As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 82  5            

      1999-2000                                                    6            


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

    BLESSING-HERINGTON-SPADA-LATELL-DiDONATO-HOTTINGER-FINAN-      9            

             RAY-WATTS-HORN-GARDNER-ARMBRUSTER-NEIN-               11           

REPRESENTATIVES D. MILLER-SCHULER-EVANS-OLMAN-VERICH-MAIER-SULZER-               

  TIBERI-BUEHRER-MEAD-TERWILLEGER-O'BRIEN-SYKES-PATTON-AUSTRIA-    12           

 HARRIS-DISTEL-SCHULER-CALVERT-SALERNO-AMSTUTZ-PETERSON-WIDENER-   13           

                 YOUNG-GRENDELL-BARRETT-ROBERTS                    14           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 135.14, 135.143, 135.22, 135.35,    17           

                and 321.46 of the Revised Code to permit           19           

                subdivision or county treasurers to invest in                   

                certain no-load money market mutual funds in the   20           

                absence of a written investment policy on behalf                

                of the subdivision or county or in the cases of    21           

                exemptions from or noncompliance with specified    22           

                initial or continuing education requirements by                 

                the subdivision or county treasurer; and to        23           

                modify the authority of the Treasurer of State to               

                invest state interim funds in securities lending   24           

                agreements.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 135.14, 135.143, 135.22, 135.35,   27           

and 321.46 of the Revised Code be amended to read as follows:      29           

      Sec. 135.14.  (A)  As used in this section, "treasurer"      38           

does not include the treasurer of state, and "governing board"     39           

does not include the state board of deposit.                       40           

      (B)  The treasurer or governing board may invest or deposit  42           

any part or all of the interim moneys.  The following              44           

                                                          2      


                                                                 
classifications of obligations shall be eligible for such          45           

investment or deposit:                                                          

      (1)  United States treasury bills, notes, bonds, or any      47           

other obligation or security issued by the United States treasury  48           

or any other obligation guaranteed as to principal and interest    49           

by the United States.                                                           

      Nothing in the classification of eligible obligations set    51           

forth in division (B)(1) of this section or in the                 52           

classifications of eligible obligations set forth in divisions     53           

(B)(2) to (6) of this section shall be construed to authorize any  54           

investment in stripped principal or interest obligations of such   55           

eligible obligations.                                                           

      (2)  Bonds, notes, debentures, or any other obligations or   57           

securities issued by any federal government agency or              58           

instrumentality, including but not limited to, the federal         59           

national mortgage association, federal home loan bank, federal     60           

farm credit bank, federal home loan mortgage corporation,          61           

government national mortgage association, and student loan                      

marketing association.  All federal agency securities shall be     62           

direct issuances of federal government agencies or                 63           

instrumentalities.                                                              

      (3)  Interim deposits in the eligible institutions applying  65           

for interim moneys as provided in section 135.08 of the Revised    66           

Code.  The award of interim deposits shall be made in accordance   67           

with section 135.09 of the Revised Code and the treasurer or the   68           

governing board shall determine the periods for which such         69           

interim deposits are to be made and shall award such interim       70           

deposits for such periods, provided that any eligible institution  71           

receiving an interim deposit award may, upon notification that     72           

the award has been made, decline to accept the interim deposit in  73           

which event the award shall be made as though such THE             74           

institution had not applied for such interim deposit.              75           

      (4)  Bonds and other obligations of this state;              77           

      (5)  No-load money market mutual funds consisting            79           

                                                          3      


                                                                 
exclusively of obligations described in division (B)(1) or (2) of  81           

this section and repurchase agreements secured by such                          

obligations, provided that investments in securities described in  83           

this division are made only through eligible institutions                       

mentioned in section 135.03 of the Revised Code;                   84           

      (6)  The Ohio subdivision's fund as provided in section      86           

135.45 of the Revised Code.                                        87           

      (C)  Nothing in the classifications of eligible obligations  89           

set forth in divisions (B)(1) to (6) of this section shall be      90           

construed to authorize any investment in a derivative, and no      91           

treasurer or governing board shall invest in a derivative.  For    92           

purposes of this division, "derivative" means a financial          93           

instrument or contract or obligation whose value or return is      94           

based upon or linked to another asset or index, or both, separate  95           

from the financial instrument, contract, or obligation itself.                  

Any security, obligation, trust account, or other instrument that  96           

is created from an issue of the United States treasury or is       97           

created from an obligation of a federal agency or instrumentality  98           

or is created from both is considered a derivative instrument.     99           

An eligible investment described in this section with a variable   100          

interest rate payment, based upon a single interest payment or     101          

single index comprised of other eligible investments provided for  102          

in division (B)(1) or (2) of this section, is not a derivative,    103          

provided that such variable rate investment has a maximum                       

maturity of two years.                                             104          

      (D)  Any investment made pursuant to this section must       106          

mature within five years from the date of settlement, unless the   107          

investment is matched to a specific obligation or debt of the      108          

subdivision.                                                       109          

      (E)  The treasurer or governing board may also enter into a  111          

written repurchase agreement with any eligible institution         112          

mentioned in section 135.03 of the Revised Code or any eligible    113          

dealer pursuant to division (M) of this section, under the terms   114          

of which agreement the treasurer or governing board purchases,     115          

                                                          4      


                                                                 
and such institution or dealer agrees unconditionally to           116          

repurchase any of the securities listed in division (B)(1) or (2)  117          

of this section.  The market value of securities subject to an     118          

overnight repurchase agreement must exceed the principal value of  119          

the overnight repurchase agreement by at least two per cent.  A    120          

term repurchase agreement shall not exceed thirty days and the     121          

market value of securities subject to a term repurchase agreement  122          

must exceed the principal value of the term repurchase agreement   123          

by at least two per cent and be marked to market daily.  All       124          

securities purchased pursuant to this division shall be delivered  125          

into the custody of the treasurer or governing board or an agent   126          

designated by the treasurer or governing board.  A repurchase      127          

agreement with an eligible securities dealer shall be transacted   128          

on a delivery versus payment basis.  The agreement shall contain   129          

the requirement that for each transaction pursuant to the          130          

agreement the participating institution or dealer shall provide    131          

all of the following information:                                               

      (1)  The par value of the securities;                        133          

      (2)  The type, rate, and maturity date of the securities;    135          

      (3)  A numerical identifier generally accepted in the        137          

securities industry that designates the securities.                138          

      No treasurer or governing board shall enter into a written   140          

repurchase agreement under the terms of which the treasurer or     141          

governing board agrees to sell securities owned by the             142          

subdivision to a purchaser and agrees with that purchaser to       143          

unconditionally repurchase those securities.                                    

