State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-4 > Chapter-12b > 12b-10

        12B.10  PUBLIC FUNDS INVESTMENT STANDARDS.
         1. a.  In addition to investment standards and requirements
      otherwise provided by law, the investment of public funds by the
      treasurer of state, state agencies authorized to invest funds, and
      political subdivisions of this state, shall comply with this section,
      except where otherwise provided by another statute specifically
      referring to this section.
         b.  The treasurer of state and the treasurer of each political
      subdivision shall at all times keep funds coming into their
      possession as public money in a vault or safe to be provided for that
      purpose or in one or more depositories approved pursuant to chapter
      12C.  However, the treasurer of state, state agencies authorized to
      invest public funds, and political subdivisions shall invest, unless
      otherwise provided, any public funds not currently needed in
      investments authorized by this section.
         2.  The treasurer of state, state agencies authorized to invest
      funds, and political subdivisions of this state, when investing or
      depositing public funds, shall exercise the care, skill, prudence,
      and diligence under the circumstances then prevailing that a prudent
      person acting in a like capacity and familiar with such matters would
      use to attain the goals of this subsection.  This standard requires
      that when making investment decisions, a public entity shall consider
      the role that the investment or deposit plays within the portfolio of
      assets of the public entity and the goals of this subsection.  The
      primary goals of investment prudence shall be based in the following
      order of priority:
         a.  Safety of principal is the first priority.
         b.  Maintaining the necessary liquidity to match expected
      liabilities is the second priority.
         c.  Obtaining a reasonable return is the third priority.
         3.  Investments of public funds shall be made in accordance with
      written policies.  A written investment policy shall address the
      goals set out in subsection 2 and shall also address, but is not
      limited to, compliance with state law, diversification, maturity,
      quality, and capability of investment management.
         The trading of securities in which any public funds are invested
      for the purpose of speculation and the realization of short-term
      trading profits is prohibited.
         Investments by a political subdivision must have maturities that
      are consistent with the needs and use of that political subdivision
      or agency.
         4. a.  The treasurer of state and all other state agencies
      authorized to invest funds shall only purchase and invest in the
      following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than thirty
      percent of the investment portfolio of the treasurer of state or any
      other state agency shall be in investments authorized by this
      subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than thirty percent of the investment portfolio of the treasurer
      of state or any other state agency shall be in investments authorized
      by this subparagraph and that at the time of purchase no more than
      five percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraphs (1) through (4) if the
      treasurer of state or state agency takes delivery of the collateral
      either directly or through an authorized custodian.  Repurchase
      agreements do not include reverse repurchase agreements.
         (6)  Investments authorized for the Iowa public employees'
      retirement system in section 97B.7A, except that investment in common
      stocks is not permitted.
         (7)  An open-end management investment company organized in trust
      form registered with the federal securities and exchange commission
      under the federal Investment Company Act of 1940, 15 U.S.C. § 80(a),
      and operated in accordance with 17 C.F.R. § 270.2a-7.
         (8)  Investments authorized under subsection 7.
         (9)  Obligations of the Iowa finance authority issued pursuant to
      chapter 16, bearing interest at market rates, provided that at the
      time of purchase the Iowa finance authority has an issuer credit
      rating within the two highest classifications or the obligations to
      be purchased are rated within the two highest classifications, as
      established by at least one of the standard rating services approved
      by the superintendent of banking by rule adopted pursuant to chapter
      17A.
         b.  Futures and options contracts are not permissible
      investments.
         5. a.  Political subdivisions of this state, including
      entities organized pursuant to chapter 28E whose primary function is
      other than to jointly invest public funds, shall purchase and invest
      only in the following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than ten percent
      of the investment portfolio shall be in investments authorized by
      this subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than ten percent of the investment portfolio shall be in
      investments authorized by this subparagraph and that at the time of
      purchase no more than five percent of the investment portfolio shall
      be invested in the securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraph (1) if the political
      subdivision takes delivery of the collateral either directly or
      through an authorized custodian.  Repurchase agreements do not
      include reverse repurchase agreements.
