South Dakota Codified Laws
Chapter 05 - Custody And Investment Of State Funds
Section 4-5-27 - Prudent-person standard required in investments.

4-5-27. Prudent-person standard required in investments.
Any investments under the provisions of §§4-5-12 to 4-5-39, inclusive, shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Source: SL 1971, ch 27, §21; SL 1985, ch 15, §18.

Structure South Dakota Codified Laws

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 4-5-4.1 - Limitation of warrants on institutions' funds--Diversion of other funds prohibited--Proration of income.

Section 4-5-5 - Investment of political subdivision funds--Funds subject to provisions.

Section 4-5-6 - Investment in securities of or guaranteed by United States, repurchase agreements, or shares of registered investment companies.

Section 4-5-6.1 - Investment of public funds not needed for current operating expenses--Conditions.

Section 4-5-6.2 - Investment in direct obligations of county, municipality, or school district or in bonds issued by state authority.

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 - Investment officer authorized to make transactions--Duty to protect state interests.

Section 4-5-29.1 - Health care trust fund--Investment officer to calculate amount eligible for distribution--Transfer to state general fund.

Section 4-5-29.2 - Education enhancement trust fund--Calculation of amount eligible for distribution--Transfer to general fund--Postsecondary scholarship grant programs.

Section 4-5-29.3 - Indemnity provision--Authorization.

Section 4-5-30 - Pooling of cash accounts--Certification by Appropriations Committee--Prorating of income--Transfer of money to investment council expense account.

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 4-5-34 - Proceedings to collect principal or interest on investments--Refunding of securities held.

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 4-5-39 - Short title.

Section 4-5-40 - Agreement to purchase general obligation funding bonds--Certification and approval required--Bonds to bear interest, mature, etc.

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 4-5-48 - Definition of terms related to investments in companies liable under Iran Sanctions Act.

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 4-5-54 - Acquisition of securities in companies with scrutinized business operations prohibited.

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.

Section 4-5-60 - Construction with other state law.