79-1043. School funds; investment; interest; repurchase agreements; securities; how held.

(1) Any school district may, by and with the consent of the school board or board of education of the school district, invest the funds of the school district in securities the nature of which individuals of prudence, discretion, and intelligence acquire or retain in dealing with the property of another. Every school district having invested in such securities shall deliver the same as funds of the office. The interest received on any investments authorized by this section shall be credited to the fund from which the money was taken to make the investment.

(2) The securities referred to in subsection (1) of this section may be invested in through repurchase agreements. Each repurchase agreement shall require that the items purchased through the repurchase agreement be subject to repurchase from the school district upon demand by the treasurer of the school district. No such repurchase agreement shall be entered into until the treasurer of the school district who proposes to enter into the repurchase agreement has received a perfected security interest in the securities as collateral for their prompt repurchase.

(3) All securities referred to in this section or in the Class V School Employees Retirement Act may be held and evidenced by book entry account rather than through the holding and retaining of original certificates, indentures, or governing instruments for such securities.

Source:Laws 1957, c. 360, § 1, p. 1219; Laws 1971, LB 291, § 1; Laws 1987, LB 30, § 1; Laws 1989, LB 379, § 1; Laws 1994, LB 1310, § 12; R.S.1943, (1994), § 79-1308.01; Laws 1996, LB 900, § 689; Laws 1998, LB 497, § 28.

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