION.                                  271          

      (iii)  THE NOTES MATURE NOT LATER THAN ONE HUNDRED EIGHTY    273          

DAYS AFTER PURCHASE.                                               275          

      (b)  BANKERS ACCEPTANCES OF BANKS THAT ARE INSURED BY THE    277          

FEDERAL DEPOSIT INSURANCE CORPORATION AND TO WHICH BOTH OF THE     278          

FOLLOWING APPLY:                                                   279          

      (i)  THE OBLIGATIONS ARE ELIGIBLE FOR PURCHASE BY THE        281          

FEDERAL RESERVE SYSTEM.                                            282          

      (ii)  THE OBLIGATIONS MATURE NOT LATER THAN ONE HUNDRED      284          

EIGHTY DAYS AFTER PURCHASE.                                        286          

      NO INVESTMENT SHALL BE MADE PURSUANT TO DIVISION (B)(7) OF   288          

THIS SECTION UNLESS THE TREASURER OR GOVERNING BOARD HAS           289          

COMPLETED ADDITIONAL TRAINING FOR MAKING THE INVESTMENTS           290          

AUTHORIZED BY DIVISION (B)(7) OF THIS SECTION.  THE TYPE AND       291          

AMOUNT OF ADDITIONAL TRAINING SHALL BE APPROVED BY THE AUDITOR OF  292          

STATE AND MAY BE CONDUCTED BY OR PROVIDED UNDER THE SUPERVISION    294          

OF THE AUDITOR OF STATE.                                                        

      (C)  Nothing in the classifications of eligible obligations  296          

set forth in divisions (B)(1) to (6)(7) of this section shall be   297          

construed to authorize any investment in a derivative, and no      299          

treasurer or governing board shall invest in a derivative.  For    300          

purposes of this division, "derivative" means a financial          301          

instrument or contract or obligation whose value or return is      302          

based upon or linked to another asset or index, or both, separate  303          

from the financial instrument, contract, or obligation itself.                  

Any security, obligation, trust account, or other instrument that  304          

is created from an issue of the United States treasury or is       305          

created from an obligation of a federal agency or instrumentality  306          

or is created from both is considered a derivative instrument.     307          

An eligible investment described in this section with a variable   308          

interest rate payment, based upon a single interest payment or     309          

                                                          8      


                                                                 
single index comprised of other eligible investments provided for  310          

in division (B)(1) or (2) of this section, is not a derivative,    311          

provided that such variable rate investment has a maximum                       

maturity of two years.                                             312          

      (D)  Any EXCEPT AS PROVIDED IN DIVISION (E) OF THIS          314          

SECTION, ANY investment made pursuant to this section must mature  315          

within five years from the date of settlement, unless the          316          

investment is matched to a specific obligation or debt of the      317          

subdivision.                                                       318          

      (E)  The treasurer or governing board may also enter into a  320          

written repurchase agreement with any eligible institution         321          

mentioned in section 135.03 of the Revised Code or any eligible    322          

dealer pursuant to division (M) of this section, under the terms   323          

of which agreement the treasurer or governing board purchases,     324          

and such institution or dealer agrees unconditionally to           325          

repurchase any of the securities listed in division DIVISIONS      326          

(B)(1) or (2) TO (5), EXCEPT LETTERS OF CREDIT DESCRIBED IN        327          

DIVISION (B)(2), of this section 135.18 OF THE REVISED CODE.  The  330          

market value of securities subject to an overnight WRITTEN                      

repurchase agreement must exceed the principal value of the        331          

overnight WRITTEN repurchase agreement by at least two per cent.   332          

A term WRITTEN repurchase agreement shall not exceed thirty days   334          

and the market value of securities subject to a term WRITTEN       335          

repurchase agreement must exceed the principal value of the term   336          

WRITTEN repurchase agreement by at least two per cent and be       337          

marked to market daily.  All securities purchased pursuant to      339          

this division shall be delivered into the custody of the                        

treasurer or governing board or an agent designated by the         340          

treasurer or governing board.  A WRITTEN repurchase agreement      341          

with an eligible securities dealer shall be transacted on a        343          

delivery versus payment basis.  The agreement shall contain the    344          

requirement that for each transaction pursuant to the agreement    345          

the participating institution or dealer shall provide all of the   346          

following information:                                                          

                                                          9      


                                                                 
      (1)  The par value of the securities;                        348          

      (2)  The type, rate, and maturity date of the securities;    350          

      (3)  A numerical identifier generally accepted in the        352          

securities industry that designates the securities.                353          

      No treasurer or governing board shall enter into a written   355          

repurchase agreement under the terms of which the treasurer or     356          

governing board agrees to sell securities owned by the             357          

subdivision to a purchaser and agrees with that purchaser to       358          

unconditionally repurchase those securities.                                    

      (F)  No treasurer or governing board shall make an           360          

investment under this section, unless the treasurer or governing   361          

board, at the time of making the investment, reasonably expects    362          

that the investment can be held until its maturity.                363          

      (G)  No treasurer or governing board shall pay interim       365          

moneys into a fund established by another subdivision, treasurer,  366          

governing board, or investing authority, if that fund was          367          

established for the purpose of investing the public moneys of      368          

other subdivisions.  This division does not apply to the payment   369          

of public moneys into either of the following:                                  

      (1)  The Ohio subdivision's fund pursuant to division        372          

(B)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     374          

constructing, owning, leasing, or operating municipal utilities    375          

pursuant to the authority provided under section 715.02 of the     376          

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     377          

      For purposes of division (G) of this section, "subdivision"  379          

includes a county.                                                 380          

      (H)  The use of leverage, in which the treasurer or          382          

governing board uses its current investment assets as collateral   383          

for the purpose of purchasing other assets, is prohibited.  The    384          

issuance of taxable notes for the purpose of arbitrage is          385          

prohibited.  Contracting to sell securities that have not yet      386          

been acquired by the treasurer or governing board, for the                      

purpose of purchasing such securities on the speculation that      387          

                                                          10     


                                                                 
bond prices will decline, is prohibited.                           388          

      (I)  Whenever, during a period of designation, the           390          

treasurer classifies public moneys as interim moneys, the          391          

treasurer shall notify the governing board of such action.  Such   392          

THE notification shall be given within thirty days after such      393          

classification and in the event the governing board does not       394          

concur in such classification or in the investments or deposits    395          

made under this section, the governing board may order the         396          

treasurer to sell or liquidate any of such investments or          397          

deposits, and any such order shall specifically describe the       398          

investments or deposits and fix the date upon which they are to    399          

be sold or liquidated.  Investments or deposits so ordered to be   400          

sold or liquidated shall be sold or liquidated for cash by the     401          

treasurer on the date fixed in such order at the then current      402          

market price.  Neither the treasurer nor the members of the board  403          

shall be held accountable for any loss occasioned by sales or      404          

liquidations of investments or deposits at prices lower than       405          

their cost.  Any loss or expense incurred in making such sales or  406          

liquidations is payable as other expenses of the treasurer's       407          

office.                                                                         

      (J)  If any investments or deposits purchased under the      409          

authority of this section are issuable to a designated payee or    410          

to the order of a designated payee, the name of the treasurer and  411          

the title of the treasurer's office shall be so designated.  If    412          

any such securities are registrable either as to principal or      413          

interest, or both, then such securities shall be registered in     414          

the name of the treasurer as such.                                 415          

      (K)  The treasurer is responsible for the safekeeping of     417          

all documents evidencing a deposit or investment acquired by the   418          

treasurer under this section.  Any securities may be deposited     419          

for safekeeping with a qualified trustee as provided in section    420          

135.18 of the Revised Code, except the delivery of securities      421          

acquired under any repurchase agreement under this section shall   422          

be made to a qualified trustee, provided, however, that the        423          

                                                          11     


                                                                 
qualified trustee shall be required to report to the treasurer,    424          

governing board, auditor of state, or an authorized outside        425          

auditor at any time upon request as to the identity, market        426          

value, and location of the document evidencing each security, and  427          

that if the participating institution is a designated depository   428          

of the subdivision for the current period of designation, the      429          

securities that are the subject of the repurchase agreement may    430          

be delivered to the treasurer or held in trust by the              431          

participating institution on behalf of the subdivision.  Interest  432          

earned on any investments or deposits authorized by this section   433          

shall be collected by the treasurer and credited by the treasurer  435          

to the proper fund of the subdivision.                                          

