N.H. Rev. Stat. § 197:23-a

Current through the 2024 Legislative

Section 197:23-a - Treasurer's Duties

I. The treasurer shall have custody of all moneys belonging to the district and shall pay out the same only upon orders of the school board or upon orders of the 2 or more members of the school board empowered by the school board as a whole to authorize payments. The treasurer shall deposit the moneys in participation units in the public deposit investment pool established pursuant to RSA 6:45 , or in federally insured banks authorized to accept deposits under RSA 6:8, I and I-a. In addition, funds may be deposited in banks outside the state if such banks pledge and deliver to a third party custodial bank or the regional federal reserve bank collateral security for such deposits of the following types:

(a) United States government obligations,

(b) United States government agency obligations; or

(c) Obligations of the state of New Hampshire in value at least equal to the amount of the deposit in each case.

II. The amount of collected funds on deposit in any one bank shall not at any time exceed the sum of its paid-up capital and surplus.

III. The treasurer shall keep in suitable books provided for the purpose a fair and correct account of all sums received into and paid from the district treasury, and of all notes given by the district, with the particulars thereof. At the close of each fiscal year, the treasurer shall make a report to the district, giving a particular account of all of the treasurer's financial transactions during the year. The treasurer shall furnish to the school board statements from the books, and submit the books and vouchers to them and to the auditors for examination, whenever so requested.

IV. Whenever the treasurer has in custody an excess of funds which are not immediately needed for the purpose of expenditure, the treasurer shall, with the approval of the school board, invest the same in participation units in the public deposit investment pool established pursuant to RSA 6:45 , or in deposits, including money market accounts, or certificates of deposit, or repurchase agreements, and all other types of interest bearing accounts, of federally insured banks authorized to accept deposits under RSA 6:8, I and I-a and in obligations fully guaranteed as to principal and interest by the United States government. The obligations may be held directly or in the form of securities of or other interests in any open-end or closed-end management-type investment company or investment trust registered under 15 U.S.C. section 80a-1 et seq., if the portfolio of the investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations. Any person who directly or indirectly receives any such funds for deposit or for investment in securities of any kind shall, prior to acceptance of such funds, make available at the time of such deposit or investment an option to have such funds secured by collateral having a value at least equal to the amount of such funds. Such collateral shall be segregated for the exclusive benefit of the district. Only securities defined by the bank commissioner as provided by rules adopted pursuant to RSA 383-B:3-301(e) shall be eligible to be pledged as collateral. At least yearly, the school board shall review and adopt an investment policy for the investment of public funds in conformance with the provisions of applicable statutes.

V. As an alternative to the option of collateralization for excess funds provided in paragraph IV, the treasurer may also invest public funds in interest-bearing deposits which meet all of the following conditions:

(a) The funds are initially invested through a federally insured bank authorized to accept deposits under RSA 6:8, I and I-a selected by the treasurer.

(b) The selected bank arranges for the redeposit of funds which exceed the federal deposit insurance limitation of the selected bank in deposits in one or more federally insured financial institutions located in the United States, for the account of the treasurer.

(c) The full amount of principal and any accrued interest of each such deposit is covered by federal deposit insurance.

(d) The selected bank acts as custodian with respect to each such deposit for the account of the treasurer.

(e) On the same date that the funds are redeposited by the selected bank, the selected bank receives an amount of deposits from customers of other federally insured financial institutions equal to or greater than the amount of the funds initially invested through the selected bank by the treasurer.

RSA 197:23-a

Amended by 2023, 36:2, eff. 7/16/2023.

Amended by 2021 , 65: §§21, 22 eff. 8/3/2021.

Amended by 2021 , 65: 20, eff. 8/3/2021.

Amended by 2015 , 272: 45, eff. 10/1/2015.

Amended by 2013 , 97: 5, eff. 8/19/2013.

1887, 105:8. PS 90:21. 1921, 85, V:22. PL 120 :20. RL 139:22. RSA 197:23 . 1963, 87:1. 1973, 490:4. 1979, 161:1. 1991, 268:12; 383:7. 1996, 209:12. 1997, 208:13; 319:10. 1998, 40:4. 2007, 347 : 4 , eff. Sept. 14, 2007. 2008, 120 : 21 , eff. Aug. 2, 2008. 2010, 7 : 5 , eff. July 3, 2010. 2013, 97 : 5 , eff. Aug. 19, 2013. 2015, 272 : 45 , eff. Oct. 1, 2015. 2021, 65 : 20 -22, eff. Aug. 3, 2021.