State treasurer; duties; safekeeping of securities; interest; exemptions; responsibilities

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35-317. State treasurer; duties; safekeeping of securities; interest; exemptions; responsibilities

A. The state treasurer is responsible for the safekeeping of all securities acquired by him under this article and those for which he is the lawful custodian. Securities may be deposited for safekeeping with any bank eligible to be the state servicing bank pursuant to section 35-315 or any trust company or trust department of any bank qualified to do business in this state.

B. The state treasurer may at the expense of the state enter into an agreement with any of those entities listed in subsection A of this section or authorized by section 35-311, subsection E for the safekeeping and handling of securities. The agreement shall be entered into under terms and conditions which secure the proper safeguarding, inventory, withdrawal and handling of the securities and lending of securities to the financial or dealer community pursuant to section 35-313, subsection C. Access to deposits or withdrawals of the securities from any place of deposit selected by the officers shall not be permitted or made except as the terms of the agreement provide. The agreement need not require that securities be physically located in this state, if the securities are represented by safekeeping receipts issued for the account of the state treasurer by a federal reserve bank or any bank located in a reserve city whose combined capital and surplus on the date of the safekeeping receipt are ten million dollars or more.

C. The state treasurer shall regularly account for, itemize and inventory according to general public fund accounting practices all securities coming lawfully into his possession. Such practice shall be audited by the auditor general at the time of the regular audit as prescribed by law.

D. When securities acquired under this article mature and become due and payable, the state treasurer shall present them for payment according to their terms and collect the monies payable on them. The monies collected shall be treated as treasury monies subject to reinvestment under the appropriate section of this article.

E. Interest and appreciation realized on any investment authorized by this article shall be collected by the state treasurer and credited by him in accordance with general public fund accounting practices.

F. All interest realized on any investment of treasury monies not otherwise apportioned by law shall be credited to the general fund of this state.

G. The investment of treasury monies as provided in this article is exempt from the provisions of section 35-142, subsection B and sections 35-154, 35-181.01, 35-181.02, 35-182 through 35-185, 35-185.01, 35-185.02, 35-186 through 35-192, 35-192.01, 35-192.02, 35-193, 35-193.02 and 41-732.

H. The state treasurer is responsible for the safekeeping, management and disbursement of any investment made and any interest received in compliance with this article.


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