      Upon the expiration of the term of office of a treasurer or  437          

in the event of a vacancy in the office of treasurer by reason of  438          

death, resignation, removal from office, or otherwise, the         439          

treasurer or the treasurer's legal representative shall transfer   440          

and deliver to the treasurer's successor all documents evidencing  441          

a deposit or investment held by the treasurer.  For the            442          

investments and deposits so transferred and delivered, such        443          

treasurer shall be credited with and the treasurer's successor     444          

shall be charged with the amount of money held in such                          

investments and deposits.                                          445          

      (L)  Whenever investments or deposits acquired under this    447          

section mature and become due and payable, the treasurer shall     448          

present them for payment according to their tenor, and shall       449          

collect the moneys payable thereon.  The moneys so collected       450          

shall be treated as public moneys subject to sections 135.01 to    451          

135.21 of the Revised Code.                                        452          

      (M)(1)  All investments, except for investments in           454          

securities described in divisions (B)(5) and (6) of this section   455          

and for investments by a municipal corporation in the issues of    456          

such municipal corporation, shall be made only through a member    457          

of the national association of securities dealers, through a       458          

bank, savings bank, or savings and loan association regulated by   459          

                                                          12     


                                                                 
the superintendent of financial institutions, or through an        460          

institution regulated by the comptroller of the currency, federal  461          

deposit insurance corporation, or board of governors of the        462          

federal reserve system.                                                         

      (2)  Payment for investments shall be made only upon the     464          

delivery of securities representing such investments to the        465          

treasurer, governing board, or qualified trustee.  If the          466          

securities transferred are not represented by a certificate,       467          

payment shall be made only upon receipt of confirmation of         468          

transfer from the custodian by the treasurer, governing board, or  469          

qualified trustee.                                                 470          

      (N)(1)  IN MAKING INVESTMENTS AUTHORIZED BY THIS SECTION, A  472          

TREASURER OR GOVERNING BOARD MAY RETAIN THE SERVICES OF AN         474          

INVESTMENT ADVISOR, PROVIDED THE ADVISOR IS LICENSED BY THE        476          

DIVISION OF SECURITIES UNDER SECTION 1707.141 OF THE REVISED CODE  477          

OR IS REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND  479          

POSSESSES EXPERIENCE IN PUBLIC FUNDS INVESTMENT MANAGEMENT,        480          

SPECIFICALLY IN THE AREA OF STATE AND LOCAL GOVERNMENT INVESTMENT  481          

PORTFOLIOS, OR THE ADVISOR IS AN ELIGIBLE INSTITUTION MENTIONED    482          

IN SECTION 135.03 OF THE REVISED CODE.                             483          

      (O)(1)  Except as otherwise provided in divisions (N)(O)(2)  486          

and (3) of this section, no treasurer or governing board shall     487          

make an investment or deposit under this section, unless there is  489          

on file with the auditor of state a written investment policy      490          

approved by the treasurer or governing board.  The policy shall    491          

require that all entities conducting investment business with the  492          

treasurer or governing board shall sign the investment policy of   493          

that subdivision.  All brokers, dealers, and financial             494          

institutions, described in division (M)(1) of this section,        495          

initiating transactions with the treasurer or governing board by   496          

giving advice or making investment recommendations shall sign the  497          

treasurer's or governing board's investment policy thereby                      

acknowledging their agreement to abide by the policy's contents.   498          

All brokers, dealers, and financial institutions, described in     499          

                                                          13     


                                                                 
division (M)(1) of this section, executing transactions initiated  500          

by the treasurer or governing board, having read the policy's      501          

contents, shall sign the investment policy thereby acknowledging   502          

their comprehension and receipt.                                                

      (2)  If a written investment policy described in division    504          

(N)(O)(1) of this section is not filed on behalf of the            506          

subdivision with the auditor of state, the treasurer or governing  507          

board of that subdivision shall invest the subdivision's interim   508          

moneys only in interim deposits pursuant to division (B)(3) of     509          

this section or the Ohio subdivision's fund pursuant to division   510          

(B)(6) of this section.                                                         

      (3)  Divisions (N)(O)(1) and (2) of this section do not      512          

apply to a treasurer or governing board of a subdivision whose     514          

average annual portfolio of investments held pursuant to this      515          

section is one hundred thousand dollars or less, provided that     516          

the treasurer or governing board certifies, on a form prescribed   517          

by the auditor of state, that the treasurer or governing board     518          

will comply and is in compliance with the provisions of sections   519          

135.01 to 135.21 of the Revised Code.                              520          

      (O)(P)  A treasurer or governing board may enter into a      523          

written investment or deposit agreement that includes a provision  524          

under which the parties agree to submit to nonbinding arbitration  525          

to settle any controversy that may arise out of the agreement,     526          

including any controversy pertaining to losses of public moneys    527          

resulting from investment or deposit.  The arbitration provision   528          

shall be set forth entirely in the agreement, and the agreement    529          

shall include a conspicuous notice to the parties that any party   531          

to the arbitration may apply to the court of common pleas of the   532          

county in which the arbitration was held for an order to vacate,                

modify, or correct the award.  Any such party may also apply to    533          

the court for an order to change venue to a court of common pleas  534          

located more than one hundred miles from the county in which the   535          

treasurer or governing board is located.                           536          

      For purposes of this division, "investment or deposit        538          

                                                          14     


                                                                 
agreement" means any agreement between a treasurer or governing    539          

board and a person, under which agreement the person agrees to     540          

invest, deposit, or otherwise manage a subdivision's interim       541          

moneys on behalf of the treasurer or governing board, or agrees    542          

to provide investment advice to the treasurer or governing board.               

      (P)(Q)  An investment made by the treasurer or governing     544          

board pursuant to this section prior to the effective date of      545          

this amendment SEPTEMBER 27, 1996, that was a legal investment     547          

under the law as it existed before the effective date of this      549          

amendment SEPTEMBER 27, 1996, may be held until maturity, or if    550          

the investment does not have a maturity date, it may be held       551          

until five years from the effective date of this amendment         553          

SEPTEMBER 27, 1996, regardless of whether the investment would     554          

qualify as a legal investment under the terms of this section as   555          

amended.                                                                        

      Sec. 135.18.  (A)  The treasurer, before making the initial  564          

deposit in a public depository pursuant to an award made under     565          

sections 135.01 to 135.21 of the Revised Code, shall require the   566          

institution designated as a public depository to pledge to and     567          

deposit with the treasurer, as security for the repayment of all   568          

public moneys to be deposited in the public depository during the  569          

period of designation pursuant to the award, eligible securities   570          

of aggregate market value equal to the excess of the amount of     571          

public moneys to be at the time so deposited, over and above such  572          

portion or amount of such moneys as is at such time insured by     573          

the federal deposit insurance corporation or by any other agency   574          

or instrumentality of the federal government, or the treasurer     575          

may require the institution to deposit with the treasurer surety   576          

company bonds which, when executed, shall be for an amount equal   577          

to such excess amount.  In the case of any deposit other than the  578          

initial deposit made during the period of designation, the amount  579          

of the aggregate market value of securities required to be         580          

pledged and deposited, or of the surety company bonds required to  581          

be deposited, shall be equal to the difference between the amount  582          

                                                          15     


                                                                 
of public moneys on deposit in such public depository plus the     583          

amount to be so deposited, minus the portion or amount of the      584          

aggregate as is at the time insured as provided in this section.   585          

The treasurer may require additional eligible securities to be     586          

deposited to provide for any depreciation which may occur in the   587          

market value of any of the securities so deposited.                588          

      (B)  The following securities shall be eligible for the      590          

purposes of this section:                                          591          

      (1)  Bonds, notes, or other obligations of the United        593          

States; or bonds, notes, or other obligations guaranteed as to     594          

principal and interest by the United States or those for which     595          

the faith of the United States is pledged for the payment of       596          

principal and interest thereon, by language appearing in the       597          

instrument specifically providing such guarantee or pledge and     598          

not merely by interpretation or otherwise;                         599          

      (2)  Bonds, notes, debentures, letters of credit, or other   601          

obligations or securities issued by any federal government agency  602          

or instrumentality, or the export-import bank of Washington;       603          

bonds, notes, or other obligations guaranteed as to principal and  604          

interest by the United States or those for which the faith of the  605          

United States is pledged for the payment of principal and          606          

interest thereon, by interpretation or otherwise and not by        607          

language appearing in the instrument specifically providing such   608          

guarantee or pledge;                                                            

      (3)  Obligations of or fully insured or fully guaranteed by  610          

the United States or any federal government agency or              611          

instrumentality;                                                                

      (4)  Obligations partially insured or partially guaranteed   613          

by any federal agency or instrumentality;                          614          

      (5) Obligations of or fully guaranteed by the federal        616          

national mortgage association, federal home loan mortgage          617          

corporation, federal farm credit bank, or student loan marketing   618          

association;                                                                    

