Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 144 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 144 | |
5 | - | (Senate Bill 776) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0776* | |
8 | 9 | ||
9 | - | State Investment Portfolio and Local Government Investment Guidelines – | |
10 | - | Investment Standards | |
10 | + | SENATE BILL 776 | |
11 | + | P1 EMERGENCY BILL 4lr3379 | |
12 | + | CF HB 846 | |
13 | + | By: The President (By Request – State Treasurer) | |
14 | + | Introduced and read first time: February 1, 2024 | |
15 | + | Assigned to: Budget and Taxation | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: February 17, 2024 | |
11 | 19 | ||
12 | - | FOR the purpose of requiring the Treasurer to consult with governmental entities prior to | |
13 | - | proposing certain regulations; repealing the limitations on investment in certain | |
14 | - | assets in which the Treasurer may invest or reinvest certain unexpended or surplus | |
15 | - | funds; requiring the Treasurer to adopt regulations that specify asset classes in | |
16 | - | which the Treasurer may invest; requiring the Treasurer to notify governing bodies | |
17 | - | of certain local governmental units entities about certain updates to certain | |
18 | - | investment standards; authorizing the Treasurer to retain investments made prior | |
19 | - | to the effective date of this Act until the investments have reached their respective | |
20 | - | maturity dates; authorizing the Treasurer and governmental entities to invest or | |
21 | - | reinvest certain surplus funds in accordance with certain provisions of law prior to | |
22 | - | the adoption of certain regulations; and generally relating to the Treasurer and | |
23 | - | investment standards. | |
20 | + | CHAPTER ______ | |
24 | 21 | ||
25 | - | BY repealing and reenacting, with amendments, | |
26 | - | Article – Local Government | |
27 | - | Section 17–204 | |
28 | - | Annotated Code of Maryland | |
29 | - | (2013 Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
30 | 23 | ||
31 | - | BY repealing and reenacting, with amendments, | |
32 | - | Article – State Finance and Procurement | |
33 | - | Section 6–222 | |
34 | - | Annotated Code of Maryland | |
35 | - | (2021 Replacement Volume and 2023 Supplement) | |
24 | + | State Investment Portfolio and Local Government Investment Guidelines – 2 | |
25 | + | Investment Standards 3 | |
36 | 26 | ||
37 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
38 | - | That the Laws of Maryland read as follows: | |
27 | + | FOR the purpose of requiring the Treasurer to consult with governmental entities prior to 4 | |
28 | + | proposing certain regulations; repealing the limitations on investment in certain 5 | |
29 | + | assets in which the Treasurer may invest or reinvest certain unexpended or surplus 6 | |
30 | + | funds; requiring the Treasurer to adopt regulations that specify asset classes in 7 | |
31 | + | which the Treasurer may invest; requiring the Treasurer to notify governing bodies 8 | |
32 | + | of certain local governmental units entities about certain updates to certain 9 | |
33 | + | investment standards; authorizing the Treasurer to retain investments made prior 10 | |
34 | + | to the effective date of this Act until the investments have reached their respective 11 | |
35 | + | maturity dates; authorizing the Treasurer and governmental entities to invest or 12 | |
36 | + | reinvest certain surplus funds in accordance with certain provisions of law prior to 13 | |
37 | + | the adoption of certain regulations; and generally relating to the Treasurer and 14 | |
38 | + | investment standards. 15 | |
39 | 39 | ||
40 | - | Article – Local Government | |
40 | + | BY repealing and reenacting, with amendments, 16 | |
41 | + | Article – Local Government 17 | |
42 | + | Section 17–204 18 | |
43 | + | Annotated Code of Maryland 19 | |
44 | + | (2013 Volume and 2023 Supplement) 20 | |
41 | 45 | ||
42 | - | 17–204. | |
46 | + | BY repealing and reenacting, with amendments, 21 | |
47 | + | Article – State Finance and Procurement 22 | |
48 | + | Section 6–222 23 2 SENATE BILL 776 | |
43 | 49 | ||
44 | - | (a) (1) After consulting with the governmental entities, the State Treasurer | |
45 | - | shall adopt by regulation local government investment guidelines to govern the investment | |
