As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 82  5            

      1999-2000                                                    6            


      SENATORS JOHNSON-WACHTMANN-MUMPER-DRAKE-WHITE-KEARNS         8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 135.14, 135.22, 135.35, and 321.46  12           

                of the Revised Code to permit subdivision or       13           

                county treasurers to invest in certain no-load                  

                money market mutual funds in the absence of a      14           

                written investment policy on behalf of the         15           

                subdivision or county or in the cases of                        

                exemptions from or noncompliance with specified    16           

                initial or continuing education requirements by                 

                the subdivision or county treasurer.               17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 135.14, 135.22, 135.35, and        20           

321.46 of the Revised Code be amended to read as follows:          21           

      Sec. 135.14.  (A)  As used in this section, "treasurer"      30           

does not include the treasurer of state, and "governing board"     31           

does not include the state board of deposit.                       32           

      (B)  The treasurer or governing board may invest or deposit  34           

any part or all of the interim moneys.  The following              36           

classifications of obligations shall be eligible for such          37           

investment or deposit:                                                          

      (1)  United States treasury bills, notes, bonds, or any      39           

other obligation or security issued by the United States treasury  40           

or any other obligation guaranteed as to principal and interest    41           

by the United States.                                                           

      Nothing in the classification of eligible obligations set    43           

forth in division (B)(1) of this section or in the                 44           

classifications of eligible obligations set forth in divisions     45           

                                                          2      


                                                                 
(B)(2) to (6) of this section shall be construed to authorize any  46           

investment in stripped principal or interest obligations of such   47           

eligible obligations.                                                           

      (2)  Bonds, notes, debentures, or any other obligations or   49           

securities issued by any federal government agency or              50           

instrumentality, including but not limited to, the federal         51           

national mortgage association, federal home loan bank, federal     52           

farm credit bank, federal home loan mortgage corporation,          53           

government national mortgage association, and student loan                      

marketing association.  All federal agency securities shall be     54           

direct issuances of federal government agencies or                 55           

instrumentalities.                                                              

      (3)  Interim deposits in the eligible institutions applying  57           

for interim moneys as provided in section 135.08 of the Revised    58           

Code.  The award of interim deposits shall be made in accordance   59           

with section 135.09 of the Revised Code and the treasurer or the   60           

governing board shall determine the periods for which such         61           

interim deposits are to be made and shall award such interim       62           

deposits for such periods, provided that any eligible institution  63           

receiving an interim deposit award may, upon notification that     64           

the award has been made, decline to accept the interim deposit in  65           

which event the award shall be made as though such THE             66           

institution had not applied for such interim deposit.              67           

      (4)  Bonds and other obligations of this state;              69           

      (5)  No-load money market mutual funds consisting            71           

exclusively of obligations described in division (B)(1) or (2) of  73           

this section and repurchase agreements secured by such                          

obligations, provided that investments in securities described in  75           

this division are made only through eligible institutions                       

mentioned in section 135.03 of the Revised Code;                   76           

      (6)  The Ohio subdivision's fund as provided in section      78           

135.45 of the Revised Code.                                        79           

      (C)  Nothing in the classifications of eligible obligations  81           

set forth in divisions (B)(1) to (6) of this section shall be      82           

                                                          3      


                                                                 
construed to authorize any investment in a derivative, and no      83           

treasurer or governing board shall invest in a derivative.  For    84           

purposes of this division, "derivative" means a financial          85           

instrument or contract or obligation whose value or return is      86           

based upon or linked to another asset or index, or both, separate  87           

from the financial instrument, contract, or obligation itself.                  