      (6)  Bonds and other obligations of this state;              620          

                                                          16     


                                                                 
      (7)  Bonds and other obligations of any county, township,    622          

school district, municipal corporation, or other legally           623          

constituted taxing subdivision of this state, which is not at the  624          

time of such deposit, in default in the payment of principal or    625          

interest on any of its bonds or other obligations, for which the   626          

full faith and credit of the issuing subdivision is pledged;       628          

      (8)  Bonds of other states of the United States which have   630          

not during the ten years immediately preceding the time of such    631          

deposit defaulted in payments of either interest or principal on   632          

any of their bonds;                                                633          

      (9)  Shares of no-load money market mutual funds consisting  636          

exclusively of obligations described in division (B)(1) or (2) of               

this section and repurchase agreements secured by such             637          

obligations;                                                       638          

      (10) A SURETY BOND ISSUED BY A CORPORATE SURETY LICENSED BY  640          

THE STATE AND AUTHORIZED TO ISSUE SURETY BONDS IN THIS STATE       641          

PURSUANT TO CHAPTER 3929. OF THE REVISED CODE, AND QUALIFIED TO    642          

PROVIDE SURETY BONDS TO THE FEDERAL GOVERNMENT PURSUANT TO 96      644          

STAT. 1047 (1982), 31 U.S.C.A. 9304.                               645          

      (C)  If the public depository fails to pay over any part of  647          

the public deposit made therein as provided by law, the treasurer  648          

shall sell at public sale any of the bonds or other securities     649          

deposited with the treasurer pursuant to this section or section   650          

131.09 of the Revised Code, or shall draw on any letter of credit  651          

to the extent of such failure to pay.  Thirty days' notice of      652          

such sale shall be given in a newspaper of general circulation at  653          

Columbus, in the case of the treasurer of state, and at the        654          

county seat of the county in which the office of the treasurer is  655          

located, in the case of any other treasurer.  When a sale of       656          

bonds or other securities has been so made and upon payment to     657          

the treasurer of the purchase money, the treasurer shall transfer  658          

such bonds or securities whereupon the absolute ownership of such  659          

bonds or securities shall pass to the purchasers.  Any surplus     660          

remaining after deducting the amount due the state or subdivision  661          

                                                          17     


                                                                 
and expenses of sale shall be paid to the public depository.       662          

      (D)  An institution designated as a public depository may,   664          

by written notice to the treasurer, designate a qualified trustee  665          

and deposit the eligible securities required by this section with  666          

the trustee for safekeeping for the account of the treasurer and   667          

the institution as a public depository, as their respective        668          

rights to and interests in such securities under this section may  669          

appear and be asserted by written notice to or demand upon the     670          

trustee.  In such case, the treasurer shall accept the written     671          

receipt of the trustee describing the securities which have been   672          

deposited with the trustee by the public depository, a copy of     673          

which shall also be delivered to the public depository.            674          

Thereupon all such securities so deposited with the trustee are    675          

deemed to be pledged with the treasurer and to be deposited with   676          

the treasurer, for all the purposes of this section.               677          

      (E)  The governing board may make provisions for the         679          

exchange and release of securities and the substitution of other   680          

eligible securities therefor except where the public depository    681          

has deposited eligible securities with a trustee for safekeeping   682          

as provided in this section.                                       683          

      (F)  When the public depository has deposited eligible       685          

securities described in division (B)(1) of this section with a     686          

trustee for safekeeping, the public depository may at any time     687          

substitute or exchange eligible securities described in division   688          

(B)(1) of this section having a current market value equal to or   689          

greater than the current market value of the securities then on    690          

deposit and for which they are to be substituted or exchanged,     691          

without specific authorization from any governing board, boards,   692          

or treasurer of any such substitution or exchange.                 693          

      (G)  When the public depository has deposited eligible       695          

securities described in divisions (B)(2) to (9) of this section    697          

with a trustee for safekeeping, the public depository may at any                

time substitute or exchange eligible securities having a current   698          

market value equal to or greater than the current market value of  699          

                                                          18     


                                                                 
the securities then on deposit and for which they are to be        700          

substituted or exchanged without specific authorization of any     701          

governing board, boards, or treasurer of any such substitution or  702          

exchange only if:                                                  703          

      (1)  The treasurer has authorized the public depository to   705          

make such substitution or exchange on a continuing basis during a  706          

specified period without prior approval of each substitution or    707          

exchange.  Such authorization may be effected by the treasurer     708          

sending to the trustee a written notice stating that substitution  709          

may be effected on a continuing basis during a specified period    710          

which shall not extend beyond the end of the period of             711          

designation during which the notice is given.  The trustee may     712          

rely upon such notice and upon the period of authorization stated  713          

therein and upon the period of designation stated therein.         714          

      (2)  No continuing authorization for substitution has been   716          

given by the treasurer, the public depository notifies the         717          

treasurer and the trustee of an intended substitution or           718          

exchange, and the treasurer fails to object to the trustee as to   719          

the eligibility or market value of the securities being            720          

substituted within ten calendar days after the date appearing on   721          

the notice of proposed substitution.  The notice to the treasurer  722          

and to the trustee shall be given in writing and delivered         723          

personally or by certified or registered mail with a return        724          

receipt requested.  The trustee may assume in any case that the    725          

notice has been delivered to the treasurer.  In order for          726          

objections of the treasurer to be effective, receipt of the        727          

objections must be acknowledged in writing by the trustee.         728          

      (3)  The treasurer gives written authorization for a         730          

substitution or exchange of specific securities.                   731          

      (H)  The public depository shall notify any governing        733          

board, boards, or treasurer of any such substitution or exchange   734          

under division (G)(1) or (2) of this section.  Upon request from   735          

the treasurer, the trustee shall furnish a statement of the        736          

securities pledged against such public deposits.                   737          

                                                          19     


                                                                 
      (I)  Any federal reserve bank or branch thereof located in   739          

this state, without compliance with Chapter 1111. of the Revised   740          

Code and without becoming subject to any other law of this state   743          

relative to the exercise by corporations of trust powers           744          

generally, is qualified to act as trustee for the safekeeping of   745          

securities, under this section.  Any institution mentioned in      746          

section 135.03 of the Revised Code that holds a certificate of     747          

qualification issued by the superintendent of financial            748          

institutions or any institution complying with sections 1111.04,                

1111.05, and 1111.06 of the Revised Code, is qualified to act as   750          

trustee for the safekeeping of securities, other than those        751          

belonging to itself, under this section.  Upon application to the  752          

superintendent in writing by any such institution, the                          

superintendent shall investigate the applicant and ascertain       754          

whether or not it has been authorized to execute and accept        755          

trusts in this state and has safe and adequate vaults and          756          

efficient supervision thereof for the storage and safekeeping      757          

within this state of such securities.  If the superintendent       758          

finds that the applicant has been so authorized and does have      759          

such vaults and supervision thereof, the superintendent shall      760          

approve the application and issue a certificate to that effect,    761          

the original or any certified copy of which shall be conclusive    762          

evidence that the institution therein named is qualified to act    763          

as trustee for the purposes of this section with respect to        764          

securities other than those belonging to itself.                                

      Notwithstanding the fact that a public depository is         766          

required to pledge eligible securities in certain amounts to       767          

secure deposits of public moneys, a trustee shall have no duty or  768          

obligation to determine the eligibility, market value, or face     769          

value of any securities deposited with the trustee by a public     770          

depository.  This applies in all situations including, without     771          

limitation, a substitution or exchange of securities.              772          

      Any charges or compensation of a designated trustee for      774          

acting as such under this section shall be paid by the public      775          

                                                          20     


                                                                 
depository and in no event shall be chargeable to the state or     776          

the subdivision or to the treasurer or to any officer of the       777          

state or subdivision.  Such THE charges or compensation shall not  779          

be a lien or charge upon the securities deposited for safekeeping  780          

prior or superior to the rights to and interests in such           781          

securities of the state or the subdivision or of the treasurer.    782          

The treasurer and the treasurer's bonders or surety shall be       784          

relieved from any liability to the state or the subdivision or to               

the public depository for the loss or destruction of any           785          

securities deposited with a qualified trustee pursuant to this     786          

section.                                                                        

