Senate
Study
Bill
3087
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
concerning
investment
of
certain
public
funds
in
and
1
public
contracts
with
companies
that
boycott
Israel.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5462XC
(3)
86
ec/sc
S.F.
_____
Section
1.
NEW
SECTION
.
12J.1
Legislative
findings
and
1
intent.
2
The
general
assembly
is
deeply
concerned
and
does
not
3
support
boycotts
and
related
tactics
that
have
become
a
tool
4
of
economic
warfare
that
threaten
the
sovereignty
and
security
5
of
allies
and
trade
partners
of
the
United
States,
including
6
the
state
of
Israel.
Therefore,
the
general
assembly
intends
7
that
state
funds
and
funds
administered
by
the
state,
including
8
public
employee
retirement
funds,
should
not
be
invested
in,
9
and
public
contracts
should
not
be
entered
into
with,
companies
10
that
refuse
to
engage
in
commerce
with
Israel
and
boycott
11
Israel
or
persons
doing
business
in
Israel
or
territories
12
controlled
by
Israel.
13
Sec.
2.
NEW
SECTION
.
12J.2
Definitions.
14
As
used
in
this
chapter,
unless
the
context
otherwise
15
requires:
16
1.
“Company”
means
any
sole
proprietorship,
organization,
17
association,
corporation,
partnership,
joint
venture,
limited
18
partnership,
limited
liability
partnership,
limited
liability
19
company,
or
other
entity
or
business
association,
including
20
all
wholly
owned
subsidiaries,
majority-owned
subsidiaries,
21
parent
companies,
or
affiliates
of
such
entities
or
business
22
associations.
23
2.
“Direct
holdings”
in
a
company
means
all
publicly
traded
24
securities
of
that
company
that
are
held
directly
by
the
public
25
fund
in
an
actively
managed
account
or
fund
in
which
the
public
26
fund
owns
all
shares
or
interests.
27
3.
“Indirect
holdings”
in
a
company
means
all
securities
28
of
that
company
that
are
held
in
an
account
or
fund
managed
29
by
one
or
more
persons
not
employed
by
the
public
fund,
in
30
which
the
public
fund
owns
shares
or
interests
together
with
31
other
investors
not
subject
to
the
provisions
of
this
chapter.
32
Indirect
holdings
include
but
are
not
limited
to
mutual
funds,
33
fund
of
funds,
index
funds,
private
equity
funds,
hedge
funds,
34
and
real
estate
funds.
35
-1-
LSB
5462XC
(3)
86
ec/sc
1/
7
S.F.
_____
4.
“Public
entity”
means
the
state,
political
subdivisions
1
of
the
state,
public
school
corporations,
and
all
public
2
officers,
boards,
commissions,
departments,
agencies,
and
3
authorities
empowered
by
law
to
enter
into
public
contracts
for
4
the
expenditure
of
public
funds,
including
the
state
board
of
5
regents
and
institutions
under
the
control
of
the
state
board
6
of
regents.
7
5.
“Public
fund”
means
the
treasurer
of
state,
the
state
8
board
of
regents,
the
public
safety
peace
officers’
retirement
9
system
created
in
chapter
97A,
the
Iowa
public
employees’
10
retirement
system
created
in
chapter
97B,
the
statewide
fire
11
and
police
retirement
system
created
in
chapter
411,
or
the
12
judicial
retirement
system
created
in
chapter
602.
13
6.
“Scrutinized
company”
means
any
company
engaging
in
14
refusals
to
deal,
terminating
business
activities,
or
engaging
15
in
other
actions
that
are
intended
to
limit
commercial
16
relations
with
Israel,
or
persons
or
entities
doing
business
17
in
Israel
or
in
territories
controlled
by
Israel,
when
such
18
actions
are
taken
in
compliance
or
adherence
to
calls
for
19
a
boycott
of
Israel
other
than
those
boycotts
otherwise
20
authorized
by
federal
law
and
in
a
manner
that
discriminates
21
on
the
basis
of
nationality,
national
origin,
religion,
or
22
other
unreasonable
basis,
and
is
not
based
on
a
valid
business
23
reason.