Any security, obligation, trust account, or other instrument that  88           

is created from an issue of the United States treasury or is       89           

created from an obligation of a federal agency or instrumentality  90           

or is created from both is considered a derivative instrument.     91           

An eligible investment described in this section with a variable   92           

interest rate payment, based upon a single interest payment or     93           

single index comprised of other eligible investments provided for  94           

in division (B)(1) or (2) of this section, is not a derivative,    95           

provided that such variable rate investment has a maximum                       

maturity of two years.                                             96           

      (D)  Any investment made pursuant to this section must       98           

mature within five years from the date of settlement, unless the   99           

investment is matched to a specific obligation or debt of the      100          

subdivision.                                                       101          

      (E)  The treasurer or governing board may also enter into a  103          

written repurchase agreement with any eligible institution         104          

mentioned in section 135.03 of the Revised Code or any eligible    105          

dealer pursuant to division (M) of this section, under the terms   106          

of which agreement the treasurer or governing board purchases,     107          

and such institution or dealer agrees unconditionally to           108          

repurchase any of the securities listed in division (B)(1) or (2)  109          

of this section.  The market value of securities subject to an     110          

overnight repurchase agreement must exceed the principal value of  111          

the overnight repurchase agreement by at least two per cent.  A    112          

term repurchase agreement shall not exceed thirty days and the     113          

market value of securities subject to a term repurchase agreement  114          

must exceed the principal value of the term repurchase agreement   115          

by at least two per cent and be marked to market daily.  All       116          

                                                          4      


                                                                 
securities purchased pursuant to this division shall be delivered  117          

into the custody of the treasurer or governing board or an agent   118          

designated by the treasurer or governing board.  A repurchase      119          

agreement with an eligible securities dealer shall be transacted   120          

on a delivery versus payment basis.  The agreement shall contain   121          

the requirement that for each transaction pursuant to the          122          

agreement the participating institution or dealer shall provide    123          

all of the following information:                                               

      (1)  The par value of the securities;                        125          

      (2)  The type, rate, and maturity date of the securities;    127          

      (3)  A numerical identifier generally accepted in the        129          

securities industry that designates the securities.                130          

      No treasurer or governing board shall enter into a written   132          

repurchase agreement under the terms of which the treasurer or     133          

governing board agrees to sell securities owned by the             134          

subdivision to a purchaser and agrees with that purchaser to       135          

unconditionally repurchase those securities.                                    

      (F)  No treasurer or governing board shall make an           137          

investment under this section, unless the treasurer or governing   138          

board, at the time of making the investment, reasonably expects    139          

that the investment can be held until its maturity.                140          

      (G)  No treasurer or governing board shall pay interim       142          

moneys into a fund established by another subdivision, treasurer,  143          

governing board, or investing authority, if that fund was          144          

established for the purpose of investing the public moneys of      145          

other subdivisions.  This division does not apply to the payment   146          

of public moneys into either of the following:                                  

      (1)  The Ohio subdivision's fund pursuant to division        149          

(B)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     151          

constructing, owning, leasing, or operating municipal utilities    152          

pursuant to the authority provided under section 715.02 of the     153          

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     154          

      For purposes of division (G) of this section, "subdivision"  156          

                                                          5      


                                                                 
includes a county.                                                 157          

      (H)  The use of leverage, in which the treasurer or          159          

governing board uses its current investment assets as collateral   160          

for the purpose of purchasing other assets, is prohibited.  The    161          

issuance of taxable notes for the purpose of arbitrage is          162          

prohibited.  Contracting to sell securities that have not yet      163          

been acquired by the treasurer or governing board, for the                      

purpose of purchasing such securities on the speculation that      164          

bond prices will decline, is prohibited.                           165          

      (I)  Whenever, during a period of designation, the           167          

treasurer classifies public moneys as interim moneys, the          168          

treasurer shall notify the governing board of such action.  Such   169          

THE notification shall be given within thirty days after such      170          

classification and in the event the governing board does not       171          

concur in such classification or in the investments or deposits    172          

made under this section, the governing board may order the         173          

treasurer to sell or liquidate any of such investments or          174          

deposits, and any such order shall specifically describe the       175          

investments or deposits and fix the date upon which they are to    176          

be sold or liquidated.  Investments or deposits so ordered to be   177          

sold or liquidated shall be sold or liquidated for cash by the     178          

treasurer on the date fixed in such order at the then current      179          

market price.  Neither the treasurer nor the members of the board  180          

shall be held accountable for any loss occasioned by sales or      181          

liquidations of investments or deposits at prices lower than       182          

their cost.  Any loss or expense incurred in making such sales or  183          

liquidations is payable as other expenses of the treasurer's       184          

office.                                                                         

      (J)  If any investments or deposits purchased under the      186          

authority of this section are issuable to a designated payee or    187          

to the order of a designated payee, the name of the treasurer and  188          

the title of the treasurer's office shall be so designated.  If    189          

any such securities are registrable either as to principal or      190          

interest, or both, then such securities shall be registered in     191          

                                                          6      


                                                                 
the name of the treasurer as such.                                 192          

      (K)  The treasurer is responsible for the safekeeping of     194          

all documents evidencing a deposit or investment acquired by the   195          

treasurer under this section.  Any securities may be deposited     196          

for safekeeping with a qualified trustee as provided in section    197          

135.18 of the Revised Code, except the delivery of securities      198          

acquired under any repurchase agreement under this section shall   199          

be made to a qualified trustee, provided, however, that the        200          

qualified trustee shall be required to report to the treasurer,    201          

governing board, auditor of state, or an authorized outside        202          

auditor at any time upon request as to the identity, market        203          

value, and location of the document evidencing each security, and  204          

that if the participating institution is a designated depository   205          

of the subdivision for the current period of designation, the      206          

securities that are the subject of the repurchase agreement may    207          

be delivered to the treasurer or held in trust by the              208          

participating institution on behalf of the subdivision.  Interest  209          

earned on any investments or deposits authorized by this section   210          

shall be collected by the treasurer and credited by the treasurer  212          

to the proper fund of the subdivision.                                          

