Section 5-13-9-2 - Investment of funds held in securities; cost in excess of par; protecting interest in funds invested; legal custodians; safekeeping receipts(a) Each officer designated in section 1 of this chapter may invest or reinvest any funds that are held by the officer and available for investment in any of the following: (1) Securities backed by the full faith and credit of the United States Treasury or fully guaranteed by the United States and issued by any of the following:(A) The United States Treasury.(C) A federal instrumentality.(D) A federal government sponsored enterprise.(2) Securities fully guaranteed and issued by any of the following:(B) A federal instrumentality.(C) A federal government sponsored enterprise.(3) Municipal securities issued by an Indiana local governmental entity, a quasi-governmental entity related to the state, a unit of government, municipal corporation, or special taxing district in Indiana, or a nonprofit building corporation created by a municipal corporation, if the issuer has not defaulted on any of the issuer's obligations within the twenty (20) years preceding the date of the purchase. A security purchased by the treasurer of state under this subdivision must have a stated final maturity of not more than ten (10) years after the date of purchase. However, a security purchased by the treasurer of state from the Indiana bond bank under this subdivision must have a stated final maturity of not more than twenty-five (25) years after the date of purchase.(b) If an investment under subsection (a) is made at a cost in excess of the par value of the securities purchased, any premium paid for the securities shall be deducted from the first interest received and returned to the fund from which the investment was purchased, and only the net amount is considered interest income.(c) The officer making the investment may sell any securities acquired and may do anything necessary to protect the interests of the funds invested, including the exercise of exchange privileges which may be granted with respect to maturing securities in cases where the new securities offered in exchange meet the requirements for initial investment.(d) The investing officers of the political subdivisions are the legal custodians of securities under this chapter. They shall accept safekeeping receipts or other reporting for securities from:(1) a duly designated depository as prescribed in this article; or(2) a financial institution located either in or out of Indiana having custody of securities with a combined capital and surplus of at least ten million dollars ($10,000,000) according to the last statement of condition filed by the financial institution with its governmental supervisory body.(e) The state board of accounts may rely on safekeeping receipts or other reporting from any depository or financial institution.(f) In addition to any other investments allowed under this chapter, an officer of a conservancy district located in a city having a population of more than five thousand (5,000) and less than five thousand one hundred thirty (5,130) may also invest in: (1) municipal securities; and(2) equity securities; having a stated final maturity of any number of years or having no stated final maturity. The total investments outstanding under this subsection may not exceed twenty-five percent (25%) of the total portfolio of funds invested by the officer of a conservancy district. However, an investment that complies with this subsection when the investment is made remains legal even if a subsequent decrease in the total portfolio invested by the officer of a conservancy district causes the percentage of investments outstanding under this subsection to exceed twenty-five percent (25%).
(g) In addition to any other investments allowed under this chapter, the clerk-treasurer of a town with a population of more than ten thousand (10,000) and less than twenty thousand (20,000) located in a county having a population of more than one hundred seventy-four thousand (174,000) and less than one hundred eighty thousand (180,000) may also invest money in a host community agreement future fund established by ordinance of the town in:(1) municipal securities; and(2) equity securities; having a stated final maturity of any number of years or having no stated final maturity. The total investments outstanding under this subsection may not exceed twenty-five percent (25%) of the total portfolio of funds invested by the clerk-treasurer of a town. However, an investment that complies with this subsection when the investment is made remains legal even if a subsequent decrease in the total portfolio invested by the clerk-treasurer of a town causes the percentage of investments outstanding under this subsection to exceed twenty-five percent (25%).
Amended by P.L. 236-2023,SEC. 9, eff. 7/1/2023.Amended by P.L. 104-2022,SEC. 17, eff. 4/1/2022.Amended by P.L. 47-2016, SEC. 2, eff. 3/21/2016.Amended by P.L. 102-2014, SEC. 2, eff. 7/1/2014.Amended by P.L. 119-2012, SEC. 15, eff. 4/1/2012.As added by P.L. 19-1987, SEC.11. Amended by P.L. 67-1989, SEC.1; P.L. 72-1995, SEC.4; P.L. 18-1996, SEC.12; P.L. 54-1999, SEC.1; P.L. 212-1999, SEC.1; P.L. 170-2002, SEC.14; P.L. 220-2003, SEC.2; P.L. 115-2010, SEC.6.