      (F)  No treasurer or governing board shall make an           145          

investment under this section, unless the treasurer or governing   146          

board, at the time of making the investment, reasonably expects    147          

that the investment can be held until its maturity.                148          

      (G)  No treasurer or governing board shall pay interim       150          

moneys into a fund established by another subdivision, treasurer,  151          

governing board, or investing authority, if that fund was          152          

established for the purpose of investing the public moneys of      153          

                                                          5      


                                                                 
other subdivisions.  This division does not apply to the payment   154          

of public moneys into either of the following:                                  

      (1)  The Ohio subdivision's fund pursuant to division        157          

(B)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     159          

constructing, owning, leasing, or operating municipal utilities    160          

pursuant to the authority provided under section 715.02 of the     161          

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     162          

      For purposes of division (G) of this section, "subdivision"  164          

includes a county.                                                 165          

      (H)  The use of leverage, in which the treasurer or          167          

governing board uses its current investment assets as collateral   168          

for the purpose of purchasing other assets, is prohibited.  The    169          

issuance of taxable notes for the purpose of arbitrage is          170          

prohibited.  Contracting to sell securities that have not yet      171          

been acquired by the treasurer or governing board, for the                      

purpose of purchasing such securities on the speculation that      172          

bond prices will decline, is prohibited.                           173          

      (I)  Whenever, during a period of designation, the           175          

treasurer classifies public moneys as interim moneys, the          176          

treasurer shall notify the governing board of such action.  Such   177          

THE notification shall be given within thirty days after such      178          

classification and in the event the governing board does not       179          

concur in such classification or in the investments or deposits    180          

made under this section, the governing board may order the         181          

treasurer to sell or liquidate any of such investments or          182          

deposits, and any such order shall specifically describe the       183          

investments or deposits and fix the date upon which they are to    184          

be sold or liquidated.  Investments or deposits so ordered to be   185          

sold or liquidated shall be sold or liquidated for cash by the     186          

treasurer on the date fixed in such order at the then current      187          

market price.  Neither the treasurer nor the members of the board  188          

shall be held accountable for any loss occasioned by sales or      189          

liquidations of investments or deposits at prices lower than       190          

                                                          6      


                                                                 
their cost.  Any loss or expense incurred in making such sales or  191          

liquidations is payable as other expenses of the treasurer's       192          

office.                                                                         

      (J)  If any investments or deposits purchased under the      194          

authority of this section are issuable to a designated payee or    195          

to the order of a designated payee, the name of the treasurer and  196          

the title of the treasurer's office shall be so designated.  If    197          

any such securities are registrable either as to principal or      198          

interest, or both, then such securities shall be registered in     199          

the name of the treasurer as such.                                 200          

      (K)  The treasurer is responsible for the safekeeping of     202          

all documents evidencing a deposit or investment acquired by the   203          

treasurer under this section.  Any securities may be deposited     204          

for safekeeping with a qualified trustee as provided in section    205          

135.18 of the Revised Code, except the delivery of securities      206          

acquired under any repurchase agreement under this section shall   207          

be made to a qualified trustee, provided, however, that the        208          

qualified trustee shall be required to report to the treasurer,    209          

governing board, auditor of state, or an authorized outside        210          

auditor at any time upon request as to the identity, market        211          

value, and location of the document evidencing each security, and  212          

that if the participating institution is a designated depository   213          

of the subdivision for the current period of designation, the      214          

securities that are the subject of the repurchase agreement may    215          

be delivered to the treasurer or held in trust by the              216          

participating institution on behalf of the subdivision.  Interest  217          

earned on any investments or deposits authorized by this section   218          

shall be collected by the treasurer and credited by the treasurer  220          

to the proper fund of the subdivision.                                          

      Upon the expiration of the term of office of a treasurer or  222          

in the event of a vacancy in the office of treasurer by reason of  223          

death, resignation, removal from office, or otherwise, the         224          

treasurer or the treasurer's legal representative shall transfer   225          

and deliver to the treasurer's successor all documents evidencing  226          

                                                          7      


                                                                 
a deposit or investment held by the treasurer.  For the            227          

investments and deposits so transferred and delivered, such        228          

treasurer shall be credited with and the treasurer's successor     229          

shall be charged with the amount of money held in such                          

investments and deposits.                                          230          

      (L)  Whenever investments or deposits acquired under this    232          

section mature and become due and payable, the treasurer shall     233          

present them for payment according to their tenor, and shall       234          

collect the moneys payable thereon.  The moneys so collected       235          

shall be treated as public moneys subject to sections 135.01 to    236          

135.21 of the Revised Code.                                        237          

      (M)(1)  All investments, except for investments in           239          

securities described in divisions (B)(5) and (6) of this section   240          

and for investments by a municipal corporation in the issues of    241          

such municipal corporation, shall be made only through a member    242          

of the national association of securities dealers, through a       243          

bank, savings bank, or savings and loan association regulated by   244          

the superintendent of financial institutions, or through an        245          

institution regulated by the comptroller of the currency, federal  246          

deposit insurance corporation, or board of governors of the        247          

federal reserve system.                                                         