      Upon the expiration of the term of office of a treasurer or  214          

in the event of a vacancy in the office of treasurer by reason of  215          

death, resignation, removal from office, or otherwise, the         216          

treasurer or the treasurer's legal representative shall transfer   217          

and deliver to the treasurer's successor all documents evidencing  218          

a deposit or investment held by the treasurer.  For the            219          

investments and deposits so transferred and delivered, such        220          

treasurer shall be credited with and the treasurer's successor     221          

shall be charged with the amount of money held in such                          

investments and deposits.                                          222          

      (L)  Whenever investments or deposits acquired under this    224          

section mature and become due and payable, the treasurer shall     225          

present them for payment according to their tenor, and shall       226          

collect the moneys payable thereon.  The moneys so collected       227          

                                                          7      


                                                                 
shall be treated as public moneys subject to sections 135.01 to    228          

135.21 of the Revised Code.                                        229          

      (M)(1)  All investments, except for investments in           231          

securities described in divisions (B)(5) and (6) of this section   232          

and for investments by a municipal corporation in the issues of    233          

such municipal corporation, shall be made only through a member    234          

of the national association of securities dealers, through a       235          

bank, savings bank, or savings and loan association regulated by   236          

the superintendent of financial institutions, or through an        237          

institution regulated by the comptroller of the currency, federal  238          

deposit insurance corporation, or board of governors of the        239          

federal reserve system.                                                         

      (2)  Payment for investments shall be made only upon the     241          

delivery of securities representing such investments to the        242          

treasurer, governing board, or qualified trustee.  If the          243          

securities transferred are not represented by a certificate,       244          

payment shall be made only upon receipt of confirmation of         245          

transfer from the custodian by the treasurer, governing board, or  246          

qualified trustee.                                                 247          

      (N)(1)  Except as otherwise provided in divisions (N)(2)     249          

and (3) of this section, no treasurer or governing board shall     250          

make an investment or deposit under this section, unless there is  252          

on file with the auditor of state a written investment policy      253          

approved by the treasurer or governing board. The policy shall     254          

require that all entities conducting investment business with the  255          

treasurer or governing board shall sign the investment policy of   256          

that subdivision.  All brokers, dealers, and financial             257          

institutions, described in division (M)(1) of this section,        258          

initiating transactions with the treasurer or governing board by   259          

giving advice or making investment recommendations shall sign the  260          

treasurer's or governing board's investment policy thereby                      

acknowledging their agreement to abide by the policy's contents.   261          

All brokers, dealers, and financial institutions, described in     262          

division (M)(1) of this section, executing transactions initiated  263          

                                                          8      


                                                                 
by the treasurer or governing board, having read the policy's      264          

contents, shall sign the investment policy thereby acknowledging   265          

their comprehension and receipt.                                                

      (2)  If a written investment policy described in division    267          

(N)(1) of this section is not filed on behalf of the subdivision   268          

with the auditor of state, the treasurer or governing board of     269          

that subdivision shall invest the subdivision's interim moneys     270          

only in interim deposits pursuant to division (B)(3) of this       271          

section, NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION    272          

(B)(5) OF THIS SECTION, or the Ohio subdivision's fund pursuant    273          

to division (B)(6) of this section.                                             

      (3)  Divisions (N)(1) and (2) of this section do not apply   275          

to a treasurer or governing board of a subdivision whose average   276          

annual portfolio of investments held pursuant to this section is   277          

one hundred thousand dollars or less, provided that the treasurer  278          

or governing board certifies, on a form prescribed by the auditor  279          

of state, that the treasurer or governing board will comply and    280          

is in compliance with the provisions of sections 135.01 to 135.21  282          

of the Revised Code.                                                            

      (O)  A treasurer or governing board may enter into a         285          

written investment or deposit agreement that includes a provision  286          

under which the parties agree to submit to nonbinding arbitration  287          

to settle any controversy that may arise out of the agreement,     288          

including any controversy pertaining to losses of public moneys    289          

resulting from investment or deposit.  The arbitration provision   290          

shall be set forth entirely in the agreement, and the agreement    291          

shall include a conspicuous notice to the parties that any party   293          

to the arbitration may apply to the court of common pleas of the   294          

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

modify, or correct the award.  Any such party may also apply to    295          

the court for an order to change venue to a court of common pleas  296          

located more than one hundred miles from the county in which the   297          

treasurer or governing board is located.                           298          

      For purposes of this division, "investment or deposit        300          

                                                          9      


                                                                 
agreement" means any agreement between a treasurer or governing    301          

board and a person, under which agreement the person agrees to     302          

invest, deposit, or otherwise manage a subdivision's interim       303          

moneys on behalf of the treasurer or governing board, or agrees    304          

to provide investment advice to the treasurer or governing board.               