      Sec. 135.181.  (A)  As used in this section:                 795          

      (1)  "Public depository" means that term as defined in       797          

section 135.01 of the Revised Code, but also means an institution  798          

which receives or holds any public deposits as defined in section  799          

135.31 of the Revised Code.                                        800          

      (2)  "Public deposits," "public moneys," and "treasurer"     802          

mean those terms as defined in section 135.01 of the Revised       803          

Code, but also have the same meanings as are set forth in section  804          

135.31 of the Revised Code.                                        805          

      (3)  "Subdivision" means that term as defined in section     807          

135.01 of the Revised Code, but also includes a county.            808          

      (B)  In lieu of the pledging requirements prescribed in      810          

sections 135.18 and 135.37 of the Revised Code, an institution     811          

designated as a public depository at its option may pledge a       812          

single pool of eligible securities to secure the repayment of all  813          

public moneys deposited in the institution and not otherwise       814          

secured pursuant to law, provided that at all times the total      815          

MARKET value of the securities so pledged, based on the            816          

valuations prescribed in division (C) of this section, is at       817          

least equal to one hundred ten FIVE per cent of the total amount   818          

of all public deposits to be secured by the pooled securities,     819          

including the portion of such deposits covered by any federal      820          

deposit insurance.  Each such institution shall carry in its       821          

                                                          21     


                                                                 
accounting records at all times a general ledger or other          822          

appropriate account of the total amount of all public deposits to  823          

be secured by the pool, as determined at the opening of business   824          

each day, and the total MARKET value of securities pledged to      825          

secure such deposits.                                              826          

      (C)  The following securities, at the specified valuations,  828          

DESCRIBED IN DIVISION (B) OF SECTION 135.18 OF THE REVISED CODE    829          

shall be eligible as collateral for the purposes of division (B)   830          

of this section, provided no such securities pledged as            831          

collateral are at any time in default as to either principal or    832          

interest:                                                          833          

      (1)  Obligations of or fully insured or fully guaranteed by  835          

the United States or any federal government agency or              836          

instrumentality:  at face value;                                   837          

      (2)  Obligations partially insured or partially guaranteed   839          

by any federal government agency or instrumentality:  at face      840          

value;                                                                          

      (3)  Obligations of or fully guaranteed by the federal       842          

national mortgage association, federal home loan mortgage          843          

corporation, federal farm, credit bank, or student loan marketing  844          

association:  at face value;                                       845          

      (4)  Obligations of any state, county, municipal             847          

corporation, or other legally constituted authority of any state,  848          

or any instrumentality of any state, county, municipal             849          

corporation, or other authority, which are secured as to the       850          

payment of principal and interest by the holding in escrow of      851          

obligations of the United States for which the full faith and      852          

credit of the United States is pledged:  at face value;            853          

      (5)  Obligations of this state, or any county or other       855          

legally constituted authority of this state, or any                856          

instrumentality of this state, or such county or other authority:  857          

at face value;                                                     858          

      (6)  Obligations of any other state:  at ninety per cent of  860          

face value;                                                        861          

                                                          22     


                                                                 
      (7)  Obligations of any county, municipal corporation, or    863          

other legally constituted authority of any other state, or any     864          

instrumentality of such county, municipal corporation, or other    865          

authority:  at eighty per cent of face value;                      866          

      (8)  Notes representing loans made to persons attending or   868          

planning to attend eligible institutions of education and to       869          

their parents, and insured or guaranteed by the United States or   870          

any agency, department, or other instrumentality thereof:  at      871          

face value;                                                                     

      (9)  Any other obligations the treasurer of state approves:  873          

at the percentage of face value the treasurer of state             874          

prescribes;                                                                     

      (10)  Shares of no-load money market mutual funds            876          

consisting exclusively of obligations described in division        877          

(C)(1), (2), or (3) of this section and repurchase agreements      878          

secured by such obligations:  at face value.                       879          

      (D)  The state and each subdivision shall have an undivided  881          

security interest in the pool of securities pledged by a public    882          

depository pursuant to division (B) of this section in the         883          

proportion that the total amount of the state's or subdivision's   884          

public moneys secured by the pool bears to the total amount of     885          

public deposits so secured.                                        886          

      (E)  An institution designated as a public depository shall  888          

designate a qualified trustee and deposit with the trustee for     889          

safekeeping the eligible securities pledged pursuant to division   890          

(B) of this section.  The institution shall give written notice    891          

of the qualified trustee to any treasurer or treasurers            892          

depositing public moneys for which such securities are pledged.    893          

The treasurer shall accept the written receipt of the trustee      894          

describing the pool of securities so deposited by the depository,  895          

a copy of which also shall be delivered to the depository.         896          

      (F)  Any federal reserve bank or branch thereof located in   898          

this state, without compliance with Chapter 1111. of the Revised   899          

Code and without becoming subject to any other law of this state   902          

                                                          23     


                                                                 
relative to the exercise by corporations of trust powers           903          

generally, is qualified to act as trustee for the safekeeping of   904          

securities, under this section.  Any institution mentioned in      905          

section 135.03 or 135.32 of the Revised Code which holds a                      

certificate of qualification issued by the superintendent of       906          

financial institutions or any institution complying with sections  908          

1111.04, 1111.05, and 1111.06 of the Revised Code is qualified to  909          

act as trustee for the safekeeping of securities under this        910          

section, other than those belonging to itself or to an affiliate   911          

as defined in division (A) of section 1101.01 of the Revised       912          

Code.  Upon application to the superintendent in writing by any    913          

such institution, the superintendent shall investigate the         915          

applicant and ascertain whether or not it has been authorized to   916          

execute and accept trusts in this state and has safe and adequate  917          

vaults and efficient supervision thereof for the storage and       918          

safekeeping of such securities.  If the superintendent finds that  919          

the applicant has been so authorized and does have such vaults     920          

and supervision thereof, the superintendent shall approve the      921          

application and issue a certificate to that effect, the original   923          

or any certified copy of which shall be conclusive evidence that   924          

the institution named therein is qualified to act as trustee for   925          

the purposes of this section with respect to securities other      926          

than those belonging to itself or to an affiliate.                 927          

      (G)  The public depository at any time may substitute,       929          

exchange, or release eligible securities deposited with a          930          

qualified trustee pursuant to this section, provided that such     931          

substitution, exchange, or release does not reduce the total       932          

MARKET value of the securities, based on the valuations            933          

prescribed in division (C) of this section, to an amount that is   935          

less than one hundred ten FIVE per cent of the total amount of     936          

public deposits as determined pursuant to division (B) of this     938          

section.                                                                        

      (H)  Notwithstanding the fact that a public depository is    940          

required to pledge eligible securities in certain amounts to       941          

                                                          24     


                                                                 
secure deposits of public moneys, a trustee shall have no duty or  942          

obligation to determine the eligibility, market value, or face     943          

value of any securities deposited with the trustee by a public     944          

depository.  This applies in all situations including, but not     945          

limited to, a substitution or exchange of securities, but          946          

excluding those situations effectuated by division (I) of this     947          

section in which the trustee is required to determine face and     948          

market value.                                                      949          

      (I)  If the public depository fails to pay over any part of  951          

the public deposits made therein as provided by law and secured    952          

pursuant to division (B) of this section, the treasurer shall      953          

give written notice of this failure to the qualified trustee       954          

holding the pool of securities pledged against public moneys       955          

deposited in the depository, and at the same time shall send a     956          

copy of this notice to the depository.  Upon receipt of such       957          

notice, the trustee shall transfer to the treasurer for public     958          

sale such of the pooled securities as may be necessary to produce  959          

an amount equal to the deposits made by the treasurer and not      960          

paid over, less the portion of such deposits covered by any        961          

federal deposit insurance, plus any accrued interest due on such   962          

deposits; however, such THE amount shall not exceed the state's    963          

or subdivision's proportional security interest in the market      965          

value of the pool as of the date of the depository's failure to    966          

pay over the deposits, as such interest and value are determined   967          

by the trustee.  The treasurer shall sell at public sale any of    968          

the bonds or other securities so transferred.  Thirty days'        969          

notice of such sale shall be given in a newspaper of general       970          

circulation at Columbus, in the case of the treasurer of state,    971          

and at the county seat of the county in which the office of the    972          

treasurer is located, in the case of any other treasurer.  When a  973          

sale of bonds or other securities has been so made and upon        974          

payment to the treasurer of the purchase money, the treasurer      975          

shall transfer such bonds or securities whereupon the absolute     976          

ownership of such bonds or securities shall pass to the            977          

                                                          25     


                                                                 
purchasers.  Any surplus after deducting the amount due the state  978          

or subdivision and expenses of sale shall be paid to the public    979          

depository.                                                                     