      (2)  Payment for investments shall be made only upon the     249          

delivery of securities representing such investments to the        250          

treasurer, governing board, or qualified trustee.  If the          251          

securities transferred are not represented by a certificate,       252          

payment shall be made only upon receipt of confirmation of         253          

transfer from the custodian by the treasurer, governing board, or  254          

qualified trustee.                                                 255          

      (N)(1)  Except as otherwise provided in divisions (N)(2)     257          

and (3) of this section, no treasurer or governing board shall     258          

make an investment or deposit under this section, unless there is  260          

on file with the auditor of state a written investment policy      261          

approved by the treasurer or governing board. The policy shall     262          

require that all entities conducting investment business with the  263          

                                                          8      


                                                                 
treasurer or governing board shall sign the investment policy of   264          

that subdivision.  All brokers, dealers, and financial             265          

institutions, described in division (M)(1) of this section,        266          

initiating transactions with the treasurer or governing board by   267          

giving advice or making investment recommendations shall sign the  268          

treasurer's or governing board's investment policy thereby                      

acknowledging their agreement to abide by the policy's contents.   269          

All brokers, dealers, and financial institutions, described in     270          

division (M)(1) of this section, executing transactions initiated  271          

by the treasurer or governing board, having read the policy's      272          

contents, shall sign the investment policy thereby acknowledging   273          

their comprehension and receipt.                                                

      (2)  If a written investment policy described in division    275          

(N)(1) of this section is not filed on behalf of the subdivision   276          

with the auditor of state, the treasurer or governing board of     277          

that subdivision shall invest the subdivision's interim moneys     278          

only in interim deposits pursuant to division (B)(3) of this       279          

section, NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION    280          

(B)(5) OF THIS SECTION, or the Ohio subdivision's fund pursuant    281          

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

      (3)  Divisions (N)(1) and (2) of this section do not apply   283          

to a treasurer or governing board of a subdivision whose average   284          

annual portfolio of investments held pursuant to this section is   285          

one hundred thousand dollars or less, provided that the treasurer  286          

or governing board certifies, on a form prescribed by the auditor  287          

of state, that the treasurer or governing board will comply and    288          

is in compliance with the provisions of sections 135.01 to 135.21  290          

of the Revised Code.                                                            

      (O)  A treasurer or governing board may enter into a         293          

written investment or deposit agreement that includes a provision  294          

under which the parties agree to submit to nonbinding arbitration  295          

to settle any controversy that may arise out of the agreement,     296          

including any controversy pertaining to losses of public moneys    297          

resulting from investment or deposit.  The arbitration provision   298          

                                                          9      


                                                                 
shall be set forth entirely in the agreement, and the agreement    299          

shall include a conspicuous notice to the parties that any party   301          

to the arbitration may apply to the court of common pleas of the   302          

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

modify, or correct the award.  Any such party may also apply to    303          

the court for an order to change venue to a court of common pleas  304          

located more than one hundred miles from the county in which the   305          

treasurer or governing board is located.                           306          

      For purposes of this division, "investment or deposit        308          

agreement" means any agreement between a treasurer or governing    309          

board and a person, under which agreement the person agrees to     310          

invest, deposit, or otherwise manage a subdivision's interim       311          

moneys on behalf of the treasurer or governing board, or agrees    312          

to provide investment advice to the treasurer or governing board.               

      (P)  An investment made by the treasurer or governing board  314          

pursuant to this section prior to the effective date of this       315          

amendment SEPTEMBER 27, 1996, that was a legal investment under    317          

the law as it existed before the effective date of this amendment  319          

SEPTEMBER 27, 1996, may be held until maturity, or if the          320          

investment does not have a maturity date, it may be held until     321          

five years from the effective date of this amendment SEPTEMBER     323          

27, 1996, regardless of whether the investment would qualify as a  324          

legal investment under the terms of this section as amended.       325          

      Sec. 135.143.  (A)  The treasurer of state may invest or     334          

execute transactions for any part or all of the interim funds of   335          

the state in the following classifications of obligations:         336          

      (1)  United States treasury bills, notes, bonds, or any      338          

other obligations or securities issued by the United States        339          

treasury or any other obligation guaranteed as to principal and    340          

interest by the United States;                                     341          

      (2)  Bonds, notes, debentures, or any other obligations or   343          

securities issued by any federal government agency or              344          

instrumentality;                                                   345          

      (3)  Bonds and other obligations of the sinking fund of the  347          

                                                          10     


                                                                 
state of Ohio and the Ohio public facilities commission;           348          

      (4)(a)  Written repurchase agreements with any eligible      350          

Ohio financial institution that is a member of the federal         351          

reserve system or federal home loan bank or any recognized United  352          

States government securities dealer, under the terms of which      353          

agreement the treasurer of state purchases and the eligible        354          

financial institution or dealer agrees unconditionally to          355          

repurchase any of the securities that are listed in division       356          

(A)(1) or (2) of this section and that will mature or are          357          

redeemable within ten years from the date of purchase.  The        358          

market value of securities subject to these transactions must      359          

exceed the principal value of the repurchase agreement by an       360          

amount specified by the treasurer of state, and the securities     361          

must be delivered into the custody of the treasurer of state or    362          

the qualified trustee or agent designated by the treasurer of      363          

state.  The agreement shall contain the requirement that for each  364          

transaction pursuant to the agreement, the participating           365          

institution or dealer shall provide all of the following           366          

information:                                                       367          

      (i)  The par value of the securities;                        369          

      (ii)  The type, rate, and maturity date of the securities;   371          

      (iii)  A numerical identifier generally accepted in the      373          

securities industry that designates the securities.                374          

      (b)  The treasurer of state also may sell any securities,    376          

listed in division (A)(1) or (2) of this section, regardless of    377          

maturity or time of redemption of the securities, under the same   378          

terms and conditions for repurchase, provided that the securities  379          

have been fully paid for and are owned by the treasurer of state   380          

at the time of the sale.                                           381          

      (5)  Securities lending agreements with any eligible         383          

financial institution that is a member of the federal reserve      384          

system or federal home loan bank or any recognized United States   385          

government securities dealer, under the terms of which agreement   386          

the treasurer of state lends securities and the eligible           387          

                                                          11     


                                                                 
financial institution or dealer agrees to simultaneously exchange  388          

similar securities or cash, equal value for equal value;.          389          

      SECURITIES AND CASH RECEIVED AS COLLATERAL FOR A SECURITIES  391          

LENDING AGREEMENT ARE NOT INTERIM FUNDS OF THE STATE.  THE         392          

INVESTMENT OF CASH COLLATERAL RECEIVED PURSUANT TO A SECURITIES    393          

LENDING AGREEMENT MAY BE INVESTED ONLY IN SUCH INSTRUMENTS         394          

SPECIFIED BY THE TREASURER OF STATE IN ACCORDANCE WITH A WRITTEN   395          

INVESTMENT POLICY.                                                              