46 | - | of public money by the entities in a manner that: | |
47 | 50 | ||
48 | - | [(1)] (I) facilitates sound cash management; Ch. 144 2024 LAWS OF MARYLAND | |
51 | + | Annotated Code of Maryland 1 | |
52 | + | (2021 Replacement Volume and 2023 Supplement) 2 | |
49 | 53 | ||
50 | - | – 2 – | |
54 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
55 | + | That the Laws of Maryland read as follows: 4 | |
51 | 56 | ||
52 | - | ||
57 | + | Article – Local Government 5 | |
53 | 58 | ||
54 | - | ||
59 | + | 17–204. 6 | |
55 | 60 | ||
56 | - | ( | |
57 | - | ||
58 | - | ||
61 | + | (a) (1) After consulting with the governmental entities, the State Treasurer 7 | |
62 | + | shall adopt by regulation local government investment guidelines to govern the investment 8 | |
63 | + | of public money by the entities in a manner that: 9 | |
59 | 64 | ||
60 | - | ( | |
65 | + | [(1)] (I) facilitates sound cash management; 10 | |
61 | 66 | ||
62 | - | ( | |
67 | + | [(2)] (II) protects the public; and 11 | |
63 | 68 | ||
64 | - | (2) include guidance for the prudent investment of public money based on | |
65 | - | cash flow projections, income, liquidity, investment ratings, and risk; | |
69 | + | [(3)] (III) ensures that each entity has access to its public money. 12 | |
66 | 70 | ||
67 | - | (3) require that investments by a county board of education and a county | |
68 | - | board of library trustees comply with the local investment policy of the county; and | |
71 | + | (2) PRIOR TO ADOPTING REG ULATIONS THAT ALTER THE TYPES OF 13 | |
72 | + | INVESTMENTS IN WHICH GOVERNMENTAL ENTITIE S MAY INVEST PUBLIC MONEY, 14 | |
73 | + | THE STATE TREASURER SHALL CONSU LT WITH THE GOVERNME NTAL ENTITIES. 15 | |
69 | 74 | ||
70 | - | ( | |
75 | + | (b) The local government investment guidelines shall: 16 | |
71 | 76 | ||
72 | - | ||
77 | + | (1) specify the types of investments in which public money may be invested; 17 | |
73 | 78 | ||
74 | - | 6–222. | |
79 | + | (2) include guidance for the prudent investment of public money based on 18 | |
80 | + | cash flow projections, income, liquidity, investment ratings, and risk; 19 | |
75 | 81 | ||
76 | - | ( | |
77 | - | ||
82 | + | (3) require that investments by a county board of education and a county 20 | |
83 | + | board of library trustees comply with the local investment policy of the county; and 21 | |
78 | 84 | ||
79 | - | (i) provides financing, advisory services, or other financial services | |
80 | - | to the institution’s member countries to achieve the overall goal of improving living | |
81 | - | standards through sustainable economic growth; and | |
85 | + | (4) prohibit the borrowing of money for the express purpose of investment. 22 | |
82 | 86 | ||
83 | - | (ii) is rated in the highest credit rating category by a nationally | |
84 | - | recognized statistical rating organization. | |
87 | + | Article – State Finance and Procurement 23 | |
85 | 88 | ||
86 | - | ||
89 | + | 6–222. 24 | |
87 | 90 | ||
88 | - | (i) the World Bank; | |
91 | + | (a) [(1) In this section, “supranational issuer” means an international 25 | |
92 | + | development institution that: 26 | |
89 | 93 | ||
90 | - | (ii) the International Finance Corporation; | |
94 | + | (i) provides financing, advisory services, or other financial services 27 | |
95 | + | to the institution’s member countries to achieve the overall goal of improving living 28 | |
96 | + | standards through sustainable economic growth; and 29 SENATE BILL 776 3 | |
91 | 97 | ||
92 | - | (iii) the Inter–American Development Bank; | |
93 | 98 | ||
94 | - | (iv) the African Development Bank; and | |
95 | 99 | ||
96 | - | (v) the Asian Development Bank. WES MOORE, Governor Ch. 144 | |
100 | + | (ii) is rated in the highest credit rating category by a nationally 1 | |
101 | + | recognized statistical rating organization. 2 | |
97 | 102 | ||
98 | - | ||
103 | + | (2) “Supranational issuer” includes: 3 | |
99 | 104 | ||
100 | - | (b)] (1) Subject to paragraph (2) of this subsection, the Treasurer may invest or | |
101 | - | reinvest unexpended or surplus money over which the Treasurer has custody [in: | |
105 | + | (i) the World Bank; 4 | |
102 | 106 | ||
103 | - | (i) an obligation for which the United States has pledged its faith | |
104 | - | and credit for the payment of the principal and interest; | |
