4-5-26. Classes of investments approved.
State public funds made available for investment may be invested in the following classes of securities and investments and, except as provided by §3-12C-223; chapter 3-13; chapter 13-63; the permanent school and other educational and charitable trust funds as provided in S.D. Const., Art. VIII, §§2 and 7; the permanent trust fund containing the net proceeds from the sale of state cement enterprises as provided in S.D. Const., Art. XIII, §20; the health care trust fund as provided in S.D. Const., Art. XII, §5; and the education enhancement trust fund as provided in S.D. Const., Art. XII, §6; not otherwise:
(1)Direct and indirect obligations of the United States government;
(2)Agencies and instrumentalities of the United States government;
(3)Mortgage-backed securities of United States government-sponsored enterprises;
(4)Direct obligations of the State of South Dakota and any of its political subdivisions;
(5)Obligations consisting of notes, bonds, debentures, and certificates which are direct obligations of a solvent corporation or trust existing under the laws of the United States or any state thereof, if such investments are rated in the four highest classifications established by at least two standard rating services at the time of purchase;
(6)Savings accounts, share accounts, certificates of deposit of banks, savings and loan associations, building and loan associations, and bankers' acceptances;
(7)Repurchase agreements fully collateralized by securities described in this section;
(8)Shares in exchange-traded funds and open-end, no-load funds that are administered by an investment company registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933 and investments are predominantly in securities described in this section; or
(9)In addition to the investments authorized by subdivisions (1) to (8) of this section, inclusive, the investment council may also allocate a sum certain of state public funds for investment in the accounts and certificates of South Dakota banks and associations. This sum shall initially be offered to South Dakota banks and associations, and if not initially fully subscribed, the investment officer shall immediately reoffer the unsubscribed sum to other qualified public depositories defined by subdivision 4-6A-1(7).
Source: SL 1971, ch 27, §20; SL 1977, ch 36; SL 1986, ch 43; SL 1993, ch 49; SL 2000, ch 27, §3; SL 2001, ch 24, §1; SL 2001, ch 25, §2; SL 2001, ch 26, §2; SL 2002, ch 26, §§2, 4; SL 2015, ch 34, §1; SL 2022, ch 17, §1.
Structure South Dakota Codified Laws
Title 4 - Public Fiscal Administration
Chapter 05 - Custody And Investment Of State Funds
Section 4-5-1 - State treasurer not to profit from use of funds--Felony--Civil liability.
Section 4-5-2 - Incidental funds established for state institutions--Initial warrant.
Section 4-5-3 - Purposes for which institution incidental funds may be used.
Section 4-5-4 - Accounting for disbursements and reimbursement of institution incidental funds.
Section 4-5-5 - Investment of political subdivision funds--Funds subject to provisions.
Section 4-5-6.1 - Investment of public funds not needed for current operating expenses--Conditions.
Section 4-5-8 - Investment policies for local funds determined by governing board.
Section 4-5-9 - Custody or deposit of investments--Exception--Credit of interest earned.
Section 4-5-10 - Application for redemption of securities.
Section 4-5-11 - Supplemental authority for investment of public funds.
Section 4-5-12 - State Investment Council continued.
Section 4-5-12.1 - Regulations and reports provided to state treasurer.
Section 4-5-13 - Appointment and terms of investment council members.
Section 4-5-14 - Council members--Qualifications--Restrictions.
Section 4-5-14.1 - Exceptions to §4-5-14.
Section 4-5-16 - Removal of council member from office--Filling of vacancies.
Section 4-5-17 - Election of chairman.
Section 4-5-18 - Division of investment continued--Immediate supervision.
Section 4-5-19 - Appointment of state investment officer--Removal--Qualifications.
Section 4-5-20 - Investment officer to devote full time--Salary.
Section 4-5-21 - State employees' blanket bond coverage--Premium.
Section 4-5-22 - Annual budget for division--Appointment of employees.
Section 4-5-25 - Monthly reports to investment officer of state transactions.
Section 4-5-26 - Classes of investments approved.
Section 4-5-27 - Prudent-person standard required in investments.
Section 4-5-28 - Policy regulations and restrictions formulated by council.
Section 4-5-29.3 - Indemnity provision--Authorization.
Section 4-5-31 - Physical custody of securities purchased--Deposit with fiscal agent.
Section 4-5-32 - Monthly report to investment council--Contents--Public inspection.
Section 4-5-33 - Meetings of investment council--Access to records--Inspection and review.
Section 4-5-35 - Post-audit of investment transactions--Annual report of auditor-general.
Section 4-5-36 - Reports to Legislature by investment council.
Section 4-5-37 - Conflicts with other laws.
Section 4-5-38 - Severability of provisions.
Section 4-5-41 - School district eligibility--Determination and certification.
Section 4-5-42 - Prudent investment defined--Liability.
Section 4-5-43 - Obligation to purchase--Enforceability.
Section 4-5-44 - Cost of participation.
Section 4-5-47 - Investment of trust fund containing proceeds from sale of state cement enterprises.
Section 4-5-49 - Identification of holdings in scrutinized companies.
Section 4-5-50 - List of scrutinized companies.
Section 4-5-51 - Updating scrutinized companies list.
Section 4-5-52 - Procedures with respect to companies on scrutinized companies list.
Section 4-5-53 - Divestiture of securities in companies with scrutinized business operations.
Section 4-5-55 - Exemption from divestiture requirements.
Section 4-5-56 - Inapplicability to certain investments.
Section 4-5-57 - Indirect holdings in actively managed investment funds.
Section 4-5-58 - Report to Legislative Research Council Executive Board.
Section 4-5-59 - Circumstances under which §§4-5-48 to 4-5-60, inclusive, become inoperative.