ENGR. H. B. NO. 2547 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 2547 By: O'Donnell and McBride of the House and Woods of the Senate An Act relating to public finance; imposing requirements with respect to certain shares; prohibiting governmental entities from relying on information provided by certain entities; prohibiting grant of proxy voting rights; providing exceptions; prohibiting public retirement systems from certain action; prohibiting actions with respect to advice provided by proxy advisers; requiring tabulation of certain proxy votes; requiring report to the State Treasurer; providing for codification; providing an effective date; and d eclaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 8001 of Title 62, unless there is created a duplication in numbering, reads as follow s: A. All shares held directly or indirectly by or on behalf of a governmental entity and/or the participants and their beneficiaries shall be voted solely in the pecuniary interest of plan participants and their beneficiarie s. B. A governmental entity m ay not rely on any voting decision guidance from any company listed on the restricted financial ENGR. H. B. NO. 2547 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 institutions and companies generated by the Treasurer pursuant to Section 12003 of Title 74 of the Oklahoma Statutes . C. Unless no economically practicable alt ernative is available, a governmental entity may not grant proxy voting authority to any person who is not a part of the governmental entity, unless that person has a practice of, and in writing commits to, following guidelines that match the governmental entity's obligation to act solely upon pecuniary factors. D. Unless no economically practicable alternative is available, public retirement system assets shall not be e ntrusted to a fiduciary, unless that fiduciary has a practice of, and in writing commits to, follow guideline s, when engaging with portfolio companies and voting shares or proxies, tha t match the governmental entity's obligation to act solely upon pecuniary factors. E. Unless no economically practicable alternative is available, an investment manager, fiduciary or governmental entity may not adopt a practice of following the recommenda tions of a proxy adviser or other service provider, unless such adviser or service provider has a practice of, and in writing commits to, follow proxy voting guidelines that match th e governmental entity's obligation to act solely upon pecuniary factors. F. All proxy votes shall be tabulate d and reported annually to the State Treasurer. For each vote, the report shall conta in a vote caption, the plan's vote, the recommendation of company management, ENGR. H. B. NO. 2547 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and, if applicable, the proxy adviser 's recommendation. These reports shall be posted on a publicly available webpage on the State Treasurer's website. SECTION 2. This act shall become effective July 1, 2023. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after it s passage and approval. Passed the House of Representatives the 20th day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2023. Presiding Officer of the Senate