107 | + | (ii) the International Finance Corporation; 5 | |
105 | 108 | ||
106 | - | (ii) an obligation that a federal agency or a federal instrumentality | |
107 | - | has issued in accordance with an act of Congress; | |
109 | + | (iii) the Inter–American Development Bank; 6 | |
108 | 110 | ||
109 | - | (iii) an obligation issued and unconditionally guaranteed by a | |
110 | - | supranational issuer denominated in United States dollars and eligible to be sold in the | |
111 | - | United States; | |
111 | + | (iv) the African Development Bank; and 7 | |
112 | 112 | ||
113 | - | (iv) a repurchase agreement collateralized in an amount not less | |
114 | - | than 102% of the principal amount by an obligation of the United States, its agencies or | |
115 | - | instrumentalities, provided the collateral is held by a custodian other than the seller | |
116 | - | designated by the buyer; | |
113 | + | (v) the Asian Development Bank. 8 | |
117 | 114 | ||
118 | - | (v) bankers’ acceptances guaranteed by a financial institution with | |
119 | - | a short–term debt rating in the highest letter and numerical rating by at least one | |
120 | - | nationally recognized statistical rating organization as designated by either the United | |
121 | - | States Securities and Exchange Commission or the Treasurer; | |
115 | + | (b)] (1) Subject to paragraph (2) of this subsection, the Treasurer may invest or 9 | |
116 | + | reinvest unexpended or surplus money over which the Treasurer has custody [in: 10 | |
122 | 117 | ||
123 | - | (vi) with respect to amounts treated by the Internal Revenue Service | |
124 | - | as bond sale proceeds only, bonds, notes, or other obligations of investment grade in the | |
125 | - | highest quality letter and numerical rating by at least one nationally recognized statistical | |
126 | - | rating organization as designated by the United States Securities and Exchange | |
127 | - | Commission issued by or on behalf of this or any other state or any agency, department, | |
128 | - | county, municipal or public corporation, special district, authority, or political subdivision | |
129 | - | thereof, or in any fund or trust that invests only in securities of the type described in this | |
130 | - | item; | |
118 | + | (i) an obligation for which the United States has pledged its faith 11 | |
119 | + | and credit for the payment of the principal and interest; 12 | |
131 | 120 | ||
132 | - | (vii) commercial paper that has received the highest letter and | |
133 | - | numerical rating by at least two nationally recognized statistical rating organizations as | |
134 | - | designated by the United States Securities and Exchange Commission; | |
121 | + | (ii) an obligation that a federal agency or a federal instrumentality 13 | |
122 | + | has issued in accordance with an act of Congress; 14 | |
135 | 123 | ||
136 | - | (viii) money market mutual funds that: | |
124 | + | (iii) an obligation issued and unconditionally guaranteed by a 15 | |
125 | + | supranational issuer denominated in United States dollars and eligible to be sold in the 16 | |
126 | + | United States; 17 | |
137 | 127 | ||
138 | - | 1. are registered with the Securities and Exchange | |
139 | - | Commission under the Investment Company Act of 1940, 15 U.S.C. § 80a–1 et seq., as | |
140 | - | amended; | |
128 | + | (iv) a repurchase agreement collateralized in an amount not less 18 | |
129 | + | than 102% of the principal amount by an obligation of the United States, its agencies or 19 | |
130 | + | instrumentalities, provided the collateral is held by a custodian other than the seller 20 | |
131 | + | designated by the buyer; 21 | |
141 | 132 | ||
142 | - | 2. are operated in accordance with Rule 2A –7 of the | |
143 | - | Investment Company Act of 1940, 17 C.F.R. § 270.2A–7, as amended; and | |
144 | - | Ch. 144 2024 LAWS OF MARYLAND | |
133 | + | (v) bankers’ acceptances guaranteed by a financial institution with 22 | |
134 | + | a short–term debt rating in the highest letter and numerical rating by at least one 23 | |
135 | + | nationally recognized statistical rating organization as designated by either the United 24 | |
136 | + | States Securities and Exchange Commission or the Treasurer; 25 | |
145 | 137 | ||
146 | - | – 4 – | |
147 | - | 3. have received the highest possible rating from at least one | |
