BILL NUMBER: SB 1493 CHAPTERED 07/21/00 CHAPTER 168 FILED WITH SECRETARY OF STATE JULY 21, 2000 APPROVED BY GOVERNOR JULY 21, 2000 PASSED THE SENATE JULY 6, 2000 PASSED THE ASSEMBLY JUNE 29, 2000 AMENDED IN ASSEMBLY JUNE 19, 2000 AMENDED IN ASSEMBLY JUNE 8, 2000 INTRODUCED BY Senator Lewis FEBRUARY 11, 2000 An act to amend Section 53684 of the Government Code, relating to local agency funds. LEGISLATIVE COUNSEL'S DIGEST SB 1493, Lewis. Local agency funds. Existing law requires the county treasurer to apportion and distribute quarterly any interest or increment derived from the investment of funds in the county treasury by any other local agency in an amount proportionate to the average daily balance of the amounts deposited by the local agency. This bill would require that apportionment to be made at least quarterly and additionally require the amount apportioned and distributed to be proportionate to the total average daily balance of deposits in the investment pool. The bill would also require the county treasurer to disclose to investing local agencies the accounting method used and to notify them of any proposed changes in the accounting method at least 30 days prior to the date on which the proposed changes take effect. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 53684 of the Government Code is amended to read: 53684. (a) Unless otherwise provided by law, if the treasurer of any local agency, or other official responsible for the funds of the local agency, determines that the local agency has excess funds which are not required for immediate use, the treasurer or other official may, upon the adoption of a resolution by the legislative or governing body of the local agency authorizing the investment of funds pursuant to this section and with the consent of the county treasurer, deposit the excess funds in the county treasury for the purpose of investment by the county treasurer pursuant to Section 53601 or 53635. (b) The county treasurer shall, at least quarterly, apportion any interest or other increment derived from the investment of funds pursuant to this section in an amount proportionate to the average daily balance of the amounts deposited by the local agency and to the total average daily balance of deposits in the investment pool. In apportioning and distributing that interest or increment, the county treasurer may use the cash method, the accrual method, or any other method in accordance with generally accepted accounting principles. Prior to distributing that interest or increment, the county treasurer may deduct the actual costs incurred by the county in administering this section in proportion to the average daily balance of the amounts deposited by the local agency and to the total average daily balance of deposits in the investment pool. (c) The county treasurer shall disclose to each local agency that invests funds pursuant to this section the method of accounting used, whether cash, accrual, or other, and shall notify each local agency of any proposed changes in the accounting method at least 30 days prior to the date on which the proposed changes take effect. (d) The treasurer or other official responsible for the funds of the local agency may withdraw the funds of the local agency pursuant to the procedure specified in Section 27136. (e) Any moneys deposited in the county treasury for investment pursuant to this section are not subject to impoundment or seizure by any county official or agency while the funds are so deposited. (f) This section is not operative in any county until the board of supervisors of the county, by majority vote, adopts a resolution making this section operative in the county. (g) It is the intent of the Legislature in enacting this section to provide an alternative procedure to Section 51301 for local agencies to deposit money in the county treasury for investment purposes. Nothing in this section shall, therefore, be construed as a limitation on the authority of a county and a city to contract for the county treasurer to perform treasury functions for a city pursuant to Section 51301.