Notwithstanding any provision of law to the contrary, the board of directors of joint agencies or persons authorized to make investment decisions on behalf of joint agencies investing public funds are considered to be trustees and subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds of a joint agency, the primary objective of a trustee is to safeguard the principal of the funds under its control. The secondary objective is to meet the liquidity needs of the joint agency. The third objective is to achieve a return on the funds under its control. Monies of joint agencies not required for the immediate necessities of the joint agency may be invested and reinvested in securities and other investments as the board of directors of joint agencies shall determine in accordance with the objectives enumerated above. The securities and other investments which may be used by the trustee is to be listed in a formal, written investment policy approved by the board of directors of joint agencies.
HISTORY: 1978 Act No. 473, Section 18; 1996 Act No. 358, Section 6.
Structure South Carolina Code of Laws
Chapter 23 - Joint Municipal Electric Power And Energy Act
Section 6-23-30. Planning, construction, and ownership of electric distribution facilities.
Section 6-23-50. Formation of joint agency; certificate as proof of existence.
Section 6-23-60. Filing of petition prior to acquisition of project; action by Commission; appeal.
Section 6-23-80. Executive committee.
Section 6-23-90. Rights and powers of joint agency.
Section 6-23-130. Issuance of bonds authorized.
Section 6-23-150. Trust agreements.
Section 6-23-160. Rents, rates, fees and charges; validity and lien of pledge.
Section 6-23-170. Investment of moneys pending disbursement.
Section 6-23-180. Legal action by bond holder and trustee.
Section 6-23-190. Bonds and interest coupons designated investment securities.
Section 6-23-200. Investment in bonds lawful.
Section 6-23-210. Bonds to be special obligations; payment thereof.
Section 6-23-220. Issuance of refunding bonds authorized.
Section 6-23-230. Bonds tax exempt.
Section 6-23-235. Applicability of franchise and permit requirements.
Section 6-23-240. Certification required.
Section 6-23-250. Projects and power as subject to taxation.
Section 6-23-260. Rights and privileges of personnel.
Section 6-23-270. Annual reports; audits.
Section 6-23-280. Participation of joint agency in grant-in-aid and loan programs.
Section 6-23-290. Eminent domain.
Section 6-23-300. Immunity of directors, officers and their agents.
Section 6-23-310. Immunity of joint agencies waived and withdrawn.
Section 6-23-320. Powers cumulative; bonds for financing private facilities not authorized.
Section 6-23-330. Liberal construction; savings clause.
Section 6-23-340. Legal and binding effect of existing contracts.