         (6)  An open-end management investment company registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.
         (7)  A joint investment trust organized pursuant to chapter 28E
      prior to and existing in good standing on the effective date of this
      Act or a joint investment trust organized pursuant to chapter 28E
      after April 28, 1992, provided that the joint investment trust shall
      either be rated within the two highest classifications by at least
      one of the standard rating services approved by the superintendent of
      banking by rule adopted pursuant to chapter 17A and operated in
      accordance with 17 C.F.R. § 270.2a-7, or be registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.  The manager or investment
      advisor of the joint investment trust shall be registered with the
      federal securities and exchange commission under the Investment
      Advisor Act of 1940, 15 U.S.C. § 80(b).
         (8)  Warrants or improvement certificates of a levee or drainage
      district.
         (9)  Investments authorized under subsection 7.
         b.  Futures and options contracts are not permissible
      investments.
         6.  The following investments are not subject to this section:
         a.  Investments by the public safety peace officers'
      retirement system governed by chapter 97A.
         b.  Investments by the Iowa public employees' retirement
      system governed by chapter 97B.
         c.  Investments by the Iowa finance authority governed by
      chapter 16.
         d.  Investments by the state board of regents.  However,
      investments by the state board of regents or institutions governed by
      the state board of regents are limited to the following:
         (1)  Those investments set out in subsection 4.
         (2)  The common fund for nonprofit organizations.
         (3)  Common stocks.
         (4)  For investments of short-term operating funds, the funds
      shall not be invested in investments having effective maturities
      exceeding sixty-three months.
         e.  A pension and annuity retirement system governed by
      chapter 294.
         f.  Investments by the statewide fire and police retirement
      system governed by chapter 411.
         g.  Investments by the judicial retirement system governed by
      chapter 602, article 9.
         h.  Investments under the deferred compensation plan
      established by the executive council pursuant to section 509A.12.
         i.  Investments made by city hospitals as provided in section
      392.6.  However, investments by city hospitals are limited to the
      following:
         (1)  The same types of investments as the treasurer of state and
      other state agencies may make under this section.
         (2)  Investment in common stocks.
         j.  Investments by the tobacco settlement authority governed
      by chapter 12E.
         k.  Investments by municipal utility retirement systems
      governed under chapter 412.
         7.  Notwithstanding sections 12C.2, 12C.4, 12C.6, 12C.6A, and any
      other provision of law relating to the deposits of public funds, if
      public funds are deposited in a depository, as defined in section
      12C.1, any uninsured portion of the public funds invested through the
      depository may be invested in certificates of deposit arranged by the
      depository that are issued by one or more federally insured banks or
      savings associations regardless of location for the account of the
      public funds depositor if all of the following requirements are
      satisfied:
         a.  The full amount of the principal and any accrued interest
      of each certificate of deposit issued shall be covered by federal
      deposit insurance.
         b.  The depository, either directly or through an agent or
      subcustodian, shall act as custodian of the certificates of deposit.

         c.  The day the certificates of deposit are issued, the
      depository shall have received deposits in an amount eligible for
      federal deposit insurance from, and issued certificates of deposit
      to, customers of other financial institutions wherever located that
      are equal to or greater than the amount of public funds invested
      under this subsection by the public funds depositor through the
      depository.
         8.  As used in this section, "public funds" means the same as
      defined in section 12C.1, subsection 2.  