      (P)  An investment made by the treasurer or governing board  306          

pursuant to this section prior to the effective date of this       307          

amendment SEPTEMBER 27, 1996, that was a legal investment under    309          

the law as it existed before the effective date of this amendment  311          

SEPTEMBER 27, 1996, may be held until maturity, or if the          312          

investment does not have a maturity date, it may be held until     313          

five years from the effective date of this amendment SEPTEMBER     315          

27, 1996, regardless of whether the investment would qualify as a  316          

legal investment under the terms of this section as amended.       317          

      Sec. 135.22.  (A)  For purposes of this section:             326          

      (1)  "Treasurer" has the same meaning as in section 135.01   328          

of the Revised Code, but does not include the treasurer of state.  329          

"Treasurer" includes any person whose duties include making        330          

investment decisions with respect to the investment or deposit of  331          

interim moneys.                                                                 

      (2)  "Subdivision" has the same meaning as in section        333          

135.01 of the Revised Code.                                        334          

      (B)  To enhance the background and working knowledge of      336          

treasurers in investments, cash management, and ethics, the        337          

treasurer of state shall provide annual continuing education       338          

programs for treasurers.  A treasurer annually shall complete the  340          

continuing education programs described in this section, unless    341          

the treasurer annually provides a notice of exemption described    342          

in division (E) of this section.                                                

      (C)  The treasurer of state shall determine the manner,      344          

content, and length of the continuing education programs after     345          

consultation with appropriate statewide organizations of local     346          

government officials.                                                           

      (D)  Upon successful completion of a continuing education    348          

                                                          10     


                                                                 
program required by this section, the treasurer of state shall     349          

issue a certificate indicating that the treasurer has              350          

successfully completed the continuing education program                         

prescribed by the treasurer of state.  The treasurer of state      351          

shall forward to the auditor of state any certificates issued      352          

pursuant to this division by the treasurer of state.  The auditor  353          

of state shall maintain in the auditor's records any certificates  354          

forwarded by the treasurer of state pursuant to this division.     355          

As part of the auditor of state's audit of the subdivision                      

conducted in accordance with section 117.11 of the Revised Code,   356          

the auditor of state shall report whether the treasurer is in      357          

compliance with this section of the Revised Code.                  358          

      (E)  Division (B) of this section does not apply to any      361          

treasurer who annually provides a notice of exemption to the       362          

auditor of state.  The notice shall be certified by the treasurer  363          

of state and shall provide that the treasurer is not subject to                 

the continuing education requirements set forth in division (B)    364          

of this section, because the treasurer invests or deposits public  365          

moneys in the following investments only:                          366          

      (1)  Interim deposits pursuant to division (B)(3) of         368          

section 135.14 of the Revised Code;                                369          

      (2)  NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION  371          

(B)(5) OF SECTION 135.14 OF THE REVISED CODE;                      372          

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

(B)(6) of section 135.14 of the Revised Code.                      376          

      (F)  In carrying out the duties required by this section,    378          

the treasurer of state may charge the subdivision served by the    379          

treasurer a registration fee that will meet actual and necessary   380          

expenses in connection with the training of the treasurer,         381          

including instruction fees, site acquisition costs, and the cost   382          

of course materials.  Any necessary personal expenses of a                      

treasurer incurred as a result of attending the continuing         383          

education courses shall be borne by the subdivision represented    384          

by the treasurer.                                                               

                                                          11     


                                                                 
      (G)  The treasurer of state may allow any other interested   386          

person to attend any of the continuing education programs that     387          

are held pursuant to this section, provided that before attending  388          

any such continuing education program, the interested person has   389          

paid to the treasurer of state the full registration fee set for   390          

the continuing education program.                                               

      (H)  All funds collected pursuant to this section shall be   392          

paid into the county treasurer education fund created pursuant to  393          

section 321.46 of the Revised Code, and the actual and necessary   395          

expenses of the treasurer of state in conducting the continuing    396          

education programs required by this section shall be paid from     397          

this fund.                                                                      

      (I)  The treasurer of state may adopt reasonable rules not   399          

inconsistent with this section for the implementation of this      400          

section.                                                                        

      Sec. 135.35.  (A)  The investing authority shall deposit or  409          

invest any part or all of the county's inactive moneys and shall   410          

invest all of the money in the county library and local            411          

government support fund when required by section 135.352 of the    412          

Revised Code.  The following classifications of securities and     413          

obligations are eligible for such deposit or investment:           414          

      (1)  United States treasury bills, notes, bonds, or any      416          

other obligation or security issued by the United States treasury  417          

or any other obligation guaranteed as to principal or interest by  418          

the United States.                                                              

      Nothing in the classification of eligible securities and     420          

obligations set forth in division (A)(1) of this section or in     421          

the classifications of eligible securities and obligations set     422          

forth in divisions (A)(2) to (9) of this section shall be          423          

construed to authorize any investment in stripped principal or     424          

interest obligations of such eligible securities and obligations.               

