LD 1819
pg. 1
LD 1819 Title Page An Act Regarding the Use of Excess Funds in the State Treasury Page 2 of 3
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LR 2476
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, action is necessary to allow the Treasurer of State to
advance funds to other departments and agencies that need to
start capital projects; and

 
Whereas, if action is not taken before the start of the next
fiscal year, these departments and agencies may have to issue 2nd
bond anticipation notes; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §135, first ¶, as amended by PL 1995, c. 368, Pt. ZZ,
§1, is further amended to read:

 
The Treasurer of State may deposit the money, including trust
funds of the State, in any of the banking institutions or trust
companies or state or federal savings and loan associations or
mutual savings banks organized under the laws of this State or in
any national bank or banks or state or federal savings and loan
associations located in the State, except as provided in chapter
161. Before making a deposit, the Treasurer of State must
consider the rating of the banking institution, trust company,
state or federal savings and loan association or mutual savings
bank on its most recent assessment conducted pursuant to the
federal Community Reinvestment Act, 12 United States Code,
Section 2901. When there is excess money in the State Treasury
that is not needed to meet current obligations, the Treasurer of
State may invest, with the concurrence of the State Controller or
the Commissioner of Administrative and Financial Services and
with the consent of the Governor, those amounts in bonds, notes,
certificates of indebtedness or other obligations of the United
States and its agencies that mature not more than 24 months from
the date of investment or in repurchase agreements secured by
obligations of the United States and its agencies that mature
within the succeeding 24 months, prime commercial paper, tax-
exempt obligations, banker's acceptances or shares of an
investment company registered under the federal Investment
Company Act of 1940, whose shares are registered under the United
States Securities Act of 1933, only if the investments of the
investment company are limited to obligations of the United
States or any agency or instrumentality, corporate or otherwise,


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