         Section History: Early Form
         [R60, § 804; C73, § 918; C97, § 1462; S13, § 1462; C24, 27, 31,
      35, 39, § 7412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 452.10] 
         Section History: Recent Form
         84 Acts, ch 1194, § 1; 84 Acts, ch 1230, § 4; 85 Acts, ch 194, §1;
      87 Acts, ch 105, § 3; 88 Acts, ch 1027, § 1; 88 Acts, ch 1187, § 1;
      90 Acts, ch 1233, § 30; 91 Acts, ch 249, §1; 92 Acts, ch 1156, § 16
         C93, § 12B.10
         94 Acts, ch 1012, §1; 96 Acts, ch 1187, §75; 97 Acts, ch 185, §1;
      2000 Acts, ch 1156, §1; 2000 Acts, ch 1208, §20, 25; 2001 Acts, ch
      68, §2, 24; 2001 Acts, ch 102, §1; 2003 Acts, ch 179, §91; 2006 Acts,
      ch 1023, § 1--4; 2008 Acts, ch 1075, §1
         Referred to in § 12B.10A, 12B.10B, 12B.14, 12C.1, 12C.7, 12C.9,
      12C.10, 12C.22, 12C.23A, 28E.5, 161A.80, 279.29, 331.555, 347.13,
      357A.11, 384.21, 412.4, 523I.507, 905.6

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-4 > Chapter-12b > 12b-10

        12B.10  PUBLIC FUNDS INVESTMENT STANDARDS.
         1. a.  In addition to investment standards and requirements
      otherwise provided by law, the investment of public funds by the
      treasurer of state, state agencies authorized to invest funds, and
      political subdivisions of this state, shall comply with this section,
      except where otherwise provided by another statute specifically
      referring to this section.
         b.  The treasurer of state and the treasurer of each political
      subdivision shall at all times keep funds coming into their
      possession as public money in a vault or safe to be provided for that
      purpose or in one or more depositories approved pursuant to chapter
      12C.  However, the treasurer of state, state agencies authorized to
      invest public funds, and political subdivisions shall invest, unless
      otherwise provided, any public funds not currently needed in
      investments authorized by this section.
         2.  The treasurer of state, state agencies authorized to invest
      funds, and political subdivisions of this state, when investing or
      depositing public funds, shall exercise the care, skill, prudence,
      and diligence under the circumstances then prevailing that a prudent
      person acting in a like capacity and familiar with such matters would
      use to attain the goals of this subsection.  This standard requires
      that when making investment decisions, a public entity shall consider
      the role that the investment or deposit plays within the portfolio of
      assets of the public entity and the goals of this subsection.  The
      primary goals of investment prudence shall be based in the following
      order of priority:
         a.  Safety of principal is the first priority.
         b.  Maintaining the necessary liquidity to match expected
      liabilities is the second priority.
         c.  Obtaining a reasonable return is the third priority.
         3.  Investments of public funds shall be made in accordance with
      written policies.  A written investment policy shall address the
      goals set out in subsection 2 and shall also address, but is not
      limited to, compliance with state law, diversification, maturity,
      quality, and capability of investment management.
         The trading of securities in which any public funds are invested
      for the purpose of speculation and the realization of short-term
      trading profits is prohibited.
         Investments by a political subdivision must have maturities that
      are consistent with the needs and use of that political subdivision
      or agency.
         4. a.  The treasurer of state and all other state agencies
      authorized to invest funds shall only purchase and invest in the
      following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than thirty
      percent of the investment portfolio of the treasurer of state or any
      other state agency shall be in investments authorized by this
      subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than thirty percent of the investment portfolio of the treasurer
      of state or any other state agency shall be in investments authorized
      by this subparagraph and that at the time of purchase no more than
      five percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraphs (1) through (4) if the
      treasurer of state or state agency takes delivery of the collateral
      either directly or through an authorized custodian.  Repurchase
      agreements do not include reverse repurchase agreements.
         (6)  Investments authorized for the Iowa public employees'
      retirement system in section 97B.7A, except that investment in common
      stocks is not permitted.
         (7)  An open-end management investment company organized in trust
      form registered with the federal securities and exchange commission
      under the federal Investment Company Act of 1940, 15 U.S.C. § 80(a),
      and operated in accordance with 17 C.F.R. § 270.2a-7.