      (6)  Various forms of commercial paper issued by any         397          

corporation that is incorporated under the laws of the United      398          

States or a state, which such notes are rated in the two highest   399          

categories by two nationally recognized rating agencies, provided  400          

that the total amount invested in commercial paper at any time     401          

shall not exceed five per cent of the state's total average        402          

portfolio, as determined and calculated by the treasurer of        403          

state;                                                             404          

      (7)  Bankers acceptances, maturing in two hundred seventy    406          

days or less, which are eligible for purchase by the federal       407          

reserve system, provided that the total amount invested in         408          

bankers acceptances at any time shall not exceed ten per cent of   409          

the state's total average portfolio, as determined and calculated  410          

by the treasurer of state;                                         411          

      (8)  Certificates of deposit in eligible institutions        413          

applying for interim moneys as provided in section 135.08 of the   414          

Revised Code, including linked deposits as provided in sections    415          

135.61 to 135.67 of the Revised Code, agricultural linked          416          

deposits as provided in sections 135.71 to 135.76 of the Revised   417          

Code, and depressed economic area linked deposits as provided in   418          

sections 135.81 to 135.88 of the Revised Code;                     419          

      (9)  The state treasurer's investment pool authorized under  421          

section 135.45 of the Revised Code;                                422          

      (10)  Debt interests rated investment grade by a nationally  424          

recognized rating agency and issued by corporations that are       425          

incorporated under the laws of the United States or a state, or    426          

                                                          12     


                                                                 
issued by foreign nations diplomatically recognized by the United  427          

States government, or any instrument based on, derived from, or    428          

related to such interests.  All interest and principal shall be    429          

denominated and payable in United States funds.  The investments   430          

made under division (A)(10) of this section shall not exceed in    431          

the aggregate five per cent of the state's total average           432          

portfolio, as determined and calculated by the treasurer of        433          

state.  The investments made under division (A)(10) of this        434          

section in debt interests issued by foreign nations shall not      435          

exceed in the aggregate one per cent of the state's total average  436          

portfolio.  The investments made under division (A)(10) of this    437          

section in the debt interests of a single issuer shall not exceed  438          

in the aggregate one-half of one per cent of the state's total     439          

average portfolio.                                                 440          

      The treasurer of state shall invest under division (A)(10)   442          

of this section in a debt interest issued by a foreign nation      443          

only if the debt interest is backed by the full faith and credit   444          

of that foreign nation.  For purposes of division (A)(10) of this  445          

section, a debt interest is rated investment grade by a            446          

nationally recognized rating agency if either the debt interest    447          

itself or the issuer of the debt interest is rated, or is          448          

implicitly rated, investment grade by a nationally recognized      449          

rating agency.                                                     450          

      (11)  No-load money market mutual funds consisting           452          

exclusively of obligations described in division (A)(1) or (2) of  453          

this section and repurchase agreements secured by such             454          

obligations.                                                       455          

      (12)  Obligations of a board of education issued under       457          

authority of section 133.10 or 133.301 of the Revised Code.        458          

      (B)  Whenever, during a period of designation, the           460          

treasurer of state classifies public moneys as interim moneys,     461          

the treasurer of state shall notify the state board of deposit of  462          

such action.  Such notification shall be given within thirty days  463          

after such classification and in the event the state board of      464          

                                                          13     


                                                                 
deposit does not concur in such classification or in the           465          

investments or deposits made under this section, the board may     466          

order the treasurer of state to sell or liquidate any of such      467          

investments or deposits, and any such order shall specifically     468          

describe the investments or deposits and fix the date upon which   469          

they are to be sold or liquidated.  Investments or deposits so     470          

ordered to be sold or liquidated shall be sold or liquidated for   471          

cash by the treasurer of state on the date fixed in such order at  472          

the then current market price.  Neither the treasurer of state     473          

nor the members of the state board of deposit shall be held        474          

accountable for any loss occasioned by sales or liquidations of    475          

investments or deposits at prices lower than their cost.  Any      476          

loss or expense incurred in making such sales or liquidations is   477          

payable as other expenses of the treasurer's office.               478          

      (C)  If any securities or obligations invested in by the     480          

treasurer of state pursuant to this section are registrable        481          

either as to principal or interest, or both, such securities or    482          

obligations shall be registered in the name of the treasurer of    483          

state.                                                             484          

      (D)  The treasurer of state is responsible for the           486          

safekeeping of all securities or obligations under this section.   487          

Any such securities or obligations may be deposited for            488          

safekeeping as provided in section 113.05 of the Revised Code.     489          

      (E)  Interest earned on any investments or deposits          491          

authorized by this section shall be collected by the treasurer of  492          

state and credited by the treasurer of state to the proper fund    493          

of the state.                                                      494          

      (F)  Whenever investments or deposits acquired under this    496          

section mature and become due and payable, the treasurer of state  497          

shall present them for payment according to their tenor, and       498          

shall collect the moneys payable thereon.  The moneys so           499          

collected shall be treated as public moneys subject to sections    500          

135.01 to 135.21 of the Revised Code.                              501          

      (G)  The treasurer of state and any board of education       503          

                                                          14     


                                                                 
issuing obligations referred to in division (A)(12) of this        504          

section may enter into an agreement providing for:                 505          

      (1)  The purchase of those obligations by the treasurer of   507          

state on terms and subject to conditions set forth in the          508          

agreement;                                                                      