148 | - | nationally recognized statistical rating organization as designated by the United States | |
149 | - | Securities and Exchange Commission; and | |
138 | + | (vi) with respect to amounts treated by the Internal Revenue Service 26 | |
139 | + | as bond sale proceeds only, bonds, notes, or other obligations of investment grade in the 27 | |
140 | + | highest quality letter and numerical rating by at least one nationally recognized statistical 28 | |
141 | + | rating organization as designated by the United States Securities and Exchange 29 | |
142 | + | Commission issued by or on behalf of this or any other state or any agency, department, 30 | |
143 | + | county, municipal or public corporation, special district, authority, or political subdivision 31 | |
144 | + | thereof, or in any fund or trust that invests only in securities of the type described in this 32 | |
145 | + | item; 33 4 SENATE BILL 776 | |
150 | 146 | ||
151 | - | (ix) any investment portfolio created under the Maryland Local | |
152 | - | Government Investment Pool defined under §§ 17–301 through 17–309 of the Local | |
153 | - | Government Article of the Code that is administered by the Office of the State Treasurer]. | |
154 | 147 | ||
155 | - | (2) Investments made under paragraph (1) of this subsection shall be in | |
156 | - | accordance with the LIMITATIONS FOR THE ASSET CLASSES AND thresholds established | |
157 | - | in regulations adopted under subsection [(g)] (F) of this section. | |
158 | 148 | ||
159 | - | [(c)] (B) The Treasurer may sell, redeem, or exchange an investment or | |
160 | - | reinvestment made under this section in accordance with the limitations of this section. | |
149 | + | (vii) commercial paper that has received the highest letter and 1 | |
150 | + | numerical rating by at least two nationally recognized statistical rating organizations as 2 | |
151 | + | designated by the United States Securities and Exchange Commission; 3 | |
161 | 152 | ||
162 | - | [(d)] (C) Subject to § 2–1257 of the State Government Article, the Treasurer | |
163 | - | shall report by January 3 of each year to the General Assembly on investment activities for | |
164 | - | unexpended or surplus money over which the Treasurer has custody which have been | |
165 | - | conducted during the previous fiscal year. At a minimum, the report shall specify for | |
166 | - | General Fund investments and all other investments: | |
153 | + | (viii) money market mutual funds that: 4 | |
167 | 154 | ||
168 | - | (1) the inventory of investments with maturity dates and the book and | |
169 | - | market value as of June 30; | |
155 | + | 1. are registered with the Securities and Exchange 5 | |
156 | + | Commission under the Investment Company Act of 1940, 15 U.S.C. § 80a–1 et seq., as 6 | |
157 | + | amended; 7 | |
170 | 158 | ||
171 | - | (2) the net income earned; | |
159 | + | 2. are operated in accordance with Rule 2A –7 of the 8 | |
160 | + | Investment Company Act of 1940, 17 C.F.R. § 270.2A–7, as amended; and 9 | |
172 | 161 | ||
173 | - | (3) the percentage share of each category of investment in the portfolio; and | |
162 | + | 3. have received the highest possible rating from at least one 10 | |
163 | + | nationally recognized statistical rating organization as designated by the United States 11 | |
164 | + | Securities and Exchange Commission; and 12 | |
174 | 165 | ||
175 | - | (4) any sale of investments prior to the maturity date. | |
166 | + | (ix) any investment portfolio created under the Maryland Local 13 | |
167 | + | Government Investment Pool defined under §§ 17–301 through 17–309 of the Local 14 | |
168 | + | Government Article of the Code that is administered by the Office of the State Treasurer]. 15 | |
176 | 169 | ||
177 | - | [(e)] (D) An investment made pursuant to this section shall be made: | |
170 | + | (2) Investments made under paragraph (1) of this subsection shall be in 16 | |
171 | + | accordance with the LIMITATIONS FOR THE ASSET CLASSES AND thresholds established 17 | |
172 | + | in regulations adopted under subsection [(g)] (F) of this section. 18 | |
178 | 173 | ||
179 | - | (1) with the care, skill, prudence, and diligence under the circumstances | |
180 | - | then prevailing that a prudent person acting in a like capacity and familiar with such | |
181 | - | matters would use in the conduct of an enterprise of a like character and with like aims; | |
