Administration of Public Funds
Investment pool procedures
- duties of State Treasurer
(1)As used in this section:
(a)“Council” means the Oregon Investment Council.
(b)“Investor” means an entity which deposits proceeds with the State Treasurer for investment in a pool.
(c)“Pool” means a fund or account established by the State Treasurer for the investment of proceeds for one or more investors, pursuant to this section.
(d)“Public body” has the meaning given that term in ORS 287A.001 (Definitions for ORS chapter 287A).
(e)“Proceeds” means funds obtained from the sale of tax-exempt obligations, and other funds which secure, or are held to pay debt service on, tax-exempt obligations.
(f)“Tax-exempt obligations” means bonds, notes, certificates or other obligations, the interest on which is excluded from gross income under the United States Internal Revenue Code.
(2)In addition to the other powers granted to the State Treasurer, the State Treasurer may create one or more pools for the investment of proceeds. The pools shall be separate and distinct from the General Fund. Amounts in a pool shall be invested under the standards for investment of state funds which are provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government). However, the investment objective for the pools shall be to make the amounts therein as productive to the investor as is administratively reasonable, taking into account restrictions imposed by the United States on the investment of the proceeds and the ability of the investor to retain investment earnings for its benefit. Amounts in a pool shall be invested according to policies established by the Oregon Investment Council. ORS 293.857 (Separate accounts for each local government) shall not apply to investments of amounts in a pool. The State Treasurer or the council may enter into agreements with investors regarding the investment of proceeds in a pool authorized by this section and may take other action reasonably required to establish and operate pools for the investment of proceeds in a manner which reduces the burden on investors of complying with federal arbitrage laws.
(3)The State Treasurer or the council may contract for trust, investment management, legal, accounting, financial advisory and other services with respect to the funds invested in a pool. Costs of the services may be paid from earnings on proceeds invested in a pool, from fees charged to investors or from any other legally available funds. The State Treasurer may charge investors fees for deposit or withdrawal of amounts from a pool. The fees shall not exceed the State Treasurer’s reasonable estimate of the costs of creating and operating the pool.
(4)The State Treasurer shall establish policies and procedures for the allocation of pool expenses, earnings and losses among investors in a pool, and for the deposit and withdrawal of amounts in a pool. Net earnings on amounts in pools shall be distributed among investors in accordance with the policies and procedures established by the State Treasurer.
(5)The State of Oregon, its agencies, public bodies and trustees which hold proceeds may invest proceeds through the State Treasurer in a pool. [Formerly 293.824]
Atty. Gen. Opinions
Duty or authority of Secretary of State to conduct performance audits, (1985) Vol. 44, p 381