ORS 294.035
Investment of funds of political subdivisions
- approved investments
(1)
Subject to ORS 294.040 (Restriction on investments under ORS 294.035) and 294.135 (Investment maturity dates) to 294.155 (Annual audit report), the custodial officer may invest any sinking fund, bond fund or surplus funds in the custody of the custodial officer in the bank accounts, classes of securities at current market prices, insurance contracts and other investments listed in this section, but only after obtaining from the governing body of the county, municipality, political subdivision or school district a written order that has been entered in the minutes or journal of the governing body.(2)
This section does not:(a)
Limit the authority of the custodial officer to invest surplus funds in other investments when the investment is specifically authorized by another statute.(b)
Apply to a sinking fund or a bond fund established in connection with conduit revenue bonds issued by a county, municipality, political subdivision or school district for private business entities or nonprofit corporations.(3)
Investments authorized by this section are:(a)
Lawfully issued general obligations of the United States, the agencies and instrumentalities of the United States or enterprises sponsored by the United States Government and obligations whose payment is guaranteed by the United States, the agencies and instrumentalities of the United States or enterprises sponsored by the United States Government.(b)
Lawfully issued debt obligations of the agencies and instrumentalities of the State of Oregon and its political subdivisions that have a long-term rating of A- or an equivalent rating or better or are rated on the settlement date in the highest category without any refinement or gradation for short-term municipal debt by a nationally recognized statistical rating organization.(c)
Lawfully issued debt obligations of the States of California, Idaho and Washington and political subdivisions of those states if the obligations have a long-term rating of AA- or an equivalent rating or better or are rated on the settlement date in the highest category for short-term municipal debt by a nationally recognized statistical rating organization.(d)
Time deposit open accounts, certificates of deposit and savings accounts in insured institutions as defined in ORS 706.008 (Additional definitions for Bank Act), in credit unions as defined in ORS 723.006 (“Credit union” defined) or in federal credit unions, if the institution or credit union maintains a head office or a branch in this state.(e)
Share accounts and savings accounts in credit unions in the name of, or for the benefit of, a member of the credit union pursuant to a plan of deferred compensation.(f)
Fixed or variable life insurance or annuities as defined in ORS 731.170 (“Life insurance”) and guaranteed investment contracts issued by life insurance companies authorized to do business in this state.(g)
Trusts in which deferred compensation funds from other public employers are pooled, if:(A)
The purpose is to establish a deferred compensation plan;(B)
The trust is a public instrumentality of such public employers and described in section (2)(b) of the Investment Company Act of 1940, 15 U.S.C. 80a-2(b), as amended, in effect on September 20, 1985, or the trust is a common trust fund described in ORS 709.170 (Establishment of and investment in common trust funds);(C)
Under the terms of the plan the net income from or gain or loss due to fluctuation in value of the underlying assets of the trust, or other change in such assets, is reflected in an equal increase or decrease in the amount distributable to the employee or the beneficiary thereof and, therefore, does not ultimately result in a net increase or decrease in the worth of the public employer or the state; and(D)
The fidelity of the trustees and others with access to such assets, other than a trust company, as defined in ORS 706.008 (Additional definitions for Bank Act), is insured by a surety bond that is satisfactory to the public employer, issued by a company authorized to do a surety business in this state and in an amount that is not less than 10 percent of the value of such assets.(h)
Intentionally left blank —Ed.(A)
Banker’s acceptances, if the banker’s acceptances are:(i)
Guaranteed by, and carried on the books of, a qualified financial institution;(ii)
Eligible for discount by the Federal Reserve System; and(iii)
Issued by a qualified financial institution whose short-term letter of credit rating is rated in the highest category without any refinement or gradation by one or more nationally recognized statistical rating organizations.(B)
For the purposes of this paragraph, “qualified financial institution” means:(i)
A financial institution that is located and licensed to do banking business in the State of Oregon; or(ii)
A financial institution that is wholly owned by a financial holding company or a bank holding company that owns a financial institution that is located and licensed to do banking business in the State of Oregon.(C)
A custodial officer shall not permit more than 25 percent of the moneys of a local government that are available for investment, as determined on the settlement date, to be invested in banker’s acceptances of any qualified financial institution.(i)
Intentionally left blank —Ed.(A)