174 | + | [(c)] (B) The Treasurer may sell, redeem, or exchange an investment or 19 | |
175 | + | reinvestment made under this section in accordance with the limitations of this section. 20 | |
182 | 176 | ||
183 | - | (2) in a manner designed to reasonably match the anticipated cash flow of | |
184 | - | the State so that sufficient funds are available to pay obligations upon proper presentation | |
185 | - | for payment; | |
177 | + | [(d)] (C) Subject to § 2–1257 of the State Government Article, the Treasurer 21 | |
178 | + | shall report by January 3 of each year to the General Assembly on investment activities for 22 | |
179 | + | unexpended or surplus money over which the Treasurer has custody which have been 23 | |
180 | + | conducted during the previous fiscal year. At a minimum, the report shall specify for 24 | |
181 | + | General Fund investments and all other investments: 25 | |
186 | 182 | ||
187 | - | ( | |
188 | - | ||
183 | + | (1) the inventory of investments with maturity dates and the book and 26 | |
184 | + | market value as of June 30; 27 | |
189 | 185 | ||
190 | - | ( | |
186 | + | (2) the net income earned; 28 | |
191 | 187 | ||
192 | - | ( | |
188 | + | (3) the percentage share of each category of investment in the portfolio; and 29 | |
193 | 189 | ||
194 | - | ||
190 | + | (4) any sale of investments prior to the maturity date. 30 | |
195 | 191 | ||
196 | - | (6) in accordance with a written investment policy; | |
192 | + | [(e)] (D) An investment made pursuant to this section shall be made: 31 | |
193 | + | SENATE BILL 776 5 | |
197 | 194 | ||
198 | - | (7) so that the securities and collateral may continue to be priced on a | |
199 | - | market to market basis; and | |
200 | 195 | ||
201 | - | (8) to avoid the enhancement of the personal financial position of the | |
202 | - | Treasurer or any employee of the Treasurer who has responsibilities for such investments. | |
196 | + | (1) with the care, skill, prudence, and diligence under the circumstances 1 | |
197 | + | then prevailing that a prudent person acting in a like capacity and familiar with such 2 | |
198 | + | matters would use in the conduct of an enterprise of a like character and with like aims; 3 | |
203 | 199 | ||
204 | - | [(f)] (E) (1) (i) Consistent with minority business purchasing standards | |
205 | - | applicable to units of State government under this article and consistent with the fiduciary | |
206 | - | duties of the Treasurer, the Treasurer shall attempt to use to the greatest extent feasible | |
207 | - | minority business enterprises for brokerage and investment management services under | |
208 | - | this section. | |
200 | + | (2) in a manner designed to reasonably match the anticipated cash flow of 4 | |
201 | + | the State so that sufficient funds are available to pay obligations upon proper presentation 5 | |
202 | + | for payment; 6 | |
209 | 203 | ||
210 | - | (ii) For purposes of this subsection, brokerage and investment | |
211 | - | management services shall include services relating to all allocated asset classes [as | |
212 | - | described in] AUTHORIZED IN THE RE GULATIONS ADOPTED UN DER subsection [(b)] (F) | |
213 | - | of this section. | |
204 | + | (3) so that a reasonable amount of cash or cash equivalents is available for 7 | |
205 | + | unanticipated cash needs; 8 | |
214 | 206 | ||
215 | - | (2) (i) To assist the Treasurer in achieving the goal described under | |
216 | - | paragraph (1) of this subsection, the Treasurer shall undertake measures to remove any | |
217 | - | barriers that limit full participation by minority business enterprises in brokerage and | |
218 | - | investment management services opportunities afforded under this section. | |
207 | + | (4) with due regard for minimizing risk while maximizing return; 9 | |
219 | 208 | ||
220 | - | (ii) The measures undertaken by the Treasurer shall include the use | |
221 | - | of a wide variety of media, including the Treasurer’s website, to provide notice to a broad | |
222 | - | and varied range of potential providers about the brokerage and investment management | |
223 | - | services opportunities afforded by the Treasurer. | |
209 | + | (5) using competitive purchasing practices except when impractical; 10 | |
224 | 210 | ||