A
company’s
statement
that
it
is
participating
in
a
24
boycott
of
Israel,
or
that
it
has
taken
the
boycott
action
at
25
the
request,
in
compliance
with,
or
in
furtherance
of
calls
for
26
a
boycott
of
Israel,
can
be
considered
one
type
of
evidence,
27
among
others,
that
a
company
is
a
scrutinized
company.
28
Sec.
3.
NEW
SECTION
.
12J.3
Identification
of
companies
——
29
notice.
30
1.
a.
By
March
1,
2017,
the
public
fund
shall
make
its
31
best
efforts
to
identify
or
have
identified
all
scrutinized
32
companies
in
which
the
public
fund
has
direct
or
indirect
33
holdings
or
could
possibly
have
such
holdings
in
the
future
and
34
shall
create
and
make
available
to
the
public
a
scrutinized
35
-2-
LSB
5462XC
(3)
86
ec/sc
2/
7
S.F.
_____
companies
list
for
that
public
fund.
The
public
fund
shall
1
review
on
an
annual
basis
and
update,
if
necessary,
the
2
scrutinized
companies
list.
3
b.
In
making
its
best
efforts
to
identify
or
have
4
identified
scrutinized
companies,
the
public
fund
may
review
5
and
rely,
in
the
best
judgment
of
the
public
fund,
on
publicly
6
available
information
regarding
companies,
and
including
other
7
information
that
may
be
provided
by
nonprofit
organizations,
8
research
firms,
international
organizations,
and
government
9
entities.
The
public
fund
may
also
contact
asset
managers
10
and
institutional
investors
for
the
public
fund
to
identify
11
scrutinized
companies
based
upon
industry-recognized
lists
of
12
such
companies
that
the
public
fund
may
have
indirect
holdings
13
in.
14
c.
The
Iowa
public
employees’
retirement
system,
acting
15
on
behalf
of
the
system
and
other
public
funds
subject
to
16
this
section,
may
develop
and
issue
a
request
for
proposals
17
for
third-party
services
to
complete
the
identification
of
18
scrutinized
companies
and
the
compilation
of
a
scrutinized
19
companies
list.
The
Iowa
public
employees’
retirement
system
20
shall
consult
with
all
other
public
funds
on
the
development
of
21
the
request
for
proposals.
However,
selection
of
a
successful
22
proposal
and
the
final
scope
of
services
to
be
provided
shall
23
be
determined
only
by
those
public
funds
that
have
agreed
to
24
utilize
the
third-party
services.
If
more
than
one
public
fund
25
decides
to
utilize
the
third-party
services,
the
participating
26
public
funds
shall
equally
share
the
costs
of
such
services.
27
2.
a.
For
each
company
on
the
scrutinized
companies
list,
28
the
public
fund
shall
send
or
have
sent
a
written
notice
29
informing
the
company
of
its
status
as
a
scrutinized
company
30
and
that
it
may
become
subject
to
divestment
and
restrictions
31
on
investment
in
the
company
by
the
public
fund.
The
notice
32
shall
offer
the
company
the
opportunity
to
clarify
its
33
activities
or
to
cease
its
activities
causing
its
inclusion
34
on
the
scrutinized
company
list.
The
public
fund
or
its
35
-3-
LSB
5462XC
(3)
86
ec/sc
3/
7
S.F.
_____
representative
shall
continue
to
provide
such
written
notice
on
1
an
annual
basis
if
the
company
remains
a
scrutinized
company.
2
b.
If,
following
notice
as
provided
by
this
section,
a
3
scrutinized
company
ceases
activity
that
designates
it
as
a
4
scrutinized
company
and
submits
a
written
certification
to
the
5
public
fund
that
it
shall
not
reengage
in
such
activity
for
6
the
duration
of
any
investment
by
the
public
fund,
the
company
7
shall
be
removed
from
the
scrutinized
companies
list.
8
Sec.
4.