      (2)  The payment by the board of education to the treasurer  510          

of state of a reasonable fee as consideration for the agreement    512          

of the treasurer of state to purchase those obligations;           513          

provided, however, that the treasurer of state shall not be                     

authorized to enter into any such agreement with the board of      514          

education of a school district that has an outstanding obligation  515          

with respect to a loan received under authority of section         516          

3313.483 of the Revised Code.                                                   

      (H)  For purposes of division (G) of this section, a fee     519          

shall not be considered reasonable unless it is set to recover     520          

only the direct costs and a reasonable estimate of the indirect    521          

costs associated with the purchasing of obligations of a school    522          

board under division (G) of this section and any reselling of the  523          

obligations or any interest in the obligations, including          524          

interests in a fund comprised of the obligations.  No money from   525          

the general revenue fund shall be used to subsidize the purchase   526          

or resale of these obligations.                                    527          

      (I)  All money collected by the treasurer of state from the  530          

fee imposed by division (G) of this section shall be deposited to  532          

the credit of the state school board obligations fund, which is    533          

hereby created in the state treasury.  Money credited to the fund  534          

shall be used solely to pay the treasurer of state's direct and    535          

indirect costs associated with purchasing and reselling            536          

obligations of a board of education under division (G) of this     537          

section.                                                                        

      Sec. 135.22.  (A)  For purposes of this section:             546          

      (1)  "Treasurer" has the same meaning as in section 135.01   548          

of the Revised Code, but does not include the treasurer of state.  549          

"Treasurer" includes any person whose duties include making        550          

                                                          15     


                                                                 
investment decisions with respect to the investment or deposit of  551          

interim moneys.                                                                 

      (2)  "Subdivision" has the same meaning as in section        553          

135.01 of the Revised Code.                                        554          

      (B)  To enhance the background and working knowledge of      556          

treasurers in investments, cash management, and ethics, the        557          

treasurer of state shall provide annual continuing education       558          

programs for treasurers.  A treasurer annually shall complete the  560          

continuing education programs described in this section, unless    561          

the treasurer annually provides a notice of exemption described    562          

in division (E) of this section.                                                

      (C)  The treasurer of state shall determine the manner,      564          

content, and length of the continuing education programs after     565          

consultation with appropriate statewide organizations of local     566          

government officials.                                                           

      (D)  Upon successful completion of a continuing education    568          

program required by this section, the treasurer of state shall     569          

issue a certificate indicating that the treasurer has              570          

successfully completed the continuing education program                         

prescribed by the treasurer of state.  The treasurer of state      571          

shall forward to the auditor of state any certificates issued      572          

pursuant to this division by the treasurer of state.  The auditor  573          

of state shall maintain in the auditor's records any certificates  574          

forwarded by the treasurer of state pursuant to this division.     575          

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

conducted in accordance with section 117.11 of the Revised Code,   576          

the auditor of state shall report whether the treasurer is in      577          

compliance with this section of the Revised Code.                  578          

      (E)  Division (B) of this section does not apply to any      581          

treasurer who annually provides a notice of exemption to the       582          

auditor of state.  The notice shall be certified by the treasurer  583          

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

the continuing education requirements set forth in division (B)    584          

of this section, because the treasurer invests or deposits public  585          

                                                          16     


                                                                 
moneys in the following investments only:                          586          

      (1)  Interim deposits pursuant to division (B)(3) of         588          

section 135.14 of the Revised Code;                                589          

      (2)  NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION  591          

(B)(5) OF SECTION 135.14 OF THE REVISED CODE;                      592          

      (3)  The Ohio subdivision's fund pursuant to division        594          

(B)(6) of section 135.14 of the Revised Code.                      596          

      (F)  In carrying out the duties required by this section,    598          

the treasurer of state may charge the subdivision served by the    599          

treasurer a registration fee that will meet actual and necessary   600          

expenses in connection with the training of the treasurer,         601          

including instruction fees, site acquisition costs, and the cost   602          

of course materials.  Any necessary personal expenses of a                      

treasurer incurred as a result of attending the continuing         603          

education courses shall be borne by the subdivision represented    604          

by the treasurer.                                                               

      (G)  The treasurer of state may allow any other interested   606          

person to attend any of the continuing education programs that     607          

are held pursuant to this section, provided that before attending  608          

any such continuing education program, the interested person has   609          

paid to the treasurer of state the full registration fee set for   610          

the continuing education program.                                               

      (H)  All funds collected pursuant to this section shall be   612          

paid into the county treasurer education fund created pursuant to  613          

section 321.46 of the Revised Code, and the actual and necessary   615          

expenses of the treasurer of state in conducting the continuing    616          

education programs required by this section shall be paid from     617          

this fund.                                                                      

      (I)  The treasurer of state may adopt reasonable rules not   619          

inconsistent with this section for the implementation of this      620          

section.                                                                        

      Sec. 135.35.  (A)  The investing authority shall deposit or  629          

invest any part or all of the county's inactive moneys and shall   630          

invest all of the money in the county library and local            631          

                                                          17     


                                                                 
government support fund when required by section 135.352 of the    632          

Revised Code.  The following classifications of securities and     633          

obligations are eligible for such deposit or investment:           634          

      (1)  United States treasury bills, notes, bonds, or any      636          

other obligation or security issued by the United States treasury  637          

or any other obligation guaranteed as to principal or interest by  638          

the United States.                                                              

      Nothing in the classification of eligible securities and     640          

obligations set forth in division (A)(1) of this section or in     641          

the classifications of eligible securities and obligations set     642          

forth in divisions (A)(2) to (9) of this section shall be          643          

construed to authorize any investment in stripped principal or     644          

interest obligations of such eligible securities and obligations.               

