§ 36-1-153 — Investment and development fund

(1) There is hereby created
the state board of land commissioners investment and development fund, referred
to in this section as the fund. The fund shall consist of moneys credited to the
fund pursuant to section 36-1-116 (1)(b)(II). Any balance in the fund at the close of a
fiscal year and any interest earned on moneys in the fund shall remain in the fund
and shall not revert to the permanent school fund. The fund is to be under the
control of and to be administered by the state board of land commissioners. Moneys
in the fund shall be continuously appropriated to the state board for the purposes
set forth in this section.

(2) (a) Money in the fund shall be used at the discretion of the state board of
land commissioners to hire staff, contract for services, make purchases, make
annual payments on any financed purchase of an asset or certificate of
participation agreements the state board instructed the state treasurer to enter
into as allowed in section 36-1-118.5, and take such other actions as the state board
deems appropriate to provide for the development of additional value-added
benefit for the state's trust lands, including both portfolio enhancement and
additional income. Such actions may include, but are not limited to, the rezoning,
platting, master planning, or other development activities that increase the value of
or rate of return from the state's trust lands. The state board of land commissioners
may also use up to one million dollars per fiscal year of the money in the fund for
asset maintenance, including, but not limited to, upkeep and replacement of
buildings, agricultural sprinklers, fences, windmills, and water wells.

(b) The state board of land commissioners shall notify the state treasurer in
writing of the amount that needs to be transferred from the investment and
development fund to the state board of land commissioners financed fund created
in section 36-1-118.5 (7), and no later than thirty days after receipt of such
notification, the state treasurer shall transfer such sum to the state board of land
commissioners financed fund created in section 36-1-118.5 (7).

(3) The controller shall authorize disbursements from the fund as directed by
the state board of land commissioners on receipt of a voucher from the state board
stating that the disbursement is to accomplish a purpose set forth in this section.

(4) On or before November 1, 2011, and on or before each November 1
thereafter, the state board of land commissioners shall deliver information on the
portfolio enhancement and additional income generated as a result of this section,
including information detailing the use of the fund for asset maintenance, as
specified in section 36-1-102 (8). Each report shall include estimates of the increase
in portfolio enhancement and income for the then-current fiscal year and the five
succeeding state fiscal years.

(5) and (6) Repealed.

Legislative History

Source: L. 2005: Entire section added, p. 537, � 2, effective May 24. L. 2009: (5) and (6) repealed, (SB 09-022), ch. 246, p. 1111, � 4, effective May 14. L. 2011: (4) amended, (SB 11-029), ch. 51, p. 133, � 2, effective August 10. L. 2013: (2) amended, (HB 13-1274), ch. 376, p. 2215, � 5, effective June 5. L. 2015: (2)(a) and (4) amended, (HB 15-1245), ch. 97, p. 277, � 2, effective April 13. L. 2021: (2) amended, (HB 21-1316), ch. 325, p. 2061, �75, effective July 1.