NEW
SECTION
.
12J.4
Prohibited
investments
——
9
divestment.
10
1.
The
public
fund
shall
not
acquire
publicly
traded
11
securities
of
a
company
on
the
public
fund’s
most
recent
12
scrutinized
companies
list
so
long
as
such
company
remains
on
13
the
public
fund’s
scrutinized
companies
list
as
provided
in
14
this
chapter.
15
2.
a.
The
public
fund
shall
sell,
redeem,
divest,
or
16
withdraw
all
publicly
traded
securities
of
a
company
on
the
17
public
fund’s
list
of
scrutinized
companies,
so
long
as
the
18
company
remains
on
that
list,
within
ninety
days
following
19
the
first
written
notice
sent
to
the
scrutinized
company
as
20
required
by
section
12J.3.
21
b.
This
subsection
shall
not
be
construed
to
require
the
22
premature
or
otherwise
imprudent
sale,
redemption,
divestment,
23
or
withdrawal
of
an
investment,
but
such
sale,
redemption,
24
divestment,
or
withdrawal
shall
be
completed
as
provided
by
25
this
subsection.
26
3.
The
requirements
of
this
section
shall
not
apply
to
27
indirect
holdings
of
a
scrutinized
company.
The
public
28
fund
shall,
however,
submit
letters
to
the
managers
of
such
29
investment
funds
containing
scrutinized
companies
requesting
30
that
they
consider
removing
such
companies
from
the
fund
31
or
create
a
similar
fund
with
indirect
holdings
devoid
of
32
such
companies.
If
the
manager
creates
a
similar
fund
with
33
indirect
holdings
devoid
of
such
companies,
the
public
fund
34
is
encouraged
to
replace
all
applicable
investments
with
35
-4-
LSB
5462XC
(3)
86
ec/sc
4/
7
S.F.
_____
investments
in
the
similar
fund
consistent
with
prudent
1
investing
standards.
2
Sec.
5.
NEW
SECTION
.
12J.5
Reports.
3
1.
Scrutinized
companies
list.
Each
public
fund
shall,
4
within
thirty
days
after
the
scrutinized
companies
list
is
5
created
or
updated
as
required
by
section
12J.3,
make
the
list
6
available
to
the
public.
7
2.
Annual
report.
On
October
1,
2017,
and
each
October
8
1
thereafter,
each
public
fund
shall
make
available
to
the
9
public,
and
file
with
the
general
assembly,
an
annual
report
10
covering
the
prior
fiscal
year
that
includes
the
following:
11
a.
The
scrutinized
companies
list
as
of
the
end
of
the
12
fiscal
year.
13
b.
A
summary
of
all
written
notices
sent
as
required
by
14
section
12J.3
during
the
fiscal
year.
15
c.
All
investments
sold,
redeemed,
divested,
or
withdrawn
as
16
provided
in
section
12J.4
during
the
fiscal
year.
17
Sec.
6.
NEW
SECTION
.
12J.6
Public
entities
——
contract
18
requirements.
19
A
public
entity
shall
not
enter
into
a
contract
of
one
20
thousand
dollars
or
more
with
a
company
to
acquire
or
dispose
21
of
services,
supplies,
information
technology,
or
construction
22
unless
the
contract
includes
a
written
certification
that
23
the
company
is
not
a
scrutinized
company
and
will
not
be
a
24
scrutinized
company
for
the
duration
of
the
contract.
25
Sec.
7.
NEW
SECTION
.
12J.7
Legal
obligations
——
immunity.
26
With
respect
to
actions
taken
in
compliance
with
this
27
chapter,
including
all
good-faith
determinations
regarding
28
companies
as
required
by
this
chapter,
the
public
fund
shall
29
be
immune
from
any
liability
and
exempt
from
any
conflicting
30
statutory
or
common
law
obligations,
including
any
such
31
obligations
in
respect
to
choice
of
asset
managers,
investment
32
funds,
or
investments
for
the
public
fund’s
securities
33
portfolios.