      (2)  Bonds, notes, debentures, or any other obligations or   426          

securities issued by any federal government agency or              427          

instrumentality, including but not limited to, the federal         428          

                                                          12     


                                                                 
national mortgage association, federal home loan bank, federal     429          

farm credit bank, federal home loan mortgage corporation,          430          

government national mortgage association, and student loan         431          

marketing association.  All federal agency securities shall be     432          

direct issuances of federal government agencies or                              

instrumentalities.                                                 433          

      (3)  Time certificates of deposit or savings or deposit      435          

accounts, including, but not limited to, passbook accounts, in     436          

any eligible institution mentioned in section 135.32 of the        437          

Revised Code;                                                      438          

      (4)  Bonds and other obligations of this state or the        440          

political subdivisions of this state, provided that such           441          

political subdivisions are located wholly or partly within the     442          

same county as the investing authority;                                         

      (5)  No-load money market mutual funds consisting            444          

exclusively of obligations described in division (A)(1) or (2) of  445          

this section and repurchase agreements secured by such             446          

obligations, provided that investments in securities described in  448          

this division are made only through eligible institutions                       

mentioned in section 135.32 of the Revised Code;                   449          

      (6)  The Ohio subdivision's fund as provided in section      451          

135.45 of the Revised Code.;                                       452          

      (7)  Securities lending agreements with any eligible         454          

institution mentioned in section 135.32 of the Revised Code that   455          

is a member of the federal reserve system or federal home loan     456          

bank, under the terms of which agreements the investing authority  458          

lends securities and the eligible institution agrees to            459          

simultaneously exchange either securities described in division                 

(A)(1) or (2) of this section or cash or both securities and       460          

cash, equal value for equal value;                                 461          

      (8)  Commercial paper issued by any corporation              463          

incorporated under the laws of the United States or a state if     464          

both of the following conditions apply:                            465          

      (a)  Two nationally recognized rating agencies rank the      467          

                                                          13     


                                                                 
commercial paper in either of their two highest categories;        468          

      (b)  The total amount invested in commercial paper at any    470          

time does not exceed five per cent of the county's total average   472          

portfolio, as determined and calculated by the investing           473          

authority.                                                                      

      (9)  Bankers acceptances, if the following conditions are    475          

met:                                                                            

      (a)  The acceptances mature in two hundred seventy days or   477          

fewer from the date of settlement;                                 478          

      (b)  The acceptances are eligible for purchase by the        480          

federal reserve system;                                            481          

      (c)  The total amount invested in bankers acceptances at     483          

any time does not exceed ten per cent of the county's total        484          

average portfolio, as determined and calculated by the investing   485          

authority.                                                                      

      (B)  Nothing in the classifications of eligible obligations  487          

and securities set forth in divisions (A)(1) to (9) of this        488          

section shall be construed to authorize investment in a            489          

derivative, and no investing authority shall invest any county     490          

inactive moneys or any moneys in a county library and local        491          

government support fund in a derivative.  For purposes of this     492          

division, "derivative" means a financial instrument or contract    493          

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

another asset or index, or both, separate from the financial       494          

instrument, contract, or obligation itself.  Any security,         495          

obligation, trust account, or other instrument that is created     496          

from an issue of the United States treasury or is created from an  497          

obligation of a federal agency or instrumentality or is created    498          

from both is considered a derivative instrument.  An eligible      499          

investment described in this section with a variable interest      500          

rate payment, based upon a single interest payment or single                    

index comprised of other eligible investments provided for in      501          

division (A)(1) or (2) of this section, is not a derivative,       502          

provided that such variable rate investment has a maximum          503          

                                                          14     


                                                                 
maturity of two years.                                                          

