C.R.S. Section 24-75-703
Local government investment pooling

  • trust method
  • resolution
  • filing requirements

(1)

The governing body of each local government that desires to participate in a local government investment pool trust fund shall cooperate in drafting a uniform resolution to be adopted by a majority vote of the governing body of each participating local government. The resolution shall provide for, but need not be limited to, the following:

(a)

Establishment of a local government investment pool trust fund;

(b)

A statement of the purposes and objectives of the trust fund, including, but not limited to:

(I)

The investment objectives of the trust fund;

(II)

A description of eligible trust fund investments;

(III)

Credit standards for trust fund investments;

(IV)

Allowable maturity ranges for trust fund investments;

(V)

The portfolio concentrations permitted for each type of security owned by the trust fund; and

(VI)

Supervision of the trust fund by a board of trustees composed of members that are selected from among the treasurers or other local officials empowered to invest local funds of the participating local governments and such other independent and unaffiliated trustees named by such members and, a description of the powers and duties of the board of trustees;

(c)

Appointment of an administrator with its primary place of business in this state for the trust fund by the board of trustees, the manner of such administrator’s appointment, and the duties of such administrator;

(d)

Appointment of a custodian of the trust fund by the board of trustees and a statement of the powers and duties of the custodian and the custodial arrangements, including, but not limited to:

(I)

The safekeeping practices utilized for the trust fund;

(II)

Maximum and minimum account sizes;

(III)

Maximum and minimum transaction sizes for deposits to and withdrawals from such accounts;

(IV)

Instructions for establishing accounts and making deposits to and withdrawals from such accounts; and

(V)

The requirement that the primary records of the trust fund be maintained in this state;

(e)

Appointment by the board of trustees of an investment adviser with its principal place of business in this state registered with the securities and exchange commission under the federal “Investment Advisers Act of 1940”, or licensed as an investment adviser by the securities commissioner, or either a licensed broker-dealer with its primary place of business in this state or a financial institution to act in an advisory capacity, and a description of the duties and obligations of such adviser, advisory broker-dealer, or financial institution;

(f)

The repayment from the earnings of the trust fund of costs incurred in the establishment of the trust fund;

(g)

Payment of the expenses of administration from the income received from the earnings of the trust fund;

(h)

Limitations, if any, on the aggregate amount of moneys which any participating local government may have on deposit in the trust fund at one time;

(i)

Limitations, if any, on the period of time that the funds of any participating local government may be held in trust;

(j)

Penalties upon participating local governments for early withdrawal of funds and procedures for resolving other contingencies which may jeopardize the earning potential of the trust fund; except that, any such penalty shall be payable only from earnings on the funds of the participating local government and the amount deposited by each participating local government in the trust fund;

(k)

Distribution of the income from earnings of the trust fund to participating local governments on a pro rata basis;

(l)

Maintenance of separate accounts for each participating local government; however, individual transactions and totals of all investments, or the share belonging to each participating local government, shall be recorded in the accounts;

(m)

Annual audits of trust fund management pursuant to section 11-51-906 (4), C.R.S.;

(n)

Quarterly reports to each participating local government which show the investments and the earnings thereon pursuant to section 11-51-906 (2), C.R.S.;

(o)

Disclosure of administrative and associated costs incurred by the trust fund;

(p)

Purchase of surety or other bonds necessary to protect the trust fund;

(q)

That neither the trust fund’s administrator, investment adviser, or investment adviser representative may act as a principal in the purchase of securities from or the sale of securities to the trust fund; and

(r)

The method of voting of the trust membership and whether the voting shall be by each participating local government or by number of shares held by any participating local government.

(2)

The securities commissioner may, by rule or order and subject to such terms and conditions as prescribed therein, waive any of the requirements set forth in subsection (1) of this section if the securities commissioner finds that the applicability of such requirements is not necessary in the public interest and for the protection of participating local governments.

(3)

By separate resolution similarly adopted, the governing body of each participating local government shall authorize investment of any moneys in its treasury, which are not immediately required to be disbursed, in a local government investment pool trust fund established pursuant to this section. The resolution shall name the local government official, who may be the treasurer or other official empowered to invest local funds, responsible for deposit and withdrawal of such funds. In making such deposits and withdrawals, such official shall use prudence and care to preserve the principal and to secure the maximum rate of interest consistent with safety and liquidity. The resolution shall be filed with the board of trustees of the trust fund.

(4)

Any local government which invests in a local government investment pool trust fund shall make available for public inspection the name, address, and telephone number of any such trust fund in which the local government has deposited funds, as well as the most recent information statement or prospectus provided by such trust fund describing the funds, investments, and performance, including net rate of return earned for the most recent year or quarter after deduction of administrative expenses.

