Oklahoma 2023 Regular Session

Oklahoma House Bill HB2547 Latest Draft

Bill / Engrossed Version Filed 03/21/2023

                             
 
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