      (C)  Any investment made pursuant to this section must       505          

mature within five years from the date of settlement, unless the   506          

investment is matched to a specific obligation or debt of the      507          

county, and the investment is specifically approved by the         508          

investment advisory committee.                                     509          

      (D)  The investing authority may also enter into a written   511          

repurchase agreement with any eligible institution mentioned in    513          

section 135.32 of the Revised Code or any eligible securities                   

dealer pursuant to division (J) of this section, under the terms   514          

of which agreement the investing authority purchases and the       515          

eligible institution or dealer agrees unconditionally to           517          

repurchase any of the securities listed in division (A)(1) or (2)  518          

of this section.   The market value of securities subject to an    519          

overnight repurchase agreement must exceed the principal value of  520          

the overnight repurchase agreement by at least two per cent.  A    521          

term repurchase agreement must exceed the principal value of the                

overnight repurchase agreement, by at least two per cent.  A term  522          

repurchase agreement shall not exceed thirty days, and the market  523          

value of securities subject to a term repurchase agreement must    524          

exceed the principal value of the term repurchase agreement by at  525          

least two per cent and be marked to market daily.  All securities  526          

purchased pursuant to this division shall be delivered into the    527          

custody of the investing authority or the qualified custodian of   528          

the investing authority or an agent designated by the investing    529          

authority.  A repurchase agreement with an eligible securities     530          

dealer shall be transacted on a delivery versus payment basis.     531          

The agreement shall contain the requirement that for each          532          

transaction pursuant to the agreement the participating            533          

institution shall provide all of the following information:        534          

      (1)  The par value of the securities;                        536          

      (2)  The type, rate, and maturity date of the securities;    538          

      (3)  A numerical identifier generally accepted in the        540          

securities industry that designates the securities.                541          

                                                          15     


                                                                 
      No investing authority shall enter into a written            543          

repurchase agreement under the terms of which the investing        544          

authority agrees to sell securities owned by the county to a       546          

purchaser and agrees with that purchaser to unconditionally                     

repurchase those securities.                                       547          

      (E)  No investing authority shall make an investment under   550          

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

making the investment, reasonably expects that the investment can  551          

be held until its maturity.  The investing authority's written     552          

investment policy shall specify the conditions under which an      553          

investment may be redeemed or sold prior to maturity.              554          

      (F)  No investing authority shall pay a county's inactive    556          

moneys or moneys of a county library and local government support  557          

fund into a fund established by another subdivision, treasurer,    558          

governing board, or investing authority, if that fund was          559          

established by the subdivision, treasurer, governing board, or     560          

investing authority for the purpose of investing or depositing     561          

the public moneys of other subdivisions.  This division does not                

apply to the payment of public moneys into either of the           562          

following:                                                                      

      (1)  The Ohio subdivision's fund pursuant to division        564          

(A)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     566          

constructing, owning, leasing, or operating municipal utilities    567          

pursuant to the authority provided under section 715.02 of the     568          

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     569          

      For purposes of division (F) of this section, "subdivision"  571          

includes a county.                                                 572          

      (G)  The use of leverage, in which the county uses its       574          

current investment assets as collateral for the purpose of         575          

purchasing other assets, is prohibited.  The issuance of taxable   576          

notes for the purpose of arbitrage is prohibited.  Contracting to  577          

sell securities not owned by the county, for the purpose of        578          

purchasing such securities on the speculation that bond prices                  

                                                          16     


                                                                 
will decline, is prohibited.                                       579          

      (H)  Any securities, certificates of deposit, deposit        581          

accounts, or any other documents evidencing deposits or            582          

investments made under authority of this section shall be issued   583          

in the name of the county with the county treasurer or investing   584          

authority as the designated payee.  If any such deposits or        585          

investments are registrable either as to principal or interest,    586          

or both, they shall be registered in the name of the treasurer.    587          

      (I)  The investing authority shall be responsible for the    589          

safekeeping of all documents evidencing a deposit or investment    590          

acquired under this section including, but not limited to,         591          

safekeeping receipts evidencing securities deposited with a        592          

qualified trustee, as provided in section 135.37 of the Revised    593          

Code, and documents confirming the purchase of securities under    594          

any repurchase agreement under this section shall be deposited     595          

with a qualified trustee, provided, however, that the qualified    596          

trustee shall be required to report to the investing authority,    597          

auditor of state, or an authorized outside auditor at any time     598          

upon request as to the identity, market value, and location of     599          

the document evidencing each security, and that if the             600          

participating institution is a designated depository of the        601          

county for the current period of designation, the securities that  602          

are the subject of the repurchase agreement may be delivered to    603          

the treasurer or held in trust by the participating institution    604          

on behalf of the investing authority.                              605          

      Upon the expiration of the term of office of an investing    607          

authority or in the event of a vacancy in the office for any       608          

reason, the officer or the officer's legal representative shall    610          

transfer and deliver to the officer's successor all documents                   

mentioned in this division for which the officer has been          611          

responsible for safekeeping.  For all such documents transferred   613          

and delivered, such officer shall be credited with, and the        614          

officer's successor shall be charged with, the amount of moneys    615          

so evidenced by such documents.                                                 