225 | - | (3) In conjunction with the Governor’s Office of Small, Minority, and | |
226 | - | Women Business Affairs, the Treasurer shall develop guidelines to assist in identifying and | |
227 | - | evaluating qualified minority business enterprises in order to help the Treasurer achieve | |
228 | - | the objective for greater use of minority business enterprises for brokerage and investment | |
229 | - | management services under this section. | |
211 | + | (6) in accordance with a written investment policy; 11 | |
230 | 212 | ||
231 | - | (4) On or before September 1 each year, the Treasurer shall submit a report | |
232 | - | to the Governor’s Office of Small, Minority, and Women Business Affairs and, subject to § | |
233 | - | 2–1257 of the State Government Article, the General Assembly on: | |
213 | + | (7) so that the securities and collateral may continue to be priced on a 12 | |
214 | + | market to market basis; and 13 | |
234 | 215 | ||
235 | - | (i) the identity of the minority business enterprise brokerage and | |
236 | - | investment management services firms used by the Treasurer in the immediately | |
237 | - | preceding fiscal year; | |
238 | - | Ch. 144 2024 LAWS OF MARYLAND | |
216 | + | (8) to avoid the enhancement of the personal financial position of the 14 | |
217 | + | Treasurer or any employee of the Treasurer who has responsibilities for such investments. 15 | |
239 | 218 | ||
240 | - | – 6 – | |
241 | - | (ii) the percentage and dollar value of the assets under the custody | |
242 | - | of the Treasurer that are under the investment control of minority business enterprise | |
243 | - | brokerage and investment management services firms for each allocated asset class; and | |
219 | + | [(f)] (E) (1) (i) Consistent with minority business purchasing standards 16 | |
220 | + | applicable to units of State government under this article and consistent with the fiduciary 17 | |
221 | + | duties of the Treasurer, the Treasurer shall attempt to use to the greatest extent feasible 18 | |
222 | + | minority business enterprises for brokerage and investment management services under 19 | |
223 | + | this section. 20 | |
244 | 224 | ||
245 | - | (iii) the measures the Treasurer undertook in the immediately | |
246 | - | preceding fiscal year in accordance with paragraph (2)(ii) of this subsection. | |
225 | + | (ii) For purposes of this subsection, brokerage and investment 21 | |
226 | + | management services shall include services relating to all allocated asset classes [as 22 | |
227 | + | described in] AUTHORIZED IN THE RE GULATIONS ADOPTED UN DER subsection [(b)] (F) 23 | |
228 | + | of this section. 24 | |
247 | 229 | ||
248 | - | [(g)] (F) (1) The Treasurer shall adopt regulations that establish a State | |
249 | - | investment policy. | |
230 | + | (2) (i) To assist the Treasurer in achieving the goal described under 25 | |
231 | + | paragraph (1) of this subsection, the Treasurer shall undertake measures to remove any 26 | |
232 | + | barriers that limit full participation by minority business enterprises in brokerage and 27 | |
233 | + | investment management services opportunities afforded under this section. 28 | |
250 | 234 | ||
251 | - | (2) The State investment policy shall specify: | |
235 | + | (ii) The measures undertaken by the Treasurer shall include the use 29 | |
236 | + | of a wide variety of media, including the Treasurer’s website, to provide notice to a broad 30 | |
237 | + | and varied range of potential providers about the brokerage and investment management 31 | |
238 | + | services opportunities afforded by the Treasurer. 32 | |
252 | 239 | ||
253 | - | (I) ASSET CLASSES IN WHI CH THE TREASURER MAY INVEST OR | |
254 | - | REINVEST CERTAIN UNE XPENDED OR SURPLUS F UNDS; AND | |
240 | + | (3) In conjunction with the Governor’s Office of Small, Minority, and 33 | |
241 | + | Women Business Affairs, the Treasurer shall develop guidelines to assist in identifying and 34 | |
242 | + | evaluating qualified minority business enterprises in order to help the Treasurer achieve 35 6 SENATE BILL 776 | |
255 | 243 | ||
256 | - | (II) thresholds for the maximum investment in each asset class | |
257 | - | authorized under [this section] ITEM (I) OF THIS PARAGRAPH . | |
258 | 244 | ||
259 | - | SECTION 2. AND BE IT FURTHER ENACTED, That : | |