         (8)  Investments authorized under subsection 7.
         (9)  Obligations of the Iowa finance authority issued pursuant to
      chapter 16, bearing interest at market rates, provided that at the
      time of purchase the Iowa finance authority has an issuer credit
      rating within the two highest classifications or the obligations to
      be purchased are rated within the two highest classifications, as
      established by at least one of the standard rating services approved
      by the superintendent of banking by rule adopted pursuant to chapter
      17A.
         b.  Futures and options contracts are not permissible
      investments.
         5. a.  Political subdivisions of this state, including
      entities organized pursuant to chapter 28E whose primary function is
      other than to jointly invest public funds, shall purchase and invest
      only in the following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than ten percent
      of the investment portfolio shall be in investments authorized by
      this subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than ten percent of the investment portfolio shall be in
      investments authorized by this subparagraph and that at the time of
      purchase no more than five percent of the investment portfolio shall
      be invested in the securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraph (1) if the political
      subdivision takes delivery of the collateral either directly or
      through an authorized custodian.  Repurchase agreements do not
      include reverse repurchase agreements.
         (6)  An open-end management investment company registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.
         (7)  A joint investment trust organized pursuant to chapter 28E
      prior to and existing in good standing on the effective date of this
      Act or a joint investment trust organized pursuant to chapter 28E
      after April 28, 1992, provided that the joint investment trust shall
      either be rated within the two highest classifications by at least
      one of the standard rating services approved by the superintendent of
      banking by rule adopted pursuant to chapter 17A and operated in
      accordance with 17 C.F.R. § 270.2a-7, or be registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.  The manager or investment
      advisor of the joint investment trust shall be registered with the
      federal securities and exchange commission under the Investment
      Advisor Act of 1940, 15 U.S.C. § 80(b).
         (8)  Warrants or improvement certificates of a levee or drainage
      district.
         (9)  Investments authorized under subsection 7.
         b.  Futures and options contracts are not permissible
      investments.
         6.  The following investments are not subject to this section:
         a.  Investments by the public safety peace officers'
      retirement system governed by chapter 97A.
         b.  Investments by the Iowa public employees' retirement
      system governed by chapter 97B.
         c.  Investments by the Iowa finance authority governed by
      chapter 16.
         d.  Investments by the state board of regents.  However,
      investments by the state board of regents or institutions governed by
      the state board of regents are limited to the following:
         (1)  Those investments set out in subsection 4.
         (2)  The common fund for nonprofit organizations.
         (3)  Common stocks.
         (4)  For investments of short-term operating funds, the funds
      shall not be invested in investments having effective maturities
      exceeding sixty-three months.
         e.  A pension and annuity retirement system governed by
      chapter 294.
         f.  Investments by the statewide fire and police retirement
      system governed by chapter 411.
         g.  Investments by the judicial retirement system governed by
      chapter 602, article 9.
         h.  Investments under the deferred compensation plan
      established by the executive council pursuant to section 509A.12.
         i.  Investments made by city hospitals as provided in section
      392.6.  However, investments by city hospitals are limited to the
      following:
         (1)  The same types of investments as the treasurer of state and
      other state agencies may make under this section.
         (2)  Investment in common stocks.
         j.  Investments by the tobacco settlement authority governed
      by chapter 12E.
         k.  Investments by municipal utility retirement systems
      governed under chapter 412.
         7.  Notwithstanding sections 12C.2, 12C.4, 12C.6, 12C.6A, and any
      other provision of law relating to the deposits of public funds, if
      public funds are deposited in a depository, as defined in section
      12C.1, any uninsured portion of the public funds invested through the
      depository may be invested in certificates of deposit arranged by the
      depository that are issued by one or more federally insured banks or
      savings associations regardless of location for the account of the
      public funds depositor if all of the following requirements are
      satisfied:
         a.  The full amount of the principal and any accrued interest
      of each certificate of deposit issued shall be covered by federal
      deposit insurance.
         b.  The depository, either directly or through an agent or
      subcustodian, shall act as custodian of the certificates of deposit.