      (J)  Any charges or compensation of a designated trustee     981          

for acting as such under this section shall be paid by the public  982          

depository and in no event shall be chargeable to the state or     983          

subdivision or to the treasurer or to any officer of the state or  984          

subdivision.  Such THE charges or compensation shall not be a      985          

lien or charge upon the securities deposited for safekeeping       987          

prior or superior to the rights to and interests in such           988          

securities of the state or subdivision or of the treasurer.  The   989          

treasurer and the treasurer's bonders or surety shall be relieved  990          

from any liability to the state or subdivision or to the public    991          

depository for the loss or destruction of any securities           992          

deposited with a qualified trustee pursuant to this section.       993          

      (K)  In lieu of placing its unqualified endorsement on each  995          

security, a public depository pledging securities pursuant to      996          

division (B) of this section that are not negotiable without its   997          

endorsement or assignment may furnish to the qualified trustee     998          

holding the securities an appropriate resolution and irrevocable   999          

power of attorney authorizing the trustee to assign the            1,000        

securities.  The resolution and power of attorney shall conform    1,001        

to such terms and conditions as the trustee prescribes.            1,002        

      (L)  Upon request of a treasurer no more often than four     1,004        

times per year, a public depository shall report the amount of     1,005        

public moneys deposited by the treasurer and secured pursuant to   1,006        

division (B) of this section, and the total MARKET value, based    1,007        

on the valuations prescribed in division (C) of this section, of   1,009        

the pool of securities pledged to secure public moneys held by     1,010        

the depository, including those deposited by the treasurer.  Upon  1,011        

request of a treasurer no more often than four times per year, a   1,012        

qualified trustee shall report such THE total MARKET value of the  1,014        

pool of securities deposited with it by the depository and shall   1,016        

provide an itemized list of the securities in the pool.  These     1,017        

                                                          26     


                                                                 
reports shall be made as of the date the treasurer specifies.      1,018        

      Sec. 135.33.  (A)  The board of county commissioners shall   1,027        

meet every two FOUR years in the month next preceding the date of  1,029        

the expiration of its current period of designation for the        1,030        

purpose of designating its public depositories of active moneys    1,031        

for the next succeeding two-year FOUR-YEAR period commencing on    1,032        

the date of expiration of the preceding period.                    1,034        

      At least sixty days before such THE meeting, the county      1,036        

treasurer shall submit to the board an estimate of the aggregate   1,037        

amount of public moneys that might be available for deposit as     1,038        

active moneys at any one time during the next two-year FOUR-YEAR   1,039        

period.  Upon receipt of such estimate, the board shall            1,040        

immediately notify all eligible institutions that might desire to  1,041        

be designated as such public depositories of the date on which     1,042        

the designation is to be made; the amount that has been estimated  1,043        

to be available for deposit; and the date fixed as the last date   1,044        

on which applications may be submitted, that shall not be more     1,045        

than thirty days or less than ten days prior to the date set for   1,046        

the meeting designating public depositories.                       1,047        

      (B)  Any eligible institution described in division (A) of   1,049        

section 135.32 of the Revised Code that has an office located      1,050        

within the territorial limits of the county is eligible to become  1,051        

a public depository of the active moneys of the county.  Each      1,052        

eligible institution desiring to be a public depository of such    1,053        

active moneys shall, not more than thirty days or less than ten    1,054        

days prior to the date fixed by this section, make application     1,055        

therefor in writing to the board of county commissioners.  Such    1,056        

THE application may specify the maximum amount of such public      1,057        

moneys that the applicant desires to receive and have on deposit   1,058        

at any time during the period covered by the designation.  Each    1,059        

application shall be accompanied by a financial statement of the   1,060        

applicant, under oath of its cashier, treasurer, or other officer  1,061        

as of the date of its latest report to the superintendent of       1,062        

banks or comptroller of the currency, and adjusted to show any     1,063        

                                                          27     


                                                                 
changes therein prior to the date of the application, that shall   1,064        

include a statement of its public and nonpublic deposits.          1,065        

      (C)  The board of county commissioners, upon recommendation  1,067        

of the treasurer, shall designate, by resolution, one or more      1,068        

eligible institutions as public depositories for active moneys.    1,069        

In case the aggregate amount of active moneys applied for by       1,070        

institutions within the county is less than the amount estimated   1,071        

to be available for deposit, the board may designate as a public   1,072        

depository one or more eligible institutions that are              1,073        

conveniently located.  The original resolution of designation      1,074        

shall be certified to the treasurer and any institution            1,075        

designated as a public depository.                                 1,076        

      (D)  No service charge shall be made against any deposit of  1,078        

active moneys, or collected or paid, unless such service charge    1,079        

is the same as is customarily imposed by institutions receiving    1,080        

money on deposit subject to check, in which event the charge may   1,081        

be paid.                                                           1,082        

      (E)  Notwithstanding division (C) of this section, the       1,084        

board of county commissioners may authorize, by resolution, the    1,085        

treasurer to deposit money necessary to pay the principal and      1,086        

interest on bonds and notes, and any fees incident thereto, in     1,087        

any bank within this state.                                        1,088        

      Moneys so deposited shall be transferred by the treasurer    1,090        

according to the terms of the agreement with the bank but shall    1,091        

remain as public moneys until such time as they are actually paid  1,092        

out by the bank.  Until such time as payments become due and       1,093        

payable on such principal or interest, the bank shall invest any   1,094        

moneys in the account in interest-bearing obligations at the       1,095        

highest, reasonable rate of interest obtainable.                   1,096        

      So long as moneys remain in the account, the bank shall      1,098        

deliver to the treasurer, at the end of each month, a statement    1,099        

showing an accounting of all activities in the account during the  1,100        

preceding month including, but not limited to, all payments made,  1,101        

all interest earned, and the beginning and ending balances,        1,102        

                                                          28     


                                                                 
together with any coupons redeemed since the preceding statement   1,103        

was issued.                                                        1,104        

      Sec. 135.341.  (A)  There shall be a county investment       1,113        

advisory committee consisting of three members:  two county        1,114        

commissioners to be designated by the board of county              1,116        

commissioners, and the county treasurer.                           1,117        

      Notwithstanding the preceding sentence, the board of county  1,119        

commissioners may declare that all three county commissioners      1,120        

shall serve on the county investment advisory committee.  If the   1,121        

board so declares, the county investment advisory committee shall  1,122        

consist of five members:  the three county commissioners, the      1,123        

county treasurer, and the clerk of the court of common pleas of    1,124        

the county.                                                                     

      (B)  The committee shall elect its own chairperson, and      1,126        

committee members shall receive no additional compensation for     1,127        

the performance of their duties as committee members.              1,128        

      (C)  The committee shall establish written county            1,131        

investment policies and shall meet at least once every three       1,132        

months, to review or revise its policies and to advise the         1,133        

investing authority on the county investments in order to ensure   1,134        

the best and safest return of funds available to the county for    1,135        

deposit or investment.  Any member of the county investment        1,136        

advisory committee, upon giving five days' notice, may call a      1,137        

meeting of the committee.  The committee's policies may establish  1,138        

a limit on the period of time that moneys may be invested in any   1,139        

particular type of investment.                                                  

      (D)  The committee is authorized to retain the services of   1,141        

an investment advisor, provided that the advisor is LICENSED BY    1,142        

THE DIVISION OF SECURITIES UNDER SECTION 1707.141 OF THE REVISED   1,143        

CODE OR IS registered with the securities and exchange             1,144        

commission, and possesses public funds investment management       1,146        

experience, specifically in the area of state and local                         

government investment portfolios, or the advisor is an eligible    1,147        

institution mentioned in section 135.03 of the Revised Code.       1,148        

                                                          29     


                                                                 
      (E)  Nothing in this section affects the authority of any    1,150        

of the officers mentioned in section 325.27 of the Revised Code    1,151        

to contract for the services of fiscal and management consultants  1,152        

pursuant to section 325.17 of the Revised Code.                    1,153        

      Sec. 135.35.  (A)  The investing authority shall deposit or  1,162        

invest any part or all of the county's inactive moneys and shall   1,163        

invest all of the money in the county library and local            1,164        

government support fund when required by section 135.352 of the    1,165        

Revised Code.  The following classifications of securities and     1,166        

obligations are eligible for such deposit or investment:           1,167        

      (1)  United States treasury bills, notes, bonds, or any      1,169        

other obligation or security issued by the United States treasury  1,170        

or any other obligation guaranteed as to principal or interest by  1,171        

the United States.                                                              

      Nothing in the classification of eligible securities and     1,173        

obligations set forth in division (A)(1) of this section or in     1,174        

the classifications of eligible securities and obligations set     1,175        

forth in divisions (A)(2) to (9)(8) of this section shall be       1,177        

construed to authorize any investment in stripped principal or     1,178        

interest obligations of such eligible securities and obligations.               