Source: Section 24-75-703 — Local government investment pooling - trust method - resolution - filing requirements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑75‑101
Deficiency in revenue
24‑75‑102
When appropriations expended - balance
24‑75‑103
Exceptions to transfer of balances
24‑75‑104
Gifts and bequests to state institutions of higher education - effect
24‑75‑105
Transfers required to implement conditional and centralized appropriations - repeal
24‑75‑106
Transfers between departments of health care policy and financing and human services for materially similar items of appropriation for medicaid programs - limitation - repeal
24‑75‑106.5
Transfers between departments of health care policy and financing and human services for corresponding items of appropriation - limitations - repeal
24‑75‑107
Cash fund transfers pursuant to sections 24-75-105 and 24-75-106 - repeal
24‑75‑108
Intradepartmental transfers between appropriations - repeal
24‑75‑109
Controller may allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted - repeal
24‑75‑110
Limitation on judicial department - repeal
24‑75‑111
Additional authority for controller to allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted
24‑75‑111.5
Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition
24‑75‑112
Annual general appropriation act - headnote definitions - general provisions - footnotes
24‑75‑112.5
Appropriation clauses - general provisions - legislative declaration - definition
24‑75‑113
2010 bills to increase state revenue - prohibition on hiring of new state employees
24‑75‑114
Appropriations for utilities - roll-forward spending authority - definition
24‑75‑115
Use of state funds - marketing featuring elected officials - prohibition
24‑75‑201
General fund - general fund surplus - custodial money
24‑75‑201.1
Restriction on state appropriations - legislative declaration - definitions
24‑75‑201.2
Restriction on state spending - unrestricted general fund year-end balances
24‑75‑201.3
Procedures relating to revenue estimates
24‑75‑201.5
Revenue shortfalls - required actions by the governor with respect to the reserve
24‑75‑201.7
Enforcement of state spending restriction - punitive or exemplary damages - property tax relief fund - creation
24‑75‑202
Imprest cash accounts
24‑75‑203
Loans and advances
24‑75‑204
Reports
24‑75‑205
Insurance and retirement reserves
24‑75‑206
Legislative declaration
24‑75‑207
Definitions
24‑75‑208
Investment of treasury funds
24‑75‑209
Payment of general fund warrants or checks
24‑75‑210
Reports to governor
24‑75‑219
Transfers - transportation - capital construction - definitions - repeal
24‑75‑220
State education fund - transfers - surplus - legislative declaration
24‑75‑225
Care subfund - creation - administration - transfer - legislative declaration
24‑75‑226
“American Rescue Plan Act of 2021” cash fund - creation - recipient funds - limitations - reporting - legislative declaration - definitions - repeal
24‑75‑227
Revenue loss restoration cash fund - creation - allowable uses - definitions - repeal
24‑75‑228
Economic recovery and relief cash fund - creation - allowable uses - interim task force - report - legislative declaration - definitions - repeal
24‑75‑229
Affordable housing and home ownership cash fund - creation - allowable uses - task force - legislative declaration - definitions - repeal
24‑75‑230
Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal
24‑75‑231
Workers, employers, and workforce centers cash fund - creation - allowable uses - definitions - repeal
24‑75‑232
“Infrastructure Investment and Jobs Act” cash fund - creation - allowable uses - report - legislative declaration - definitions - repeal
24‑75‑301
Definitions
24‑75‑302
Capital construction fund - capital assessment fees - calculation - information technology capital account
24‑75‑302.5
Controlled maintenance - trust fund - legislative declaration
24‑75‑303
Appropriation for capital construction
24‑75‑304
Legislative declaration
24‑75‑305
Transfers from capital construction fund
24‑75‑307
Capitol complex master plan implementation fund - creation - transfers for fund
24‑75‑401
Cash funds abolished
24‑75‑402
Cash funds - limit on uncommitted reserves - reduction in the amount of fees - exclusions - definitions
24‑75‑403
Capital reserve - creation - annual appropriation - definitions
24‑75‑601
Definitions
24‑75‑601.1
Legal investments of public funds - definition
24‑75‑601.2
Prior investments valid
24‑75‑601.3
Remedial actions - investments not made in conformance with statute
24‑75‑601.4
Liability of officials of public entities
24‑75‑601.5
Liability for sale of unlawful investments to public entities
24‑75‑602
Bonds of housing authority as legal investments
24‑75‑603
Depositories
24‑75‑604
Investments in bonds issued by member institutions of the farm credit system
24‑75‑605
Legal investments - cities of twenty-five thousand or more population - limitation in class of investments
24‑75‑701
Definitions
24‑75‑702
Local governments - authority to pool surplus funds
24‑75‑703
Local government investment pooling - trust method - resolution - filing requirements
24‑75‑704
Investments - limitations
24‑75‑705
Board of trustees - duties - liabilities
24‑75‑706
Custodian - location - unlawful activities
24‑75‑707
Investment adviser - duties - unlawful activities
24‑75‑708
Administrator - duties - unlawful activities
24‑75‑709
Administration and enforcement
24‑75‑901
Short title
24‑75‑902
Legislative declaration
24‑75‑903
Definitions
24‑75‑904
Computations
24‑75‑905
Authority to issue and sell notes
24‑75‑906
Limitation on amount of notes
24‑75‑907
Form and terms of notes
24‑75‑908
Execution of notes
24‑75‑909
Manner of sale of notes
24‑75‑910
Investment or deposit of proceeds - income therefrom
24‑75‑911
No debt created
24‑75‑912
Notes as legal investments and eligible collateral
24‑75‑913
Construction with other statutes
24‑75‑914
State auditor - report
24‑75‑915
Saving clause
24‑75‑1001
Higher education fund
24‑75‑1101
Legislative declaration
24‑75‑1102
Definitions
24‑75‑1103
Policy on use of tobacco settlement funds
24‑75‑1104.5
Use of settlement money - programs - repeal
24‑75‑1107
Loss of disputed payments - authorization for transfers to tobacco litigation settlement cash fund
24‑75‑1301
Definitions
24‑75‑1302
State agencies - information obtained with grants
24‑75‑1303
Report to general assembly
24‑75‑1305
Programs or services reliant on grants - statutory reauthorization of program
24‑75‑1401
Indirect costs excess recovery fund - creation - departmental accounts - use of fund - definitions - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 24-75-703’s source at colorado​.gov