                                                          17     


                                                                 
      (J)(1)  All investments, except for investments in           617          

securities described in divisions (A)(5) and (6) of this section,  619          

shall be made only through a member of the national association    620          

of securities dealers, through a bank, savings bank, or savings    621          

and loan association regulated by the superintendent of financial  623          

institutions, or through an institution regulated by the           624          

comptroller of the currency, federal deposit insurance             625          

corporation, or board of governors of the federal reserve system.  626          

      (2)  Payment for investments shall be made only upon the     628          

delivery of securities representing such investments to the        630          

treasurer, investing authority, or qualified trustee.  If the      631          

securities transferred are not represented by a certificate,       632          

payment shall be made only upon receipt of confirmation of         633          

transfer from the custodian by the treasurer, governing board, or  634          

qualified trustee.                                                              

      (K)(1)  Except as otherwise provided in division (K)(2) of   636          

this section, no investing authority shall make an investment or   637          

deposit under this section, unless there is on file with the       638          

auditor of state a written investment policy approved by the       639          

investing authority.  The policy shall require that all entities   640          

conducting investment business with the investment authority       641          

shall sign the investment policy of that investment authority.                  

All brokers, dealers, and financial institutions, described in     642          

division (J)(1) of this section, initiating transactions with the  644          

investment authority by giving advice or making investment         645          

recommendations shall sign the investment authority's investment   646          

policy thereby acknowledging their agreement to abide by the                    

policy's contents.  All brokers, dealers, and financial            647          

institutions, described in division (J)(1) of this section,        648          

executing transactions initiated by the investment authority,      649          

having read the policy's contents, shall sign the investment       650          

policy thereby acknowledging their comprehension and receipt.                   

      (2)  If a written investment policy described in division    652          

(K)(1) of this section is not filed on behalf of the county with   653          

                                                          18     


                                                                 
the auditor of state, the investing authority of that county       654          

shall invest the county's inactive moneys and moneys of the        655          

county library and local government support fund only in time      656          

certificates of deposits or savings or deposit accounts pursuant   657          

to division (A)(3) of this section, NO-LOAD MONEY MARKET MUTUAL    658          

FUNDS PURSUANT TO DIVISION (A)(5) OF THIS SECTION, or the Ohio     659          

subdivision's fund pursuant to division (A)(6) of this section.                 

      (L)(1)  The investing authority shall establish and          661          

maintain an inventory of all obligations and securities acquired   662          

by the investing authority pursuant to this section.  The          663          

inventory shall include a description of each obligation or        664          

security, including type, cost, par value, maturity date,          665          

settlement date, and any coupon rate.                                           

      (2)  The investing authority shall also keep a complete      667          

record of all purchases and sales of the obligations and           668          

securities made pursuant to this section.                          669          

      (3)  The investing authority shall maintain a monthly        671          

portfolio report and issue a quarterly investment report           672          

describing such investments to the county investment advisory      673          

committee, detailing the current inventory of all obligations and  674          

securities, all transactions during the month that affected the    675          

inventory, any income received from the obligations and                         

securities, and any investment expenses paid, and stating the      676          

names of any persons effecting transactions on behalf of the       677          

investing authority.                                                            

      (4)  The monthly portfolio report and the quarterly          679          

investment report shall be public records and available for        680          

inspection under section 149.43 of the Revised Code.                            

      (5)  The inventory, the monthly portfolio report, and the    682          

quarterly investment report shall be on standard forms approved    683          

by the auditor of state and shall be filed with the board of       684          

county commissioners.                                                           

      (M)  An investing authority may enter into a written         687          

investment or deposit agreement that includes a provision under    688          

                                                          19     


                                                                 
which the parties agree to submit to nonbinding arbitration to     689          

settle any controversy that may arise out of the agreement,        690          

including any controversy pertaining to losses of public moneys    691          

resulting from investment or deposit.  The arbitration provision   692          

shall be set forth entirely in the agreement, and the agreement    693          

shall include a conspicuous notice to the parties that any party   695          

to the arbitration may apply to the court of common pleas of the   696          

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

modify, or correct the award.  Any such party may also apply to    697          

the court for an order to change venue to a court of common pleas  698          

located more than one hundred miles from the county in which the   699          

investing authority is located.                                                 