245 | + | the objective for greater use of minority business enterprises for brokerage and investment 1 | |
246 | + | management services under this section. 2 | |
260 | 247 | ||
261 | - | ( | |
262 | - | ||
263 | - | ||
248 | + | (4) On or before September 1 each year, the Treasurer shall submit a report 3 | |
249 | + | to the Governor’s Office of Small, Minority, and Women Business Affairs and, subject to § 4 | |
250 | + | 2–1257 of the State Government Article, the General Assembly on: 5 | |
264 | 251 | ||
265 | - | (b) Notwithstanding the changes to § 6 –222 of the State Finance and | |
266 | - | Procurement Article as enacted by Section 1 of this Act, the Treasurer may invest or | |
267 | - | reinvest surplus money in the investments authorized under the former § 6–222 of the | |
268 | - | State Finance and Procurement Article as in effect immediately preceding the effective date | |
269 | - | of this Act until the effective date of the regulations amending the State investment policy | |
270 | - | are adopted by the Treasurer in accordance with Section 3 of this Act. | |
252 | + | (i) the identity of the minority business enterprise brokerage and 6 | |
253 | + | investment management services firms used by the Treasurer in the immediately 7 | |
254 | + | preceding fiscal year; 8 | |
271 | 255 | ||
272 | - | (c) Notwithstanding the changes to § 6–222 of the State Finance and | |
273 | - | Procurement Article as enacted by Section 1 of this Act, the governmental entities described | |
274 | - | in § 17–203 of the Local Government Article may invest or reinvest surplus money in the | |
275 | - | investments authorized under the former § 6–222 of the State Finance and Procurement | |
276 | - | Article as in effect immediately preceding the effective date of this Act until the effective | |
277 | - | date of the regulations amending the local government investment guidelines are adopted | |
278 | - | by the Treasurer in accordance with Section 3 of this Act. | |
256 | + | (ii) the percentage and dollar value of the assets under the custody 9 | |
257 | + | of the Treasurer that are under the investment control of minority business enterprise 10 | |
258 | + | brokerage and investment management services firms for each allocated asset class; and 11 | |
279 | 259 | ||
280 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Treasurer shall: | |
260 | + | (iii) the measures the Treasurer undertook in the immediately 12 | |
261 | + | preceding fiscal year in accordance with paragraph (2)(ii) of this subsection. 13 | |
281 | 262 | ||
282 | - | (1) on or before December 1, 2024, adopt the: | |
263 | + | [(g)] (F) (1) The Treasurer shall adopt regulations that establish a State 14 | |
264 | + | investment policy. 15 | |
283 | 265 | ||
284 | - | (i) regulations amending the State investment policy in accordance | |
285 | - | with § 6–222 of the State Finance and Procurement Article as enacted by Section 1 of this | |
286 | - | Act required under Section 1 of this Act; and WES MOORE, Governor Ch. 144 | |
266 | + | (2) The State investment policy shall specify: 16 | |
287 | 267 | ||
288 | - | – 7 – | |
268 | + | (I) ASSET CLASSES IN WHI CH THE TREASURER MAY INVEST OR 17 | |
269 | + | REINVEST CERTAIN UNE XPENDED OR SURPLUS F UNDS; AND 18 | |
289 | 270 | ||
290 | - | (ii) regulations amending the local government investment | |
291 | - | guidelines in accordance with § 17–204 of the Local Government Article as enacted by | |
292 | - | Section 1 of this Act; and | |
271 | + | (II) thresholds for the maximum investment in each asset class 19 | |
272 | + | authorized under [this section] ITEM (I) OF THIS PARAGRAPH . 20 | |
293 | 273 | ||
294 | - | (2) following the adoption of regulations amending the local government | |
295 | - | investment guidelines as required under Section 1 of this Act item (1) of this section: | |
274 | + | SECTION 2. AND BE IT FURTH ER ENACTED, That: 21 | |
296 | 275 | ||
297 | - | (i) notify in writing the governing body of each local governmental | |
298 | - | unit entity required to have a local investment policy under § 17–205 of the Local | |
299 | - | Government Article of the updated State investment policy; amended local government | |
300 | - | investment guidelines; and | |
276 | + | (a) Notwithstanding any other provision of law, the Treasurer may retain 22 | |
277 | + | investments made prior to the effective date of this Act until the investments have reached 23 | |