      (2)  Bonds, notes, debentures, or any other obligations or   1,180        

securities issued by any federal government agency or              1,181        

instrumentality, including but not limited to, the federal         1,182        

national mortgage association, federal home loan bank, federal     1,183        

farm credit bank, federal home loan mortgage corporation,          1,184        

government national mortgage association, and student loan         1,185        

marketing association.  All federal agency securities shall be     1,186        

direct issuances of federal government agencies or                              

instrumentalities.                                                 1,187        

      (3)  Time certificates of deposit or savings or deposit      1,189        

accounts, including, but not limited to, passbook accounts, in     1,190        

any eligible institution mentioned in section 135.32 of the        1,191        

Revised Code;                                                      1,192        

      (4)  Bonds and other obligations of this state or the        1,194        

                                                          30     


                                                                 
political subdivisions of this state, provided that such           1,195        

political subdivisions are located wholly or partly within the     1,196        

same county as the investing authority;                                         

      (5)  No-load money market mutual funds consisting            1,198        

exclusively of obligations described in division (A)(1) or (2) of  1,199        

this section and repurchase agreements secured by such             1,200        

obligations, provided that investments in securities described in  1,202        

this division are made only through eligible institutions                       

mentioned in section 135.32 of the Revised Code;                   1,203        

      (6)  The Ohio subdivision's fund as provided in section      1,205        

135.45 of the Revised Code.;                                       1,206        

      (7)  Securities lending agreements with any eligible         1,208        

institution mentioned in section 135.32 of the Revised Code that   1,209        

is a member of the federal reserve system or federal home loan     1,210        

bank, under the terms of which agreements the investing authority  1,212        

lends securities and the eligible institution agrees to            1,213        

simultaneously exchange either securities described in division                 

(A)(1) or (2) of this section or cash or both securities and       1,214        

cash, equal value for equal value;                                 1,215        

      (8)  Commercial paper issued by any corporation              1,217        

incorporated under the laws of the United States or a state if     1,218        

both of the following conditions apply:                            1,219        

      (a)  Two nationally recognized rating agencies rank the      1,221        

commercial paper in either of their two highest categories;        1,222        

      (b)  The total amount invested in commercial paper at any    1,224        

time does not exceed five per cent of the county's total average   1,226        

portfolio, as determined and calculated by the investing           1,227        

authority.                                                                      

      (9)  Bankers acceptances, if the following conditions are    1,229        

met:                                                                            

      (a)  The acceptances mature in two hundred seventy days or   1,231        

fewer from the date of settlement;                                 1,232        

      (b)  The acceptances are eligible for purchase by the        1,234        

federal reserve system;                                            1,235        

                                                          31     


                                                                 
      (c)  The total amount invested in bankers acceptances at     1,237        

any time does not exceed ten per cent of the county's total        1,238        

average portfolio, as determined and calculated by the investing   1,239        

authority UP TO TWENTY-FIVE PER CENT OF THE COUNTY'S TOTAL         1,241        

AVERAGE PORTFOLIO IN EITHER OF THE FOLLOWING INVESTMENTS:          1,242        

      (a)  COMMERCIAL PAPER NOTES ISSUED BY AN ENTITY THAT IS      1,244        

DEFINED IN DIVISION (D) OF SECTION 1705.01 OF THE REVISED CODE     1,246        

AND THAT HAS ASSETS EXCEEDING FIVE HUNDRED MILLION DOLLARS, TO     1,248        

WHICH NOTES ALL OF THE FOLLOWING APPLY:                            1,249        

      (i)  THE NOTES ARE RATED AT THE TIME OF PURCHASE IN THE      1,251        

HIGHEST CLASSIFICATION ESTABLISHED BY AT LEAST TWO NATIONALLY      1,252        

RECOGNIZED STANDARD RATING SERVICES.                               1,253        

      (ii)  THE AGGREGATE VALUE OF THE NOTES DOES NOT EXCEED TEN   1,255        

PER CENT OF THE AGGREGATE VALUE OF THE OUTSTANDING COMMERCIAL      1,257        

PAPER OF THE ISSUING CORPORATION.                                  1,258        

      (iii)  THE NOTES MATURE NOT LATER THAN ONE HUNDRED EIGHTY    1,260        

DAYS AFTER PURCHASE.                                               1,262        

      (b)  BANKERS ACCEPTANCES OF BANKS THAT ARE INSURED BY THE    1,264        

FEDERAL DEPOSIT INSURANCE CORPORATION AND TO WHICH BOTH OF THE     1,265        

FOLLOWING APPLY:                                                   1,266        

      (i)  THE OBLIGATIONS ARE ELIGIBLE FOR PURCHASE BY THE        1,268        

FEDERAL RESERVE SYSTEM.                                            1,269        

      (ii)  THE OBLIGATIONS MATURE NOT LATER THAN ONE HUNDRED      1,271        

EIGHTY DAYS AFTER PURCHASE.                                        1,273        

      NO INVESTMENT SHALL BE MADE PURSUANT TO DIVISION (A)(8) OF   1,275        

THIS SECTION UNLESS THE INVESTING AUTHORITY HAS COMPLETED          1,276        

ADDITIONAL TRAINING FOR MAKING THE INVESTMENTS AUTHORIZED BY       1,277        

DIVISION (A)(8) OF THIS SECTION.  THE TYPE AND AMOUNT OF           1,278        

ADDITIONAL TRAINING SHALL BE APPROVED BY THE AUDITOR OF STATE AND  1,280        

MAY BE CONDUCTED BY OR PROVIDED UNDER THE SUPERVISION OF THE                    

AUDITOR OF STATE.                                                  1,281        

      (B)  Nothing in the classifications of eligible obligations  1,283        

and securities set forth in divisions (A)(1) to (9)(8) of this     1,284        

section shall be construed to authorize investment in a            1,286        

                                                          32     


                                                                 
derivative, and no investing authority shall invest any county     1,287        

inactive moneys or any moneys in a county library and local        1,288        

government support fund in a derivative.  For purposes of this     1,289        

division, "derivative" means a financial instrument or contract    1,290        

or obligation whose value or return is based upon or linked to                  

another asset or index, or both, separate from the financial       1,291        

instrument, contract, or obligation itself.  Any security,         1,292        

obligation, trust account, or other instrument that is created     1,293        

from an issue of the United States treasury or is created from an  1,294        

obligation of a federal agency or instrumentality or is created    1,295        

from both is considered a derivative instrument.  An eligible      1,296        

investment described in this section with a variable interest      1,297        

rate payment, based upon a single interest payment or single                    

index comprised of other eligible investments provided for in      1,298        

division (A)(1) or (2) of this section, is not a derivative,       1,299        

provided that such variable rate investment has a maximum          1,300        

maturity of two years.                                                          

      (C)  Any EXCEPT AS PROVIDED IN DIVISION (D) OF THIS          1,302        

SECTION, ANY investment made pursuant to this section must mature  1,303        

within five years from the date of settlement, unless the          1,305        

investment is matched to a specific obligation or debt of the      1,306        

county, and the investment is specifically approved by the         1,307        

investment advisory committee.                                     1,308        

      (D)  The investing authority may also enter into a written   1,310        

repurchase agreement with any eligible institution mentioned in    1,312        

section 135.32 of the Revised Code or any eligible securities                   

dealer pursuant to division (J) of this section, under the terms   1,313        

of which agreement the investing authority purchases and the       1,314        

eligible institution or dealer agrees unconditionally to           1,316        

repurchase any of the securities listed in division (A)(1) or (2)  1,317        

DIVISIONS (B)(1) TO (5), EXCEPT LETTERS OF CREDIT DESCRIBED IN     1,318        

DIVISION (B)(2), of this section 135.18 OF THE REVISED CODE.  The  1,319        

market value of securities subject to an overnight WRITTEN         1,320        

repurchase agreement must exceed the principal value of the        1,322        

                                                          33     


                                                                 
overnight WRITTEN repurchase agreement by at least two per cent.   1,324        

A term WRITTEN repurchase agreement must exceed the principal      1,325        

value of the overnight WRITTEN repurchase agreement, by at least   1,327        

two per cent.  A term WRITTEN repurchase agreement shall not       1,330        

exceed thirty days, and the market value of securities subject to  1,331        

a term WRITTEN repurchase agreement must exceed the principal      1,333        

value of the term WRITTEN repurchase agreement by at least two     1,334        

per cent and be marked to market daily.  All securities purchased  1,335        

pursuant to this division shall be delivered into the custody of   1,337        

the investing authority or the qualified custodian of the                       

investing authority or an agent designated by the investing        1,338        

authority.  A WRITTEN repurchase agreement with an eligible        1,340        

securities dealer shall be transacted on a delivery versus         1,341        

payment basis.  The agreement shall contain the requirement that   1,342        

for each transaction pursuant to the agreement the participating   1,343        

institution shall provide all of the following information:        1,344        

      (1)  The par value of the securities;                        1,346        

      (2)  The type, rate, and maturity date of the securities;    1,348        

      (3)  A numerical identifier generally accepted in the        1,350        

securities industry that designates the securities.                1,351        

      No investing authority shall enter into a written            1,353        

repurchase agreement under the terms of which the investing        1,354        

authority agrees to sell securities owned by the county to a       1,356        

purchaser and agrees with that purchaser to unconditionally                     

repurchase those securities.                                       1,357        

      (E)  No investing authority shall make an investment under   1,360        

this section, unless the investing authority, at the time of                    

making the investment, reasonably expects that the investment can  1,361        

be held until its maturity.  The investing authority's written     1,362        

investment policy shall specify the conditions under which an      1,363        

investment may be redeemed or sold prior to maturity.              1,364        

      (F)  No investing authority shall pay a county's inactive    1,366        

moneys or moneys of a county library and local government support  1,367        

fund into a fund established by another subdivision, treasurer,    1,368        

                                                          34     


                                                                 
governing board, or investing authority, if that fund was          1,369        

established by the subdivision, treasurer, governing board, or     1,370        

investing authority for the purpose of investing or depositing     1,371        

the public moneys of other subdivisions.  This division does not                

apply to the payment of public moneys into either of the           1,372        

following:                                                                      