      For purposes of this division, "investment or deposit        701          

agreement" means any agreement between an investing authority and  702          

a person, under which agreement the person agrees to invest,       703          

deposit, or otherwise manage, on behalf of the investing           704          

authority, a county's inactive moneys or moneys in a county                     

library and local government support fund, or agrees to provide    705          

investment advice to the investing authority.                      706          

      (N)  An investment held in the county portfolio on the       708          

effective date of this amendment SEPTEMBER 27, 1996, that was a    710          

legal investment under the law as it existed before the effective  711          

date of this amendment SEPTEMBER 27, 1996, may be held until       712          

maturity, or if the investment does not have a maturity date the   713          

investment may be held until five years from the effective date    714          

of this amendment SEPTEMBER 27, 1996, regardless of whether the    716          

investment would qualify as a legal investment under the terms of               

this section as amended.                                           717          

      Sec. 321.46.  (A)  To enhance the background and working     727          

knowledge of county treasurers in governmental accounting,         728          

portfolio reporting and compliance, investments, and cash          729          

management, the auditor of state and the treasurer of state shall  730          

conduct education programs for persons elected for the first time  731          

to the office of county treasurer and shall hold annual            732          

                                                          20     


                                                                 
continuing education programs for persons who continue to hold     733          

the office of county treasurer.  Education programs for newly      734          

elected county treasurers shall be held between the first day of   735          

December and the first Monday of September next following that     736          

person's election to the office of county treasurer.  Similar      737          

initial training may also be provided to any county treasurer who  738          

is appointed to fill a vacancy or who is elected at a special      739          

election.                                                                       

      (B)(1)  The auditor of state shall determine the manner and  741          

content of the education programs in the subject areas of          743          

governmental accounting and portfolio reporting and compliance.    744          

In those areas, newly elected county treasurers shall be required  745          

to take at least thirteen hours of education before taking         746          

office.                                                                         

      (2)  The treasurer of state shall determine the manner and   748          

content of the education programs in the subject areas of          749          

investments and cash management.  In those areas, newly elected    750          

county treasurers shall be required to take at least thirteen      751          

hours of education before taking office.                           752          

      (3)  After completing one year in office, a county           754          

treasurer shall be required to take not less than twelve hours     755          

annually of continuing education.  The treasurer of state shall    756          

determine the manner and content of the education programs in the  757          

subject areas of investments, cash management, the collection of   758          

taxes, ethics, and any other subject area that the treasurer of                 

state determines is reasonably related to the duties of the        759          

office of the county treasurer.  The auditor of state shall        761          

determine the manner and content of the education programs in the  762          

subject areas of governmental accounting, portfolio reporting and  763          

compliance, office management, and any other subject area that                  

the auditor of state determines is reasonably related to the       764          

duties of the office of the county treasurer.                      765          

      (C)  The auditor of state and the treasurer of state may     768          

each charge counties a registration fee that will meet actual and  769          

                                                          21     


                                                                 
necessary expenses of the training of county treasurers,           770          

including instructor fees, site acquisition costs, and the cost    771          

of course materials.  The necessary personal expenses of county    772          

treasurers as a result of attending the training programs shall    773          

be borne by the counties the treasurers represent.                 774          

      (D)  The auditor of state and the treasurer of state may     777          

allow any other interested person to attend any of the education   778          

programs that are held pursuant to this section, provided that     779          

before attending any such education program, the interested        780          

person shall pay to either the auditor of state or the treasurer   781          

of state, as appropriate, the full registration fee set for the    782          

education program.                                                              

      (E)  A county treasurer who fails to complete the initial    785          

or continuing education programs required by this section without  786          

a valid health-related excuse or other special hardship shall be                

restricted to investing in the Ohio subdivision's fund pursuant    787          

to division (A)(6) of section 135.35 of the Revised Code, IN       789          

NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION (A)(5) OF   790          

SECTION 135.35 OF THE REVISED CODE, or in time certificate of                   

deposits or deposit accounts pursuant to division (A)(3) of        792          

section 135.35 of the Revised Code.  A county treasurer who has    793          

failed to complete the initial or continuing education programs                 

and invests in other than the investments permitted by this        794          

division shall be subject to removal from office upon complaint    796          

and investigation by the county prosecuting attorney, a hearing,                

and a resolution adopted by the board of county commissioners      797          

approving the removal from office.                                 798          

      (F)(1)  There is hereby created in the state treasury the    801          

county treasurer education fund, to be used by the treasurer of    802          

state for actual and necessary expenses of education programs      804          

held pursuant to this section.  All registration fees collected    805          

by the treasurer of state under this section shall be paid into    806          

that fund.                                                                      

      (2)  All registration fees collected by the auditor of       808          

                                                          22     


                                                                 
state under this section shall be paid into the auditor of state   809          

training program fund established under section 117.44 of the      810          

Revised Code.                                                                   

      (G)  The treasurer of state, with the advice and consent of  813          

the auditor of state, may adopt reasonable rules not inconsistent  814          

with this section for the implementation of this section.          815          

      Section 2.  That existing sections 135.14, 135.22, 135.35,   817          

and 321.46 of the Revised Code are hereby repealed.                818