      (2)  Bonds, notes, debentures, or any other obligations or   646          

securities issued by any federal government agency or              647          

instrumentality, including but not limited to, the federal         648          

national mortgage association, federal home loan bank, federal     649          

farm credit bank, federal home loan mortgage corporation,          650          

government national mortgage association, and student loan         651          

marketing association.  All federal agency securities shall be     652          

direct issuances of federal government agencies or                              

instrumentalities.                                                 653          

      (3)  Time certificates of deposit or savings or deposit      655          

accounts, including, but not limited to, passbook accounts, in     656          

any eligible institution mentioned in section 135.32 of the        657          

Revised Code;                                                      658          

      (4)  Bonds and other obligations of this state or the        660          

political subdivisions of this state, provided that such           661          

political subdivisions are located wholly or partly within the     662          

same county as the investing authority;                                         

      (5)  No-load money market mutual funds consisting            664          

exclusively of obligations described in division (A)(1) or (2) of  665          

this section and repurchase agreements secured by such             666          

obligations, provided that investments in securities described in  668          

                                                          18     


                                                                 
this division are made only through eligible institutions                       

mentioned in section 135.32 of the Revised Code;                   669          

      (6)  The Ohio subdivision's fund as provided in section      671          

135.45 of the Revised Code.;                                       672          

      (7)  Securities lending agreements with any eligible         674          

institution mentioned in section 135.32 of the Revised Code that   675          

is a member of the federal reserve system or federal home loan     676          

bank, under the terms of which agreements the investing authority  678          

lends securities and the eligible institution agrees to            679          

simultaneously exchange either securities described in division                 

(A)(1) or (2) of this section or cash or both securities and       680          

cash, equal value for equal value;                                 681          

      (8)  Commercial paper issued by any corporation              683          

incorporated under the laws of the United States or a state if     684          

both of the following conditions apply:                            685          

      (a)  Two nationally recognized rating agencies rank the      687          

commercial paper in either of their two highest categories;        688          

      (b)  The total amount invested in commercial paper at any    690          

time does not exceed five per cent of the county's total average   692          

portfolio, as determined and calculated by the investing           693          

authority.                                                                      

      (9)  Bankers acceptances, if the following conditions are    695          

met:                                                                            

      (a)  The acceptances mature in two hundred seventy days or   697          

fewer from the date of settlement;                                 698          

      (b)  The acceptances are eligible for purchase by the        700          

federal reserve system;                                            701          

      (c)  The total amount invested in bankers acceptances at     703          

any time does not exceed ten per cent of the county's total        704          

average portfolio, as determined and calculated by the investing   705          

authority.                                                                      

      (B)  Nothing in the classifications of eligible obligations  707          

and securities set forth in divisions (A)(1) to (9) of this        708          

section shall be construed to authorize investment in a            709          

                                                          19     


                                                                 
derivative, and no investing authority shall invest any county     710          

inactive moneys or any moneys in a county library and local        711          

government support fund in a derivative.  For purposes of this     712          

division, "derivative" means a financial instrument or contract    713          

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

another asset or index, or both, separate from the financial       714          

instrument, contract, or obligation itself.  Any security,         715          

obligation, trust account, or other instrument that is created     716          

from an issue of the United States treasury or is created from an  717          

obligation of a federal agency or instrumentality or is created    718          

from both is considered a derivative instrument.  An eligible      719          

investment described in this section with a variable interest      720          

rate payment, based upon a single interest payment or single                    

index comprised of other eligible investments provided for in      721          

division (A)(1) or (2) of this section, is not a derivative,       722          

provided that such variable rate investment has a maximum          723          

maturity of two years.                                                          

      (C)  Any investment made pursuant to this section must       725          

mature within five years from the date of settlement, unless the   726          

investment is matched to a specific obligation or debt of the      727          

county, and the investment is specifically approved by the         728          

investment advisory committee.                                     729          

      (D)  The investing authority may also enter into a written   731          

repurchase agreement with any eligible institution mentioned in    733          

section 135.32 of the Revised Code or any eligible securities                   

dealer pursuant to division (J) of this section, under the terms   734          

of which agreement the investing authority purchases and the       735          

eligible institution or dealer agrees unconditionally to           737          

repurchase any of the securities listed in division (A)(1) or (2)  738          

of this section.   The market value of securities subject to an    739          

overnight repurchase agreement must exceed the principal value of  740          

the overnight repurchase agreement by at least two per cent.  A    741          

term repurchase agreement must exceed the principal value of the                

overnight repurchase agreement, by at least two per cent.  A term  742          

                                                          20     


                                                                 
repurchase agreement shall not exceed thirty days, and the market  743          

value of securities subject to a term repurchase agreement must    744          

exceed the principal value of the term repurchase agreement by at  745          

least two per cent and be marked to market daily.  All securities  746          

purchased pursuant to this division shall be delivered into the    747          

custody of the investing authority or the qualified custodian of   748          

the investing authority or an agent designated by the investing    749          

authority.  A repurchase agreement with an eligible securities     750          

dealer shall be transacted on a delivery versus payment basis.     751          

The agreement shall contain the requirement that for each          752          

transaction pursuant to the agreement the participating            753          

institution shall provide all of the following information:        754          

      (1)  The par value of the securities;                        756          

      (2)  The type, rate, and maturity date of the securities;    758          

      (3)  A numerical identifier generally accepted in the        760          

securities industry that designates the securities.                761          

      No investing authority shall enter into a written            763          

repurchase agreement under the terms of which the investing        764          

authority agrees to sell securities owned by the county to a       766          

purchaser and agrees with that purchaser to unconditionally                     

repurchase those securities.                                       767          

      (E)  No investing authority shall make an investment under   770          

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

making the investment, reasonably expects that the investment can  771          

be held until its maturity.  The investing authority's written     772          

investment policy shall specify the conditions under which an      773          

investment may be redeemed or sold prior to maturity.              774          

      (F)  No investing authority shall pay a county's inactive    776          

moneys or moneys of a county library and local government support  777          

fund into a fund established by another subdivision, treasurer,    778          

governing board, or investing authority, if that fund was          779          

established by the subdivision, treasurer, governing board, or     780          

investing authority for the purpose of investing or depositing     781          

the public moneys of other subdivisions.  This division does not                

                                                          21     


                                                                 
apply to the payment of public moneys into either of the           782          

following:                                                                      