      (1)  The Ohio subdivision's fund pursuant to division        1,374        

(A)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     1,376        

constructing, owning, leasing, or operating municipal utilities    1,377        

pursuant to the authority provided under section 715.02 of the     1,378        

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     1,379        

      For purposes of division (F) of this section, "subdivision"  1,381        

includes a county.                                                 1,382        

      (G)  The use of leverage, in which the county uses its       1,384        

current investment assets as collateral for the purpose of         1,385        

purchasing other assets, is prohibited.  The issuance of taxable   1,386        

notes for the purpose of arbitrage is prohibited.  Contracting to  1,387        

sell securities not owned by the county, for the purpose of        1,388        

purchasing such securities on the speculation that bond prices                  

will decline, is prohibited.                                       1,389        

      (H)  Any securities, certificates of deposit, deposit        1,391        

accounts, or any other documents evidencing deposits or            1,392        

investments made under authority of this section shall be issued   1,393        

in the name of the county with the county treasurer or investing   1,394        

authority as the designated payee.  If any such deposits or        1,395        

investments are registrable either as to principal or interest,    1,396        

or both, they shall be registered in the name of the treasurer.    1,397        

      (I)  The investing authority shall be responsible for the    1,399        

safekeeping of all documents evidencing a deposit or investment    1,400        

acquired under this section including, but not limited to,         1,401        

safekeeping receipts evidencing securities deposited with a        1,402        

qualified trustee, as provided in section 135.37 of the Revised    1,403        

Code, and documents confirming the purchase of securities under    1,404        

                                                          35     


                                                                 
any repurchase agreement under this section shall be deposited     1,405        

with a qualified trustee, provided, however, that the qualified    1,406        

trustee shall be required to report to the investing authority,    1,407        

auditor of state, or an authorized outside auditor at any time     1,408        

upon request as to the identity, market value, and location of     1,409        

the document evidencing each security, and that if the             1,410        

participating institution is a designated depository of the        1,411        

county for the current period of designation, the securities that  1,412        

are the subject of the repurchase agreement may be delivered to    1,413        

the treasurer or held in trust by the participating institution    1,414        

on behalf of the investing authority.                              1,415        

      Upon the expiration of the term of office of an investing    1,417        

authority or in the event of a vacancy in the office for any       1,418        

reason, the officer or the officer's legal representative shall    1,420        

transfer and deliver to the officer's successor all documents                   

mentioned in this division for which the officer has been          1,421        

responsible for safekeeping.  For all such documents transferred   1,423        

and delivered, such officer shall be credited with, and the        1,424        

officer's successor shall be charged with, the amount of moneys    1,425        

so evidenced by such documents.                                                 

      (J)(1)  All investments, except for investments in           1,427        

securities described in divisions (A)(5) and (6) of this section,  1,429        

shall be made only through a member of the national association    1,430        

of securities dealers, through a bank, savings bank, or savings    1,431        

and loan association regulated by the superintendent of financial  1,433        

institutions, or through an institution regulated by the           1,434        

comptroller of the currency, federal deposit insurance             1,435        

corporation, or board of governors of the federal reserve system.  1,436        

      (2)  Payment for investments shall be made only upon the     1,438        

delivery of securities representing such investments to the        1,440        

treasurer, investing authority, or qualified trustee.  If the      1,441        

securities transferred are not represented by a certificate,       1,442        

payment shall be made only upon receipt of confirmation of         1,443        

transfer from the custodian by the treasurer, governing board, or  1,444        

                                                          36     


                                                                 
qualified trustee.                                                              

      (K)(1)  Except as otherwise provided in division (K)(2) of   1,446        

this section, no investing authority shall make an investment or   1,447        

deposit under this section, unless there is on file with the       1,448        

auditor of state a written investment policy approved by the       1,449        

investing authority.  The policy shall require that all entities   1,450        

conducting investment business with the investment authority       1,451        

shall sign the investment policy of that investment authority.                  

All brokers, dealers, and financial institutions, described in     1,452        

division (J)(1) of this section, initiating transactions with the  1,454        

investment authority by giving advice or making investment         1,455        

recommendations shall sign the investment authority's investment   1,456        

policy thereby acknowledging their agreement to abide by the                    

policy's contents.  All brokers, dealers, and financial            1,457        

institutions, described in division (J)(1) of this section,        1,458        

executing transactions initiated by the investment authority,      1,459        

having read the policy's contents, shall sign the investment       1,460        

policy thereby acknowledging their comprehension and receipt.                   

      (2)  If a written investment policy described in division    1,462        

(K)(1) of this section is not filed on behalf of the county with   1,463        

the auditor of state, the investing authority of that county       1,464        

shall invest the county's inactive moneys and moneys of the        1,465        

county library and local government support fund only in time      1,466        

certificates of deposits or savings or deposit accounts pursuant   1,467        

to division (A)(3) of this section or the Ohio subdivision's fund  1,468        

pursuant to division (A)(6) of this section.                                    

      (L)(1)  The investing authority shall establish and          1,470        

maintain an inventory of all obligations and securities acquired   1,471        

by the investing authority pursuant to this section.  The          1,472        

inventory shall include a description of each obligation or        1,473        

security, including type, cost, par value, maturity date,          1,474        

settlement date, and any coupon rate.                                           

      (2)  The investing authority shall also keep a complete      1,476        

record of all purchases and sales of the obligations and           1,477        

                                                          37     


                                                                 
securities made pursuant to this section.                          1,478        

      (3)  The investing authority shall maintain a monthly        1,480        

portfolio report and issue a quarterly investment COPY OF THE      1,481        

MONTHLY PORTFOLIO report describing such investments to the        1,482        

county investment advisory committee, detailing the current        1,483        

inventory of all obligations and securities, all transactions      1,484        

during the month that affected the inventory, any income received  1,485        

from the obligations and securities, and any investment expenses   1,486        

paid, and stating the names of any persons effecting transactions  1,487        

on behalf of the investing authority.                                           

      (4)  The monthly portfolio report and the quarterly          1,489        

investment report shall be A public records RECORD and available   1,491        

for inspection under section 149.43 of the Revised Code.           1,492        

      (5)  The inventory, AND the monthly portfolio report, and    1,494        

the quarterly investment report shall be on standard forms         1,496        

approved by the auditor of state and shall be filed with the       1,497        

board of county commissioners.                                                  

      (M)  An investing authority may enter into a written         1,500        

investment or deposit agreement that includes a provision under    1,501        

which the parties agree to submit to nonbinding arbitration to     1,502        

settle any controversy that may arise out of the agreement,        1,503        

including any controversy pertaining to losses of public moneys    1,504        

resulting from investment or deposit.  The arbitration provision   1,505        

shall be set forth entirely in the agreement, and the agreement    1,506        

shall include a conspicuous notice to the parties that any party   1,508        

to the arbitration may apply to the court of common pleas of the   1,509        

county in which the arbitration was held for an order to vacate,                

modify, or correct the award.  Any such party may also apply to    1,510        

the court for an order to change venue to a court of common pleas  1,511        

located more than one hundred miles from the county in which the   1,512        

investing authority is located.                                                 