278 | + | their respective maturity dates. 24 | |
301 | 279 | ||
302 | - | (ii) provide the local government governmental entity with an | |
303 | - | opportunity to review, revise, and report any changes in the local investment policies to the | |
304 | - | Treasurer, as appropriate. | |
280 | + | (b) Notwithstanding the changes to § 6–222 of the State Finance and 25 | |
281 | + | Procurement Article as enacted by Section 1 of this Act, the Treasurer may invest or 26 | |
282 | + | reinvest surplus money in the investments authorized under the former § 6–222 of the 27 | |
283 | + | State Finance and Procurement Article as in effect immediately preceding the effective date 28 | |
284 | + | of this Act until the effective date of the regulations amending the State investment policy 29 | |
285 | + | are adopted by the Treasurer in accordance with Section 3 of this Act. 30 | |
305 | 286 | ||
306 | - | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act is an emergency | |
307 | - | measure, is necessary for the immediate preservation of the public health or safety, has | |
308 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to | |
309 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is | |
310 | - | enacted. | |
287 | + | (c) Notwithstanding the changes to § 6 –222 of the State Finance and 31 | |
288 | + | Procurement Article as enacted by Section 1 of this Act, the governmental entities described 32 | |
289 | + | in § 17–203 of the Local Government Article may invest or reinvest surplus money in the 33 | |
290 | + | investments authorized under the former § 6–222 of the State Finance and Procurement 34 SENATE BILL 776 7 | |
311 | 291 | ||
312 | - | Approved by the Governor, April 25, 2024. | |
292 | + | ||
293 | + | Article as in effect immediately preceding the effective date of this Act until the effective 1 | |
294 | + | date of the regulations amending the local government investment guidelines are adopted 2 | |
295 | + | by the Treasurer in accordance with Section 3 of this Act. 3 | |
296 | + | ||
297 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the Treasurer shall: 4 | |
298 | + | ||
299 | + | (1) on or before December 1, 2024, adopt the: 5 | |
300 | + | ||
301 | + | (i) regulations amending the State investment policy in accordance 6 | |
302 | + | with § 6–222 of the State Finance and Procurement Article as enacted by Section 1 of this 7 | |
303 | + | Act required under Section 1 of this Act; and 8 | |
304 | + | ||
305 | + | (ii) regulations amending the local government investment 9 | |
306 | + | guidelines in accordance with § 17–204 of the Local Government Article as enacted by 10 | |
307 | + | Section 1 of this Act; and 11 | |
308 | + | ||
309 | + | (2) following the adoption of regulations amending the local government 12 | |
310 | + | investment guidelines as required under Section 1 of this Act item (1) of this section: 13 | |
311 | + | ||
312 | + | (i) notify in writing the governing body of each local governmental 14 | |
313 | + | unit entity required to have a local investment policy under § 17–205 of the Local 15 | |
314 | + | Government Article of the updated State investment policy; amended local government 16 | |
315 | + | investment guidelines; and 17 | |
316 | + | ||
317 | + | (ii) provide the local government governmental entity with an 18 | |
318 | + | opportunity to review, revise, and report any changes in the local investment policies to the 19 | |
319 | + | Treasurer, as appropriate. 20 | |
320 | + | ||
321 | + | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 21 | |
322 | + | measure, is necessary for the immediate preservation of the public health or safety, has 22 | |
323 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 23 | |
324 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 24 | |
325 | + | enacted. 25 | |
326 | + | ||
327 | + | ||
328 | + | ||
329 | + | ||
330 | + | Approved: | |
331 | + | ________________________________________________________________________________ | |
332 | + | Governor. | |
333 | + | ________________________________________________________________________________ | |
334 | + | President of the Senate. | |
335 | + | ________________________________________________________________________________ | |
336 | + | Speaker of the House of Delegates. |