      (1)  The Ohio subdivision's fund pursuant to division        784          

(A)(6) of this section;                                                         

      (2)  A fund created solely for the purpose of acquiring,     786          

constructing, owning, leasing, or operating municipal utilities    787          

pursuant to the authority provided under section 715.02 of the     788          

Revised Code or Section 4 of Article XVIII, Ohio Constitution.     789          

      For purposes of division (F) of this section, "subdivision"  791          

includes a county.                                                 792          

      (G)  The use of leverage, in which the county uses its       794          

current investment assets as collateral for the purpose of         795          

purchasing other assets, is prohibited.  The issuance of taxable   796          

notes for the purpose of arbitrage is prohibited.  Contracting to  797          

sell securities not owned by the county, for the purpose of        798          

purchasing such securities on the speculation that bond prices                  

will decline, is prohibited.                                       799          

      (H)  Any securities, certificates of deposit, deposit        801          

accounts, or any other documents evidencing deposits or            802          

investments made under authority of this section shall be issued   803          

in the name of the county with the county treasurer or investing   804          

authority as the designated payee.  If any such deposits or        805          

investments are registrable either as to principal or interest,    806          

or both, they shall be registered in the name of the treasurer.    807          

      (I)  The investing authority shall be responsible for the    809          

safekeeping of all documents evidencing a deposit or investment    810          

acquired under this section including, but not limited to,         811          

safekeeping receipts evidencing securities deposited with a        812          

qualified trustee, as provided in section 135.37 of the Revised    813          

Code, and documents confirming the purchase of securities under    814          

any repurchase agreement under this section shall be deposited     815          

with a qualified trustee, provided, however, that the qualified    816          

trustee shall be required to report to the investing authority,    817          

auditor of state, or an authorized outside auditor at any time     818          

                                                          22     


                                                                 
upon request as to the identity, market value, and location of     819          

the document evidencing each security, and that if the             820          

participating institution is a designated depository of the        821          

county for the current period of designation, the securities that  822          

are the subject of the repurchase agreement may be delivered to    823          

the treasurer or held in trust by the participating institution    824          

on behalf of the investing authority.                              825          

      Upon the expiration of the term of office of an investing    827          

authority or in the event of a vacancy in the office for any       828          

reason, the officer or the officer's legal representative shall    830          

transfer and deliver to the officer's successor all documents                   

mentioned in this division for which the officer has been          831          

responsible for safekeeping.  For all such documents transferred   833          

and delivered, such officer shall be credited with, and the        834          

officer's successor shall be charged with, the amount of moneys    835          

so evidenced by such documents.                                                 

      (J)(1)  All investments, except for investments in           837          

securities described in divisions (A)(5) and (6) of this section,  839          

shall be made only through a member of the national association    840          

of securities dealers, through a bank, savings bank, or savings    841          

and loan association regulated by the superintendent of financial  843          

institutions, or through an institution regulated by the           844          

comptroller of the currency, federal deposit insurance             845          

corporation, or board of governors of the federal reserve system.  846          

      (2)  Payment for investments shall be made only upon the     848          

delivery of securities representing such investments to the        850          

treasurer, investing authority, or qualified trustee.  If the      851          

securities transferred are not represented by a certificate,       852          

payment shall be made only upon receipt of confirmation of         853          

transfer from the custodian by the treasurer, governing board, or  854          

qualified trustee.                                                              

      (K)(1)  Except as otherwise provided in division (K)(2) of   856          

this section, no investing authority shall make an investment or   857          

deposit under this section, unless there is on file with the       858          

                                                          23     


                                                                 
auditor of state a written investment policy approved by the       859          

investing authority.  The policy shall require that all entities   860          

conducting investment business with the investment authority       861          

shall sign the investment policy of that investment authority.                  

All brokers, dealers, and financial institutions, described in     862          

division (J)(1) of this section, initiating transactions with the  864          

investment authority by giving advice or making investment         865          

recommendations shall sign the investment authority's investment   866          

policy thereby acknowledging their agreement to abide by the                    

policy's contents.  All brokers, dealers, and financial            867          

institutions, described in division (J)(1) of this section,        868          

executing transactions initiated by the investment authority,      869          

having read the policy's contents, shall sign the investment       870          

policy thereby acknowledging their comprehension and receipt.                   

      (2)  If a written investment policy described in division    872          

(K)(1) of this section is not filed on behalf of the county with   873          

the auditor of state, the investing authority of that county       874          

shall invest the county's inactive moneys and moneys of the        875          

county library and local government support fund only in time      876          

certificates of deposits or savings or deposit accounts pursuant   877          

to division (A)(3) of this section, NO-LOAD MONEY MARKET MUTUAL    878          

FUNDS PURSUANT TO DIVISION (A)(5) OF THIS SECTION, or the Ohio     879          

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

      (L)(1)  The investing authority shall establish and          881          

maintain an inventory of all obligations and securities acquired   882          

by the investing authority pursuant to this section.  The          883          

inventory shall include a description of each obligation or        884          

security, including type, cost, par value, maturity date,          885          

settlement date, and any coupon rate.                                           

      (2)  The investing authority shall also keep a complete      887          

record of all purchases and sales of the obligations and           888          

securities made pursuant to this section.                          889          

      (3)  The investing authority shall maintain a monthly        891          

portfolio report and issue a quarterly investment report           892          

                                                          24     


                                                                 
describing such investments to the county investment advisory      893          

committee, detailing the current inventory of all obligations and  894          

securities, all transactions during the month that affected the    895          

inventory, any income received from the obligations and                         

securities, and any investment expenses paid, and stating the      896          

names of any persons effecting transactions on behalf of the       897          

investing authority.                                                            

      (4)  The monthly portfolio report and the quarterly          899          

investment report shall be public records and available for        900          

inspection under section 149.43 of the Revised Code.                            

