Req. No. 1181 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 957 By: Alvord AS INTRODUCED An Act relating to public finance; modifying investment procedures relating to local governments; modifying authorized investments; repealing 62 O.S. 2021, Sections 348.1, as amended by Section 1, Chapter 78, O.S.L. 2023 , and 348.3, as amended by Section 2, Chapter 78, O.S.L. 2023 (62 O.S. Supp. 2024, Sections 348.1 and 348.3), which relate to the investment of funds; providing for codifica tion; providing an effective date ; and declaring 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 348 of Title 62, unless there is created a duplication in numbering, reads as follows: A. The governing body of any political subdivision of this state, the authority of a public entity having as its beneficiary a political subdivision, or the governing board of a qu alified pooled investment program established pursuant to paragraph 10 of subsection B of this section shall authorize a n investment policy by ordinance or resolution directing the treasurer to invest public funds. The authorized investment policy shall a ddress liquidity, Req. No. 1181 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 diversification, safety of principal, yield, maturity and quality, and capability of investment management. In accordance with the investment policy, the treasurer shall place primary emphasis on safety and liquidity in the investment of funds. The treasurer shall, to the extent practicable, use competitive bids when purchasing brokered securities and shall seek to maximize yield within each class of investment instrument consistent with the safety of the funds invested. B. The written policy, ordinance, or resolution may authorize the treasurer of the entity or of the qualified pooled investment program to purchase and invest in any of the following: 1. Direct obligations of the federal government, the payment of which the full faith a nd credit of the federal government is pledged, its agencies, or its instrumen talities; federal agencies or federal government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or federal government-sponsored enterprises; 2. Obligations, the payment of which the full faith and credit of this state is pledged , or investment grade obligations of state agencies, authorities, or instrumentalitie s rated A+ or better by Standard and Poor’s Corporation or A1 or better by Moo dy’s Investors Service or equivalent by another securities ratings organization; Req. No. 1181 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Collateralized or insured certificates of deposits of banks or credit unions located within t he state and located out side of the state when such certificates of deposits are secured by acceptable collateral; 4. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings bank, a savings and loan association, or a state-licensed branch of a foreign bank; 5. Savings accounts or savings certif icates of banks or credit unions where the funds are either secured by acceptable collateral or fully insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration; 6. Direct debt obligations of county, municipal, or school districts or their authorities for which an ad valorem tax may be levied or paid by bond and revenue anticipation note; and of money judgments against a county, municipal, or school district paid by bonds or bond and revenue anticipation notes issued b y a public trust of which the county, municipality, or school district is a beneficiary thereof; 7. Prime banker’s acceptances which are eligible for purchase by the Federal Reserve System and which do not exceed two hundred seventy (270) days’ maturity; provided, purchase of prime banker ’s acceptances shall not exceed ten percent (10%) of the surplus funds of the city or county which may be invested according to this section; provided further, the restrictions of this paragraph shall Req. No. 1181 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not apply to purchase s of prime banker’s acceptances by qualified pooled investment programs established under paragraph 10 of this section; 8. Repurchase agreements that have underlying collateral consisting of those items specified in paragraphs 1 through 7 of this subsection; 9. Money market funds regulated by the United States Securities and Exchange Commission and which investments consist of those items and those restrictions specified in para graphs 1 through 8 of this subsection; and 10. Qualified pooled investment pr ograms, the investments of which consist of those items specified in paragraphs 1 through 8 of this subsection. To be qualified, a pooled investment program for county funds or for city or town funds or a combination thereof must be governed through an interlocal cooperative agreement formed pursuant to Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes. Prior to participating in a qualified pooled investment program, the governing body of such county, city , or town must authorize participati on through its written investment policy . Notwithstanding differences in permissible investment securities, a public subdivision that elects to participate in a local government investment pool within this section con sents to investment securities that are legally authorized within the pool . Req. No. 1181 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The income received on an investment may be placed in the general fund, rainy day fund, capital reserve fund, or the fund from which the investment was made. D. Investments shall be made with judgment and care, un der circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investmen t, considering the probable safety of the capital as well as the probable income to be derived. SECTION 2. REPEALER 62 O.S. 2021, Sections 348.1, as amended by Section 1, Chapter 78, O.S.L. 2023 , and 348.3, as amended by Section 2, Chapter 78, O.S.L. 2023 (62 O.S. Supp. 2024, Section s 348.1 and 348.3), are hereby repealed. SECTION 3. This act shall become effective July 1, 2025. SECTION 4. 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 its passage and approval. 60-1-1181 MSBB 1/16/2025 1:02:59 PM