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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 579 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to investments; amending 62 O.S.
7 2021, Section 89.2, which relates to investments of
8 public funds; prohibiting public funds from being
8 used for investments or obligations associated with
9 Chinese government and entities; prohibiting certain
9 retirement systems from investing with Chinese
10 government and entities; updating statutory language;
10 updating statutory references; providing for
11 codification; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 62 O.S. 2021, Section 89.2, is
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16 amended to read as follows:
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17 Section 89.2. A. The State Treasurer is directed to invest the
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18 maximum amount of funds under control of the State Treasurer
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19 consistent with good business practices. Except as otherwise
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20 provided for by law, the investments shall earn not less than the
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21 rate for comparable maturities on United States Treasury
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22 obligations. Except as otherwise provided for by law, the State
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23 Treasurer may purchase and invest only in:
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Req. No. 1081 Page 1
1 1. Obligations of the United States Government government, its
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2 agencies and instrumentalities, or other obligations fully insured
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3 or unconditionally guaranteed as to the payment of principal and
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4 interest by the United States government or any of its agencies and
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5 instrumentalities;
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6 2. Collateralized or insured certificates of deposit and other
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7 evidences of deposit at banks, savings banks, savings and loan
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8 associations and credit unions located in this state;
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9 3. Negotiable certificates of deposit issued by a nationally or
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10 state-chartered bank, a savings bank, a savings and loan association
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11 or a state-licensed branch of a foreign bank. Purchases of
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12 negotiable certificates of deposit shall not exceed ten percent
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13 (10%) of the cash available for investment which may be invested
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14 pursuant to this section. Not more than one-half (1/2) of the ten
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15 percent (10%) limit shall be invested in any one financial
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16 institution specified in this paragraph;
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17 4. Prime banker's acceptances which are eligible for purchase
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18 by the Federal Reserve System and which do not exceed two hundred
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19 seventy (270) days' maturity. Purchases of prime banker's
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20 acceptances shall not exceed ten percent (10%) of the cash available
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21 for investment which may be invested pursuant to this section. Not
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22 more than three-fourths (3/4) of the ten percent (10%) limit shall
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23 be invested in any one commercial bank pursuant to this paragraph;
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1 5. Prime commercial paper which shall not have a maturity that
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2 exceeds one hundred eighty (180) days nor represent more than ten
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3 percent (10%) of the outstanding paper of an issuing corporation.
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4 Purchases of prime commercial paper shall not exceed seven and one-
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5 half percent (7 1/2%) of the cash available for investment which may
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6 be invested pursuant to this section;
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7 6. Investment grade obligations of state and local governments,
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8 including obligations of Oklahoma state public trusts which possess
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9 the highest rating from at least one nationally recognized rating
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10 agency acceptable to the State Treasurer. Purchases of investment
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11 grade obligations of state and local governments shall not exceed
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12 ten percent (10%) of the cash available for investment which may be
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13 invested pursuant to this section;
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14 7. Repurchase agreements, provided that such agreements are
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15 included within the written investment policy required by subsection
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16 D E of this section that have underlying collateral consisting of
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17 those items and those restrictions specified in paragraphs 1 through
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18 6 of this subsection;
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19 8. Money market funds and short term bond funds regulated by
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20 the Securities and Exchange Commission and which investments consist
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21 of those items and those restrictions specified in paragraphs 1
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22 through 7 of this subsection; and
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23 9. Bonds, notes, debentures or other similar obligations of a
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24 foreign government which the International Monetary Fund lists as an
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Req. No. 1081 Page 3
1 industrialized country and for which the full faith and credit of
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2 such nation has been pledged for the payment of principal and
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3 interest; provided, that any such security shall be rated at least
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4 A- or better by Standard & Poor's Corporation S&P Global or A3 or
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5 better by Moody's Investors Service, or an equivalent investment
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6 grade by a securities ratings organization accepted by the National
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7 Association of Insurance Commissioners; and provided further, that
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8 the total investment in such foreign securities at any one time
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9 shall not exceed five percent (5%) of the cash available for
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10 investment which may be invested pursuant to this section. In no
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11 circumstance shall investments be made in bonds, notes, debentures
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12 or any similar obligations of a foreign government that:
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13 a. is identified as a state sponsor of terrorism by the
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14 United States Department of State, or
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15 b. any authoritarian or totalitarian government the
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16 sovereign powers of which are exercised through a
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17 single person or group of persons who are not elected
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18 by any form of legitimate popular voting.
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19 B. No investments, commercial paper, bonds, notes, debentures,
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20 or other similar obligations shall be made that are associated with
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21 any entity owned or controlled by the government of China, any
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22 political subdivision of China, or any corporation that is
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23 headquartered in China or whose principal operations are located in
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24 China.
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1 C. Investments shall be made with judgment and care, under
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2 circumstances then prevailing, which persons of prudence, discretion
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3 and intelligence exercise in the management of their own affairs,
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4 not for speculation, but for investment, considering the probable
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5 safety of their capital as well as the probable income to be
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6 derived.