         c.  The day the certificates of deposit are issued, the
      depository shall have received deposits in an amount eligible for
      federal deposit insurance from, and issued certificates of deposit
      to, customers of other financial institutions wherever located that
      are equal to or greater than the amount of public funds invested
      under this subsection by the public funds depositor through the
      depository.
         8.  As used in this section, "public funds" means the same as
      defined in section 12C.1, subsection 2.  
         Section History: Early Form
         [R60, § 804; C73, § 918; C97, § 1462; S13, § 1462; C24, 27, 31,
      35, 39, § 7412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 452.10] 
         Section History: Recent Form
         84 Acts, ch 1194, § 1; 84 Acts, ch 1230, § 4; 85 Acts, ch 194, §1;
      87 Acts, ch 105, § 3; 88 Acts, ch 1027, § 1; 88 Acts, ch 1187, § 1;
      90 Acts, ch 1233, § 30; 91 Acts, ch 249, §1; 92 Acts, ch 1156, § 16
         C93, § 12B.10
         94 Acts, ch 1012, §1; 96 Acts, ch 1187, §75; 97 Acts, ch 185, §1;
      2000 Acts, ch 1156, §1; 2000 Acts, ch 1208, §20, 25; 2001 Acts, ch
      68, §2, 24; 2001 Acts, ch 102, §1; 2003 Acts, ch 179, §91; 2006 Acts,
      ch 1023, § 1--4; 2008 Acts, ch 1075, §1
         Referred to in § 12B.10A, 12B.10B, 12B.14, 12C.1, 12C.7, 12C.9,
      12C.10, 12C.22, 12C.23A, 28E.5, 161A.80, 279.29, 331.555, 347.13,
      357A.11, 384.21, 412.4, 523I.507, 905.6

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-4 > Chapter-12b > 12b-10

        12B.10  PUBLIC FUNDS INVESTMENT STANDARDS.
         1. a.  In addition to investment standards and requirements
      otherwise provided by law, the investment of public funds by the
      treasurer of state, state agencies authorized to invest funds, and
      political subdivisions of this state, shall comply with this section,
      except where otherwise provided by another statute specifically
      referring to this section.
         b.  The treasurer of state and the treasurer of each political
      subdivision shall at all times keep funds coming into their
      possession as public money in a vault or safe to be provided for that
      purpose or in one or more depositories approved pursuant to chapter
      12C.  However, the treasurer of state, state agencies authorized to
      invest public funds, and political subdivisions shall invest, unless
      otherwise provided, any public funds not currently needed in
      investments authorized by this section.
         2.  The treasurer of state, state agencies authorized to invest
      funds, and political subdivisions of this state, when investing or
      depositing public funds, shall exercise the care, skill, prudence,
      and diligence under the circumstances then prevailing that a prudent
      person acting in a like capacity and familiar with such matters would
      use to attain the goals of this subsection.  This standard requires
      that when making investment decisions, a public entity shall consider
      the role that the investment or deposit plays within the portfolio of
      assets of the public entity and the goals of this subsection.  The
      primary goals of investment prudence shall be based in the following
      order of priority:
         a.  Safety of principal is the first priority.
         b.  Maintaining the necessary liquidity to match expected
      liabilities is the second priority.
         c.  Obtaining a reasonable return is the third priority.
         3.  Investments of public funds shall be made in accordance with
      written policies.  A written investment policy shall address the
      goals set out in subsection 2 and shall also address, but is not
      limited to, compliance with state law, diversification, maturity,
      quality, and capability of investment management.
         The trading of securities in which any public funds are invested
      for the purpose of speculation and the realization of short-term
      trading profits is prohibited.
         Investments by a political subdivision must have maturities that
      are consistent with the needs and use of that political subdivision
      or agency.
