§ 62-89.2. Investment of funds by State Treasurer.

A.  The State Treasurer is directed to invest the maximum amount of funds under control of the State Treasurer consistent with good business practices.  Except as otherwise provided for by law, the investments shall earn not less than the rate for comparable maturities on United States Treasury obligations.  Except as otherwise provided for by law, the State Treasurer may purchase and invest only in:

1.  Obligations of the United States Government, its agencies and instrumentalities, or other obligations fully insured or unconditionally guaranteed as to the payment of principal and interest by the United States government or any of its agencies and instrumentalities;

2.  Collateralized or insured certificates of deposit and other evidences of deposit at banks, savings banks, savings and loan associations and credit unions located in this state;

3.  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.  Purchases of negotiable certificates of deposit shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section.  Not more than one-half (1/2) of the ten percent (10%) limit shall be invested in any one financial institution specified in this paragraph;

4.  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.  Purchases of prime banker's acceptances shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section.  Not more than three-fourths (3/4) of the ten percent (10%) limit shall be invested in any one commercial bank pursuant to this paragraph;

5.  Prime commercial paper which shall not have a maturity that exceeds one hundred eighty (180) days nor represent more than ten percent (10%) of the outstanding paper of an issuing corporation.  Purchases of prime commercial paper shall not exceed seven and one-half percent (7 1/2%) of the cash available for investment which may be invested pursuant to this section;

6.  Investment grade obligations of state and local governments, including obligations of Oklahoma state public trusts which possess the highest rating from at least one nationally recognized rating agency acceptable to the State Treasurer.  Purchases of investment grade obligations of state and local governments shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section;

7.  Repurchase agreements, provided that such agreements are included within the written investment policy required by subsection D of this section that have underlying collateral consisting of those items and those restrictions specified in paragraphs 1 through 6 of this subsection;

8.  Money market funds and short term bond funds regulated by the Securities and Exchange Commission and which investments consist of those items and those restrictions specified in paragraphs 1 through 7 of this subsection; and

9.  Bonds, notes, debentures or other similar obligations of a foreign government which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such nation has been pledged for the payment of principal and interest; provided, that any such security shall be rated at least A- or better by Standard & Poor's Corporation or A3 or better by Moody's Investors Service, or an equivalent investment grade by a securities ratings organization accepted by the National Association of Insurance Commissioners; and provided further, that the total investment in such foreign securities at any one time shall not exceed five percent (5%) of the cash available for investment which may be invested pursuant to this section.  In no circumstance shall investments be made in bonds, notes, debentures or any similar obligations of a foreign government that:

a.is identified as a state sponsor of terrorism by the United States Department of State, or

b.any authoritarian or totalitarian government the sovereign powers of which are exercised through a single person or group of persons who are not elected by any form of legitimate popular voting.

B.  Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

C.  The State Treasurer shall appoint an investment officer who shall perform duties related to the investment of state funds in the Office of the State Treasurer.  The investment officer shall not perform or supervise any accounting functions, data processing functions or duties related to the documentation or settlement of investment transactions.

D.  Investments of public funds by the State Treasurer shall be made in accordance with written policies developed by the State Treasurer.  The written investment policies shall address:

1.  Liquidity;

2.  Diversification;

3.  Safety of principal;

4.  Yield;

5.  Maturity and quality; and

6.  Capability of investment management.

The State Treasurer shall place primary emphasis on safety and liquidity in the investment of public funds.  To the extent practicable taking into account the need to use sound investment judgment, the written investment policies shall include provision for utilization of a system of competitive bidding in the investment of state funds.  The written investment policies shall be designed to maximize yield within each class of investment instrument, consistent with the safety of the funds invested.

E.  The State Treasurer shall select one custodial bank to settle transactions involving the investment of state funds under the control of the State Treasurer.  The State Treasurer shall review the performance of the custodial bank at least once every year.  The State Treasurer shall require a written competitive bid every five (5) years.  The custodial bank shall have a minimum of Five Hundred Million Dollars ($500,000,000.00) in assets to be eligible for selection.  Any out-of-state custodial bank shall have a service agent in the State of Oklahoma so that service of summons or legal notice may be had on such designated agent as is now or may hereafter be provided by law.  In order to be eligible for selection, the custodial bank shall allow electronic access to all transaction and portfolio reports maintained by the custodial bank involving the investment of state funds under control of the State Treasurer.  The access shall be given to both the State Treasurer and to the Cash Management and Investment Oversight Commission.  The requirement for electronic access shall be incorporated into any contract between the State Treasurer and the custodial bank.  Neither the State Treasurer nor the custodial bank shall permit any of the funds under the control of the State Treasurer or any of the documents, instruments, securities or other evidence of a right to be paid money to be located in any place other than within a jurisdiction or territory under the control or regulatory power of the United States Government.

F.  The investment policy shall specify the general philosophy, policies and procedures to be followed in the investment of state monies by the State Treasurer.  The investment policy shall include, but not be limited to, the following:

1.  Policy objectives;

2.  Performance measure objectives;

3.  Authority for investment program;

4.  Possible use of an investment advisory committee;

5.  Reporting and documentation of investments;

6.  Authorized investment instruments;

7.  Diversification of investment risk;

8.  Maturity limitations;

9.  Selections of financial institutions;

10.  Interest controls;

11.  Safekeeping of investments;

12.  Investment ethics; and

13.  Formal adoption of policy.

G.  The State Treasurer shall provide weekly reports of all investments made by the State Treasurer if requested by the Cash Management and Investment Oversight Commission, and list any commissions, fees or payments made for services regarding such investments.  The reports required by this subsection shall be delivered to the Commission within three (3) business days of the end of the applicable week.

H.  Not later than July 1 of each year, the State Treasurer shall forward a copy of the written investment policy to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Attorney General, the Bank Commissioner, and the Director of the Office of Management and Enterprise Services.  In addition, the State Treasurer shall maintain one copy of the investment policy in the office of the State Treasurer for public inspection during regular business hours.  Copies of any modifications to the investment policy shall be forwarded to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and each member of the Cash Management and Investment Oversight Commission.

Added by Laws 1974, c. 22, § 2.  Amended by Laws 1986, c. 235, § 2; Laws 1987, c. 194, § 3, operative July 1, 1987; Laws 1991, c. 207, § 4, eff. July 1, 1991; Laws 1994, c. 37, § 2, eff. July 1, 1994; Laws 1994, c. 227, § 2, emerg. eff. May 24, 1994; Laws 1995, c. 65, § 1, eff. July 1, 1995; Laws 1999, c. 292, § 5, eff. July 1, 1999; Laws 2001, c. 133, § 12, emerg. eff. April 24, 2001; Laws 2003, c. 224, § 13, eff. July 1, 2003; Laws 2004, c. 134, § 1, eff. July 1, 2004; Laws 2006, c. 233, § 6, eff. Nov. 1, 2006; Laws 2009, c. 433, § 8, emerg. eff. June 2, 2009; Laws 2010, c. 241, § 7, emerg. eff. May 10, 2010; Laws 2012, c. 131, § 4, eff. Nov. 1, 2012; Laws 2013, c. 15, § 66, emerg. eff. April 8, 2013.

Note

NOTE:  Laws 2012, c. 304, § 439 repealed by Laws 2013, c. 15, § 67, emerg. eff. April 8, 2013.