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7 C. D. The State Treasurer shall appoint an investment officer
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8 who shall perform duties related to the investment of state funds in
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9 the Office of the State Treasurer. The investment officer shall not
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10 perform or supervise any accounting functions, data processing
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11 functions or duties related to the documentation or settlement of
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12 investment transactions.
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13 D. E. Investments of public funds by the State Treasurer shall
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14 be made in accordance with written policies developed by the State
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15 Treasurer. The written investment policies shall address:
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16 1. Liquidity;
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17 2. Diversification;
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18 3. Safety of principal;
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19 4. Yield;
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20 5. Maturity and quality; and
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21 6. Capability of investment management.
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22 The State Treasurer shall place primary emphasis on safety and
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23 liquidity in the investment of public funds. To the extent
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24 practicable, taking into account the need to use sound investment
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1 judgment, the written investment policies shall include provision
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2 for utilization of a system of competitive bidding in the investment
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3 of state funds. The written investment policies shall be designed
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4 to maximize yield within each class of investment instrument,
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5 consistent with the safety of the funds invested.
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6 E. F. The State Treasurer shall select one custodial bank to
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7 settle transactions involving the investment of state funds under
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8 the control of the State Treasurer. The State Treasurer shall
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9 review the performance of the custodial bank at least once every
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10 year. The State Treasurer shall require a written competitive bid
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11 every five (5) years. The custodial bank shall have a minimum of
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12 Five Hundred Million Dollars ($500,000,000.00) in assets to be
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13 eligible for selection. Any out-of-state custodial bank shall have
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14 a service agent in the State of Oklahoma this state so that service
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15 of summons or legal notice may be had on such designated agent as is
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16 now or may hereafter be provided by law. In order to be eligible
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17 for selection, the custodial bank shall allow electronic access to
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18 all transaction and portfolio reports maintained by the custodial
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19 bank involving the investment of state funds under control of the
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20 State Treasurer. The access shall be given to both the State
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21 Treasurer and to the Cash Management and Investment Oversight
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22 Commission. The requirement for electronic access shall be
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23 incorporated into any contract between the State Treasurer and the
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24 custodial bank. Neither the State Treasurer nor the custodial bank
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Req. No. 1081 Page 6
1 shall permit any of the funds under the control of the State
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2 Treasurer or any of the documents, instruments, securities or other
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3 evidence of a right to be paid money to be located in any place
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4 other than within a jurisdiction or territory under the control or
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5 regulatory power of the United States Government government.
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6 F. G. The investment policy shall specify the general
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7 philosophy, policies and procedures to be followed in the investment
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8 of state monies by the State Treasurer. The investment policy shall
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9 include, but not be limited to, the following:
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10 1. Policy objectives;
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11 2. Performance measure objectives;
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12 3. Authority for investment program;
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13 4. Possible use of an investment advisory committee;
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14 5. Reporting and documentation of investments;
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15 6. Authorized investment instruments;
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16 7. Diversification of investment risk;
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17 8. Maturity limitations;
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18 9. Selections of financial institutions;
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19 10. Interest controls;
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20 11. Safekeeping of investments;
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21 12. Investment ethics; and
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22 13. Formal adoption of policy.
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23 G. H. The State Treasurer shall provide weekly reports of all
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24 investments made by the State Treasurer if requested by the Cash
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1 Management and Investment Oversight Commission, and list any
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2 commissions, fees or payments made for services regarding such
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3 investments. The reports required by this subsection shall be
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4 delivered to the Commission within three (3) business days of the
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5 end of the applicable week.
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6 H. I. Not later than July 1 of each year, the State Treasurer
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7 shall forward a copy of the written investment policy to the
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8 Governor, the Speaker of the House of Representatives, the President
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9 Pro Tempore of the Senate, the Attorney General, the Bank
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10 Commissioner, and the Director of the Office of Management and
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11 Enterprise Services. In addition, the State Treasurer shall
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12 maintain one copy of the investment policy in the office of the
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13 State Treasurer for public inspection during regular business hours.
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14 Copies of any modifications to the investment policy shall be
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15 forwarded to the Governor, Speaker of the House of Representatives,
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16 President Pro Tempore of the Senate, and each member of the Cash
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17 Management and Investment Oversight Commission.
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18 SECTION 2. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 945 of Title 74, unless there is
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20 created a duplication in numbering, reads as follows:
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21 No investments, commercial paper, bonds, notes, debentures, or
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22 other similar obligations shall be made by the Oklahoma Firefighters
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23 Pension and Retirement System, the Oklahoma Police Pension and
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24 Retirement System, the Uniform Retirement System for Justices and
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Req. No. 1081 Page 8
1 Judges, the Oklahoma Law Enforcement Retirement System, the
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2 Teachers' Retirement System of Oklahoma, the Oklahoma Public
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3 Employees Retirement System, and the retirement plan adopted by the
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4 Oklahoma Wildlife Conservation Commission that are associated with
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5 any entity owned or controlled by the government of China, any
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6 political subdivision of China, or any corporation that is
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7 headquartered in China or whose principal operations are located in
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8 China.
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9 SECTION 3. This act shall become effective November 1, 2025.
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11 60-1-1081 QD 1/19/2025 5:39:07 AM
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Req. No. 1081 Page 9Every fact on this page links to its source, starting with the official bill record.