         4. a.  The treasurer of state and all other state agencies
      authorized to invest funds shall only purchase and invest in the
      following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than thirty
      percent of the investment portfolio of the treasurer of state or any
      other state agency shall be in investments authorized by this
      subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than thirty percent of the investment portfolio of the treasurer
      of state or any other state agency shall be in investments authorized
      by this subparagraph and that at the time of purchase no more than
      five percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraphs (1) through (4) if the
      treasurer of state or state agency takes delivery of the collateral
      either directly or through an authorized custodian.  Repurchase
      agreements do not include reverse repurchase agreements.
         (6)  Investments authorized for the Iowa public employees'
      retirement system in section 97B.7A, except that investment in common
      stocks is not permitted.
         (7)  An open-end management investment company organized in trust
      form registered with the federal securities and exchange commission
      under the federal Investment Company Act of 1940, 15 U.S.C. § 80(a),
      and operated in accordance with 17 C.F.R. § 270.2a-7.
         (8)  Investments authorized under subsection 7.
         (9)  Obligations of the Iowa finance authority issued pursuant to
      chapter 16, bearing interest at market rates, provided that at the
      time of purchase the Iowa finance authority has an issuer credit
      rating within the two highest classifications or the obligations to
      be purchased are rated within the two highest classifications, as
      established by at least one of the standard rating services approved
      by the superintendent of banking by rule adopted pursuant to chapter
      17A.
         b.  Futures and options contracts are not permissible
      investments.
         5. a.  Political subdivisions of this state, including
      entities organized pursuant to chapter 28E whose primary function is
      other than to jointly invest public funds, shall purchase and invest
      only in the following:
         (1)  Obligations of the United States government, its agencies,
      and instrumentalities.
         (2)  Certificates of deposit and other evidences of deposit at
      federally insured depository institutions approved pursuant to
      chapter 12C.
         (3)  Prime bankers' acceptances that mature within two hundred
      seventy days and that are eligible for purchase by a federal reserve
      bank, provided that at the time of purchase no more than ten percent
      of the investment portfolio shall be in investments authorized by
      this subparagraph and that at the time of purchase no more than five
      percent of the investment portfolio shall be invested in the
      securities of a single issuer.
         (4)  Commercial paper or other short-term corporate debt that
      matures within two hundred seventy days and that is rated within the
      two highest classifications, as established by at least one of the
      standard rating services approved by the superintendent of banking by
      rule adopted pursuant to chapter 17A, provided that at the time of
      purchase no more than five percent of all amounts invested in
      commercial paper and other short-term corporate debt shall be
      invested in paper and debt rated in the second highest
      classification, and provided further that at the time of purchase no
      more than ten percent of the investment portfolio shall be in
      investments authorized by this subparagraph and that at the time of
      purchase no more than five percent of the investment portfolio shall
      be invested in the securities of a single issuer.
         (5)  Repurchase agreements whose underlying collateral consists of
      the investments set out in subparagraph (1) if the political
      subdivision takes delivery of the collateral either directly or
      through an authorized custodian.  Repurchase agreements do not
      include reverse repurchase agreements.
         (6)  An open-end management investment company registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.
         (7)  A joint investment trust organized pursuant to chapter 28E
      prior to and existing in good standing on the effective date of this
      Act or a joint investment trust organized pursuant to chapter 28E
      after April 28, 1992, provided that the joint investment trust shall
      either be rated within the two highest classifications by at least
      one of the standard rating services approved by the superintendent of
      banking by rule adopted pursuant to chapter 17A and operated in
      accordance with 17 C.F.R. § 270.2a-7, or be registered with the
      federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), and operated in
      accordance with 17 C.F.R. § 270.2a-7.  The manager or investment
      advisor of the joint investment trust shall be registered with the
      federal securities and exchange commission under the Investment
      Advisor Act of 1940, 15 U.S.C. § 80(b).
         (8)  Warrants or improvement certificates of a levee or drainage
      district.