      For purposes of this division, "investment or deposit        1,514        

agreement" means any agreement between an investing authority and  1,515        

a person, under which agreement the person agrees to invest,       1,516        

                                                          38     


                                                                 
deposit, or otherwise manage, on behalf of the investing           1,517        

authority, a county's inactive moneys or moneys in a county                     

library and local government support fund, or agrees to provide    1,518        

investment advice to the investing authority.                      1,519        

      (N)  An investment held in the county portfolio on the       1,521        

effective date of this amendment SEPTEMBER 27, 1996, that was a    1,523        

legal investment under the law as it existed before the effective  1,524        

date of this amendment SEPTEMBER 27, 1996, may be held until       1,525        

maturity, or if the investment does not have a maturity date the   1,526        

investment may be held until five years from the effective date    1,527        

of this amendment SEPTEMBER 27, 1996, regardless of whether the    1,529        

investment would qualify as a legal investment under the terms of               

this section as amended.                                           1,530        

      Sec. 135.37.  (A)  Any institution described in section      1,539        

135.32 of the Revised Code shall, at the time it receives a        1,540        

deposit of public moneys under section 135.33 or 135.35 of the     1,541        

Revised Code, pledge to and deposit with the investing authority,  1,542        

as security for the repayment of all public moneys to be           1,543        

deposited, eligible securities of aggregate market value equal to  1,544        

or in excess of the amount of public moneys to be at the time so   1,545        

deposited.  Any securities listed in division (B) of section       1,546        

135.18 of the Revised Code are eligible for such purpose.  The     1,547        

collateral so pledged or deposited may be in an amount that when   1,548        

added to the portion of the deposit insured by the federal         1,549        

deposit insurance corporation or any other agency or               1,550        

instrumentality of the federal government will, in the aggregate,  1,551        

equal or exceed the amount of public moneys so deposited;          1,552        

provided that, when an investment of inactive moneys consists of   1,553        

the purchase of one or more of the type of securities listed in    1,554        

division (A)(1) or (2) of section 135.35 of the Revised Code, no   1,555        

additional collateral need be pledged or deposited.                1,556        

      The investing authority also may require or accept surety    1,558        

company bonds as collateral for public deposits, subject to the    1,559        

provisions of divisions (A) to (E) of this section, and may        1,560        

                                                          39     


                                                                 
require that additional eligible securities be pledged or          1,561        

deposited when depreciation occurs in the market value of any      1,562        

securities pledged or deposited.                                   1,563        

      (B)  The public depository may, at any time, provide for     1,565        

the exchange or substitution of securities for other eligible      1,566        

securities or the release of securities when the amount of public  1,567        

moneys on deposit does not require that they be pledged or         1,568        

deposited, by notifying the investing authority of its intent to   1,569        

take such action.                                                  1,570        

      Upon proper notification of the public depository's desire   1,572        

for release of securities, the investing authority may sign a      1,573        

release of such securities provided that the aggregate amount of   1,574        

collateral remaining pledged or deposited meets the requirements   1,575        

of divisions (A) to (E) of this section.                           1,576        

      When a public depository desires to exchange or substitute   1,578        

securities for other eligible securities, the investing authority  1,579        

may release the securities pledged or deposited after the deposit  1,580        

of other securities having a current market value equal to or      1,581        

greater than the current market value of securities then on        1,582        

deposit or after a safekeeping receipt has been received           1,583        

evidencing the deposit and pledge of such securities.              1,584        

      (C)  Upon request from the investing authority, the trustee  1,586        

or the public depository shall furnish a statement of the          1,587        

securities pledged against the public moneys deposited in the      1,588        

public depository.                                                 1,589        

      (D)  If a public depository fails to pay over any part of    1,591        

any public deposit made as provided by law, the investing          1,592        

authority shall sell any pledged or deposited securities, as       1,593        

prescribed in division (C) of section 135.18 of the Revised Code.  1,594        

      (E)  A public depository may designate, in accordance with   1,596        

the provisions of division (D) of section 135.18 of the Revised    1,597        

Code, a trustee for the safekeeping of any pledged securities.     1,598        

Such trustee shall be any bank or other institution eligible as a  1,599        

trustee under division (I) of section 135.18 of the Revised Code,  1,600        

                                                          40     


                                                                 
except that, for the purposes of this section, a bank to which a   1,601        

certificate of qualification is issued shall be an institution     1,602        

mentioned in division (A) of section 135.32 of the Revised Code.   1,603        

      (F)  In lieu of the pledging requirements prescribed in      1,605        

divisions (A) to (E) of this section, an institution designated    1,606        

as a public depository may pledge securities pursuant to section   1,607        

135.181 of the Revised Code.                                       1,608        

      Sec. 307.55.  (A)  No claims against the county shall be     1,617        

paid otherwise than upon the allowance of the board of county      1,619        

commissioners, upon the warrant, INCLUDING AN ELECTRONIC WARRANT   1,620        

AUTHORIZING DIRECT DEPOSIT FOR PAYMENT OF A COUNTY OBLIGATION IN   1,621        

ACCORDANCE WITH DIVISION (F) OF SECTION 9.37 OF THE REVISED CODE,  1,622        

of the county auditor, except in those cases in which the amount   1,623        

due is fixed by law or is authorized to be fixed by some other     1,625        

person or tribunal, in which case it shall be paid upon the        1,626        

warrant of the auditor upon the proper certificate of the person   1,627        

or tribunal allowing the claim.                                                 

      (B)  No public money shall be disbursed by the board or any  1,629        

of its members, but shall be disbursed by the county treasurer,    1,631        

upon the warrant, INCLUDING AN ELECTRONIC WARRANT AUTHORIZING      1,632        

DIRECT DEPOSIT FOR PAYMENT OF A COUNTY OBLIGATION IN ACCORDANCE    1,633        

WITH DIVISION (F) OF SECTION 9.37 OF THE REVISED CODE, of the      1,634        

auditor specifying the name of the party entitled to such money,   1,635        

on what account, and upon whose allowance, if not fixed by law.    1,636        

      Sec. 319.16.  The county auditor shall issue warrants,       1,645        

INCLUDING ELECTRONIC WARRANTS AUTHORIZING DIRECT DEPOSIT FOR       1,646        

PAYMENT OF COUNTY OBLIGATIONS IN ACCORDANCE WITH DIVISION (F) OF   1,647        

SECTION 9.37 OF THE REVISED CODE, on the county treasurer for all  1,649        

moneys payable from the county treasury, upon presentation of the  1,650        

proper order or voucher and evidentiary matter for the moneys,     1,651        

and keep a record of all such warrants showing the number, date    1,652        

of issue, amount for which drawn, in whose favor, for what         1,653        

purpose, and on what fund.  The auditor shall not issue a warrant  1,654        

for the payment of any claim against the county, unless it is      1,655        

                                                          41     


                                                                 
allowed by the board of county commissioners, except where the     1,656        

amount due is fixed by law or is allowed by an officer or          1,657        

tribunal, including a county board of mental health or county      1,658        

board of mental retardation and developmental disabilities, so     1,659        

authorized by law.  If the auditor questions the validity of an    1,660        

expenditure that is within available appropriations and for which  1,661        

a proper order or voucher and evidentiary matter is presented,     1,662        

the auditor shall notify the board, officer, or tribunal who       1,663        

presented the voucher.  If the board, officer, or tribunal         1,664        

determines that the expenditure is valid and the auditor           1,665        

continues to refuse to issue the appropriate warrant on the        1,666        

county treasury, a writ of mandamus may be sought.  The court      1,667        

shall issue a writ of mandamus for issuance of the warrant if the  1,668        

court determines that the claim is valid.                          1,669        

      Evidentiary matter includes original invoices, receipts,     1,671        

bills and checks, and legible copies of contracts.                 1,672        

      Sec. 321.15.  No money shall be paid from the county         1,681        

treasury, or transferred to any person for disbursement, except    1,682        

on the warrant of the county auditor, INCLUDING AN ELECTRONIC      1,683        

WARRANT AUTHORIZING DIRECT DEPOSIT, IN ACCORDANCE WITH DIVISION    1,684        

(F) OF SECTION 9.37 OF THE REVISED CODE, FOR PAYMENT OF COUNTY     1,685        

OBLIGATIONS.                                                                    

      Sec. 321.16.  (A)  When a warrant drawn on him as THE        1,694        

county treasurer by the county auditor is presented for payment,   1,697        

if there is money in the county treasury or depository to the      1,698        

credit of the fund on which it is drawn, and the warrant is                     

endorsed by the payee thereof, the treasurer shall redeem it by    1,699        

payment of cash or by check on the depository.                     1,700        

      (B)  THE WARRANT, AND ALL INFORMATION RELATED TO THE         1,702        

PRESENTMENT OF THE WARRANT, MAY BE PROVIDED ELECTRONICALLY TO THE  1,703        

COUNTY TREASURER.                                                               

      Sec. 321.17.  When a warrant is presented to the county      1,712        

treasurer for payment, and is not paid, for want of money          1,713        

belonging to the particular fund on which it is drawn, the         1,714        

                                                          42     


                                                                 
treasurer shall indorse RECORD the warrant, "Not AS NOT paid for   1,715        

want of funds," with the date of its presentation, and sign his    1,716        

name to the warrant.  Such THE warrant shall thereafter bear       1,718        

interest at the rate of six per cent per annum YEAR.  A            1,720        

memorandum of all such warrants shall be kept by the treasurer in  1,721        

a book for that purpose.                                           1,722        

      Section 2.  That existing sections 9.37, 129.60, 135.12,     1,724        

135.14, 135.18, 135.181, 135.33, 135.341, 135.35, 135.37, 307.55,  1,725        

319.16, 321.15, 321.16, and 321.17 of the Revised Code are hereby  1,727        

repealed.