Vermont § 5384 - Payment to treasurer; record; investment

§ 5384. Payment to treasurer; record; investment

• (a) Unless otherwise directed by the donor, all monies received by a town for cemetery
  purposes shall be paid to the town treasurer, who shall give a receipt for monies
  received, which shall be recorded in the office of the town clerk in a book kept for
  that purpose. The book shall also state the amount received from each donor, the time
  when, and the specific purpose for which it is appropriated. (b)(1) All monies so received by the town may be invested and reinvested by the treasurer,
  with the approval of the selectboard, by deposit in: (A) certificates of deposit and other evidences of deposit at Vermont, national, or federal
  chartered banks, and savings and loan associations that are guaranteed or insured
  by the Federal Deposit Insurance Corporation or its successor; (B) obligations of the United States, its agencies, and instrumentalities, which have
  a liquid market with readily determinable market value; (C) investment-grade obligations of state or local governments, instrumentalities, and
  public authorities; and (D) the shares of an investment company or an investment trust, such as a mutual fund,
  closed-end fund, or unit investment trust, that is registered under the federal Investment
  Company Act of 1940, as amended, if such fund has been in operation for at least five
  years and has net assets of at least $100,000,000.00. (2)(A) However, in a town that elects trustees of public funds, cemetery funds shall be invested
  by the trustees in any of the securities enumerated in this section, and the income
  thereof paid to the proper officers as the same falls due. (B) Investment income shall be expended for the purpose and in the manner designated by
  the donor. The provisions of this section as to future investments shall not require
  the liquidation or disposition of securities legally acquired and held. (3) The treasurer, selectboard, or trustees of public funds may delegate management and
  investment of town cemetery funds to the extent that it is prudent under the terms
  of the trust or endowment, and in accordance with section 3415 (delegation of management
  and investment functions) of the Uniform Prudent Management of Institutional Funds
  Act, 14 V.S.A. chapter 120. Notwithstanding the limitations on investments set forth
  in this subsection, an agent exercising a delegated management or investment function,
  if investing, shall invest cemetery funds in a publicly traded security that is: (A) registered with the Securities and Exchange Commission pursuant to 15 U.S.C. § 78l and listed on a national securities exchange; (B) issued by an investment company registered pursuant to 15 U.S.C. § 80a-8; (C) a corporate bond registered as an offering with the Securities and Exchange Commission
  pursuant to 15 U.S.C. § 78l and issued by an entity whose stock is a publicly traded security; (D) a municipal security; (E) a deposit in federally insured financial institutions as defined in 8 V.S.A. § 11101(32); or (F) a security issued, insured, or guaranteed by the United States. (4) If the municipality has adopted an investment policy, the treasurer, selectboard,
  or trustees of public funds shall invest in accordance with the provisions of the
  municipal policy that do not conflict with this section. (Amended 2017, No. 26, § 1; 2017, No. 123 (Adj. Sess.), § 3, eff. May 3, 2018; 2021, No. 84 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 178, eff. July 1, 2023.)