34
EXPLANATION
35
-5-
LSB
5462XC
(3)
86
ec/sc
5/
7
S.F.
_____
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
creates
new
Code
chapter
12J,
which
restricts
the
3
treasurer
of
state,
the
state
board
of
regents,
the
Iowa
public
4
employees’
retirement
system
(IPERS),
the
public
safety
peace
5
officers’
retirement
system,
the
statewide
fire
and
police
6
retirement
system,
and
the
judicial
retirement
system,
defined
7
as
“public
funds”,
from
directly
investing
in
certain
companies
8
engaged
in
a
boycott
of
Israel.
The
bill
also
requires
all
9
public
entities,
including
the
state
and
political
subdivisions
10
of
the
state,
entering
into
contract
with
a
company
of
$1,000
11
or
more
to
include
a
written
certification
in
the
contract
that
12
the
company
will
not
engage
in
a
boycott
of
Israel
for
the
13
duration
of
the
contract.
14
Concerning
public
funds,
the
bill
requires
each
public
15
fund
to
develop
and
maintain
a
list
of
scrutinized
companies
16
that
the
fund
has
direct
or
indirect
holdings
in
or
in
which
17
the
fund
may
invest
in
the
future.
Each
public
fund
shall
18
determine
this
list
by
March
1,
2017,
and
update
it
on
an
19
annual
basis.
The
bill
defines
“scrutinized
companies”
as
20
those
companies
engaging
in
refusals
to
deal,
terminating
21
business
activities,
or
engaging
in
other
actions
that
22
are
intended
to
limit
commercial
relations
with
Israel,
or
23
persons
or
entities
doing
business
in
Israel
or
in
territories
24
controlled
by
Israel.
Once
a
company
is
listed
on
the
25
scrutinized
companies
list
of
a
public
fund,
the
bill
requires
26
the
public
fund
to
send
a
notice
to
that
company
relative
27
to
the
requirements
of
the
bill,
to
include
notice
that
28
the
company
may
qualify
for
divestment
and
other
investment
29
restrictions
by
the
public
fund.
30
New
Code
section
12J.4
requires
that
a
public
fund
not
invest
31
in,
and
shall
divest
from,
holdings
in
a
scrutinized
company.
32
If
the
public
fund
has
direct
holdings
in
the
company,
the
33
public
fund
shall
proceed
to
divest
all
assets
with
that
34
company
in
90
days
so
long
as
the
company
continues
active
35
-6-
LSB
5462XC
(3)
86
ec/sc
6/
7
S.F.
_____
business
operations
in
Israel.
The
bill
provides
that
a
public
1
fund
shall
not
be
required
to
divest
or
refrain
from
investing
2
in
a
company
if
the
public
fund
has
indirect
holdings,
and
not
3
direct
holdings,
in
that
company.
However,
public
funds
are
4
encouraged
to
move
their
indirect
holdings
to
funds
that
do
5
not
include
scrutinized
companies.
The
bill
defines
indirect
6
holdings
to
include
shares
in
an
account
or
fund
managed
by
7
persons
not
employed
by
the
public
fund,
including
mutual
8
funds,
private
equity
funds,
and
other
similar
funds.
9
The
bill
further
requires
each
public
fund
to
prepare
10
and
make
available
to
the
public,
and
file
with
the
general
11
assembly,
an
annual
report,
beginning
October
1,
2017,
12
concerning
actions
taken
by
the
public
fund
relative
to
the
13
requirements
of
new
Code
chapter
12J
in
the
previous
fiscal
14
year.
15
The
bill
further
provides
that
with
respect
to
actions
16
taken
in
compliance
with
this
bill,
including
all
good-faith
17
determinations
regarding
companies
as
required,
the
public
18
fund
shall
be
immune
from
any
liability
and
exempt
from
any
19
conflicting
statutory
or
common
law
obligations,
including
20
any
such
obligations
in
respect
to
choice
of
asset
managers,
21
investment
funds,
or
investments
for
the
public
fund.
22
-7-
LSB
5462XC
(3)
86
ec/sc
7/
7