         (9)  Investments authorized under subsection 7.
         b.  Futures and options contracts are not permissible
      investments.
         6.  The following investments are not subject to this section:
         a.  Investments by the public safety peace officers'
      retirement system governed by chapter 97A.
         b.  Investments by the Iowa public employees' retirement
      system governed by chapter 97B.
         c.  Investments by the Iowa finance authority governed by
      chapter 16.
         d.  Investments by the state board of regents.  However,
      investments by the state board of regents or institutions governed by
      the state board of regents are limited to the following:
         (1)  Those investments set out in subsection 4.
         (2)  The common fund for nonprofit organizations.
         (3)  Common stocks.
         (4)  For investments of short-term operating funds, the funds
      shall not be invested in investments having effective maturities
      exceeding sixty-three months.
         e.  A pension and annuity retirement system governed by
      chapter 294.
         f.  Investments by the statewide fire and police retirement
      system governed by chapter 411.
         g.  Investments by the judicial retirement system governed by
      chapter 602, article 9.
         h.  Investments under the deferred compensation plan
      established by the executive council pursuant to section 509A.12.
         i.  Investments made by city hospitals as provided in section
      392.6.  However, investments by city hospitals are limited to the
      following:
         (1)  The same types of investments as the treasurer of state and
      other state agencies may make under this section.
         (2)  Investment in common stocks.
         j.  Investments by the tobacco settlement authority governed
      by chapter 12E.
         k.  Investments by municipal utility retirement systems
      governed under chapter 412.
         7.  Notwithstanding sections 12C.2, 12C.4, 12C.6, 12C.6A, and any
      other provision of law relating to the deposits of public funds, if
      public funds are deposited in a depository, as defined in section
      12C.1, any uninsured portion of the public funds invested through the
      depository may be invested in certificates of deposit arranged by the
      depository that are issued by one or more federally insured banks or
      savings associations regardless of location for the account of the
      public funds depositor if all of the following requirements are
      satisfied:
         a.  The full amount of the principal and any accrued interest
      of each certificate of deposit issued shall be covered by federal
      deposit insurance.
         b.  The depository, either directly or through an agent or
      subcustodian, shall act as custodian of the certificates of deposit.

         c.  The day the certificates of deposit are issued, the
      depository shall have received deposits in an amount eligible for
      federal deposit insurance from, and issued certificates of deposit
      to, customers of other financial institutions wherever located that
      are equal to or greater than the amount of public funds invested
      under this subsection by the public funds depositor through the
      depository.
         8.  As used in this section, "public funds" means the same as
      defined in section 12C.1, subsection 2.  
         Section History: Early Form
         [R60, § 804; C73, § 918; C97, § 1462; S13, § 1462; C24, 27, 31,
      35, 39, § 7412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 452.10] 
         Section History: Recent Form
         84 Acts, ch 1194, § 1; 84 Acts, ch 1230, § 4; 85 Acts, ch 194, §1;
      87 Acts, ch 105, § 3; 88 Acts, ch 1027, § 1; 88 Acts, ch 1187, § 1;
      90 Acts, ch 1233, § 30; 91 Acts, ch 249, §1; 92 Acts, ch 1156, § 16
         C93, § 12B.10
         94 Acts, ch 1012, §1; 96 Acts, ch 1187, §75; 97 Acts, ch 185, §1;
      2000 Acts, ch 1156, §1; 2000 Acts, ch 1208, §20, 25; 2001 Acts, ch
      68, §2, 24; 2001 Acts, ch 102, §1; 2003 Acts, ch 179, §91; 2006 Acts,
      ch 1023, § 1--4; 2008 Acts, ch 1075, §1
         Referred to in § 12B.10A, 12B.10B, 12B.14, 12C.1, 12C.7, 12C.9,
      12C.10, 12C.22, 12C.23A, 28E.5, 161A.80, 279.29, 331.555, 347.13,
      357A.11, 384.21, 412.4, 523I.507, 905.6