      (5)  The inventory, the monthly portfolio report, and the    902          

quarterly investment report shall be on standard forms approved    903          

by the auditor of state and shall be filed with the board of       904          

county commissioners.                                                           

      (M)  An investing authority may enter into a written         907          

investment or deposit agreement that includes a provision under    908          

which the parties agree to submit to nonbinding arbitration to     909          

settle any controversy that may arise out of the agreement,        910          

including any controversy pertaining to losses of public moneys    911          

resulting from investment or deposit.  The arbitration provision   912          

shall be set forth entirely in the agreement, and the agreement    913          

shall include a conspicuous notice to the parties that any party   915          

to the arbitration may apply to the court of common pleas of the   916          

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

modify, or correct the award.  Any such party may also apply to    917          

the court for an order to change venue to a court of common pleas  918          

located more than one hundred miles from the county in which the   919          

investing authority is located.                                                 

      For purposes of this division, "investment or deposit        921          

agreement" means any agreement between an investing authority and  922          

a person, under which agreement the person agrees to invest,       923          

deposit, or otherwise manage, on behalf of the investing           924          

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

library and local government support fund, or agrees to provide    925          

                                                          25     


                                                                 
investment advice to the investing authority.                      926          

      (N)  An investment held in the county portfolio on the       928          

effective date of this amendment SEPTEMBER 27, 1996, that was a    930          

legal investment under the law as it existed before the effective  931          

date of this amendment SEPTEMBER 27, 1996, may be held until       932          

maturity, or if the investment does not have a maturity date the   933          

investment may be held until five years from the effective date    934          

of this amendment SEPTEMBER 27, 1996, regardless of whether the    936          

investment would qualify as a legal investment under the terms of               

this section as amended.                                           937          

      Sec. 321.46.  (A)  To enhance the background and working     947          

knowledge of county treasurers in governmental accounting,         948          

portfolio reporting and compliance, investments, and cash          949          

management, the auditor of state and the treasurer of state shall  950          

conduct education programs for persons elected for the first time  951          

to the office of county treasurer and shall hold annual            952          

continuing education programs for persons who continue to hold     953          

the office of county treasurer.  Education programs for newly      954          

elected county treasurers shall be held between the first day of   955          

December and the first Monday of September next following that     956          

person's election to the office of county treasurer.  Similar      957          

initial training may also be provided to any county treasurer who  958          

is appointed to fill a vacancy or who is elected at a special      959          

election.                                                                       

      (B)(1)  The auditor of state shall determine the manner and  961          

content of the education programs in the subject areas of          963          

governmental accounting and portfolio reporting and compliance.    964          

In those areas, newly elected county treasurers shall be required  965          

to take at least thirteen hours of education before taking         966          

office.                                                                         

      (2)  The treasurer of state shall determine the manner and   968          

content of the education programs in the subject areas of          969          

investments and cash management.  In those areas, newly elected    970          

county treasurers shall be required to take at least thirteen      971          

                                                          26     


                                                                 
hours of education before taking office.                           972          

      (3)  After completing one year in office, a county           974          

treasurer shall be required to take not less than twelve hours     975          

annually of continuing education.  The treasurer of state shall    976          

determine the manner and content of the education programs in the  977          

subject areas of investments, cash management, the collection of   978          

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

state determines is reasonably related to the duties of the        979          

office of the county treasurer.  The auditor of state shall        981          

determine the manner and content of the education programs in the  982          

subject areas of governmental accounting, portfolio reporting and  983          

compliance, office management, and any other subject area that                  

the auditor of state determines is reasonably related to the       984          

duties of the office of the county treasurer.                      985          

      (C)  The auditor of state and the treasurer of state may     988          

each charge counties a registration fee that will meet actual and  989          

necessary expenses of the training of county treasurers,           990          

including instructor fees, site acquisition costs, and the cost    991          

of course materials.  The necessary personal expenses of county    992          

treasurers as a result of attending the training programs shall    993          

be borne by the counties the treasurers represent.                 994          

      (D)  The auditor of state and the treasurer of state may     997          

allow any other interested person to attend any of the education   998          

programs that are held pursuant to this section, provided that     999          

before attending any such education program, the interested        1,000        

person shall pay to either the auditor of state or the treasurer   1,001        

of state, as appropriate, the full registration fee set for the    1,002        

education program.                                                              

      (E)  A county treasurer who fails to complete the initial    1,005        

or continuing education programs required by this section without  1,006        

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

restricted to investing in the Ohio subdivision's fund pursuant    1,007        

to division (A)(6) of section 135.35 of the Revised Code, IN       1,009        

NO-LOAD MONEY MARKET MUTUAL FUNDS PURSUANT TO DIVISION (A)(5) OF   1,010        

                                                          27     


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

deposits or deposit accounts pursuant to division (A)(3) of        1,012        

section 135.35 of the Revised Code.  A county treasurer who has    1,013        

failed to complete the initial or continuing education programs                 

and invests in other than the investments permitted by this        1,014        

division shall be subject to removal from office upon complaint    1,016        

and investigation by the county prosecuting attorney, a hearing,                

and a resolution adopted by the board of county commissioners      1,017        

approving the removal from office.                                 1,018        

      (F)(1)  There is hereby created in the state treasury the    1,021        

county treasurer education fund, to be used by the treasurer of    1,022        

state for actual and necessary expenses of education programs      1,024        

held pursuant to this section.  All registration fees collected    1,025        

by the treasurer of state under this section shall be paid into    1,026        

that fund.                                                                      

      (2)  All registration fees collected by the auditor of       1,028        

state under this section shall be paid into the auditor of state   1,029        

training program fund established under section 117.44 of the      1,030        

Revised Code.                                                                   

      (G)  The treasurer of state, with the advice and consent of  1,033        

the auditor of state, may adopt reasonable rules not inconsistent  1,034        

with this section for the implementation of this section.          1,035        

      Section 2.  That existing sections 135.14, 135.143, 135.22,  1,037        

135.35, and 321.46 of the Revised Code are hereby repealed.        1,039