Corporate indebtedness subject to a valid registration statement on file with the Securities and Exchange Commission or issued under the authority of section 3(a)(2) or 3(a)(3) of the Securities Act of 1933, as amended. Corporate indebtedness described in this paragraph does not include banker’s acceptances. The corporate indebtedness must be issued by a commercial, industrial or utility business enterprise, or by or on behalf of a financial institution, including a holding company owning a majority interest in a qualified financial institution.(B)
Corporate indebtedness must be rated on the settlement date P-1 or Aa3 or better by Moody’s Investors Service or A-1 or AA- or better by S&P Global Ratings and Fitch Ratings or an equivalent rating by any nationally recognized statistical rating organization.(C)
Notwithstanding subparagraph (B) of this paragraph, the corporate indebtedness must be rated on the settlement date P-2 or A3 or better by Moody’s Investors Service or A-2 or A or better by S&P Global Ratings and Fitch Ratings or an equivalent rating by any nationally recognized statistical rating organization when the corporate indebtedness is:(i)
Issued by a business enterprise that has its headquarters in Oregon, employs more than 50 percent of its permanent workforce in Oregon or has more than 50 percent of its tangible assets in Oregon; or(ii)
Issued by a holding company owning not less than a majority interest in a qualified financial institution, as defined in paragraph (h) of this subsection, located and licensed to do banking business in Oregon or by a holding company owning not less than a majority interest in a business enterprise described in sub-subparagraph (i) of this subparagraph.(D)
A custodial officer may not permit more than 35 percent of the moneys of a local government that are available for investment, as determined on the settlement date, to be invested in corporate indebtedness, and may not permit more than five percent of the moneys of a local government that are available for investment to be invested in corporate indebtedness of any single corporate entity and its affiliates or subsidiaries.(j)
Repurchase agreements whereby the custodial officer purchases securities from a financial institution or securities dealer subject to an agreement by the seller to repurchase the securities. The repurchase agreement must be in writing and executed in advance of the initial purchase of the securities that are the subject of the repurchase agreement. Only securities described in paragraph (a) of this subsection may be used in conjunction with a repurchase agreement and such securities shall have a maturity of not longer than three years. The price paid by the custodial officer for such securities may not exceed amounts or percentages prescribed by written policy of the Oregon Investment Council or the Oregon Short Term Fund Board created by ORS 294.885 (Oregon Short Term Fund Board).(k)
Shares of stock of any company, association or corporation, including but not limited to shares of a mutual fund, but only if the moneys being invested are funds set aside pursuant to a local government deferred compensation plan and are held in trust for the exclusive benefit of participants and their beneficiaries.(L)
The investment pool as defined in ORS 294.805 (Definitions for ORS 294.805 to 294.895) and, with the approval of the State Treasurer, any other commingled investment pool that may be established in the discretion of the State Treasurer for investment of the funds of local governments. The State Treasurer may require the governing body of a local government to enter into an investment agreement with the State Treasurer as a condition of investing funds in a commingled investment pool under this paragraph. [Amended by 1957 c.53 §1; 1957 c.689 §1; 1965 c.404 §1; 1973 c.157 §1; 1973 c.288 §1; 1974 c.36 §9; 1975 c.359 §3; 1977 c.300 §1; 1981 c.804 §84; 1981 c.880 §13; 1983 c.456 §2; 1985 c.256 §2; 1985 c.440 §1; 1985 c.690 §2; 1987 c.493 §1; 1991 c.459 §379; 1993 c.59 §1; 1993 c.452 §1; 1993 c.721 §1; 1995 c.79 §102; 1995 c.245 §2; 1997 c.249 §91; 1997 c.631 §446; 1999 c.601 §1; 2001 c.377 §43; 2003 c.405 §1; 2005 c.443 §§13,13a; 2009 c.821 §25; 2013 c.192 §1; 2014 c.18 §1; 2019 c.587 §52]
Source:
Section 294.035 — Investment of funds of political subdivisions; approved investments, https://www.oregonlegislature.gov/bills_laws/ors/ors294.html.
Notes of Decisions
This section does not distinguish between voluntarily and involuntarily placed funds. Urban Renewal Agency v. Swank, 54 Or App 591, 635 P2d 1344 (1981), Sup Ct review denied
Since this section, together with ORS 328.255 and 328.441, do not define county treasurer’s investment of school district proceeds as “use,” treasurer’s pooling of proceeds with those of other governments for investment was not “use” but was rather the manner in which treasurer exercised custody over funds. Urban Renewal Agency v. Swank, 54 Or App 591, 635 P2d 1344 (1981), Sup Ct review denied
Attorney General Opinions
Investment of funds by school district, (1974) Vol 36, p 827; investment of funds in a credit union, (1975) Vol 37, p 968; investment of deferred compensation funds, (1976) Vol 37, p 1284; collateral requirements for public funds, (1976) Vol 38, p 374; authority of local government to invest public funds in variable annuity contracts for funding deferred compensation plans, (1978) Vol 39, p 47; public official entering into standby or forward commitments to purchase securities, (1980) Vol 40, p 295; general obligations of Federal National Mortgage Association as general obligations of instrumentality of U.S., (1982) Vol. 42, p 359
Law Review Citations
58 OLR 119 (1979)
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