SENATE BILL NO. 493
INTRODUCED BY F. THOMAS, HALLIGAN, BECK, BERRY, BITNEY, BOOKOUT-REINICKE, R. BROWN, COCCHIARELLA, DELL, DEPRATU, ELLIS, FACEY, FORRESTER, GILLAN, GOLIE, GROSFIELD, HARRIS, JACOBSON, JENT, JERGESON, R. JOHNSON, KASTEN, LASZLOFFY, LAWSON, LENHART, LEWIS, LINDEEN, MASOLO, MCCARTHY, MCGEE, MCKENNEY, MCNUTT, MOOD, ROUSH, RYAN, SHEA, SLITER, STAPLETON, STONINGTON, STORY, TAYLOR, WANZENRIED, WITT, YOUNKIN
AN ACT REQUIRING THAT ALL PUBLIC FUNDS BE INVESTED IN ACCORDANCE WITH PRUDENT EXPERT PRINCIPLES BY REMOVING THE RESTRICTION ON INVESTMENT IN PRIVATE CORPORATE CAPITAL STOCK; SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE VIII, SECTION 13, OF THE MONTANA CONSTITUTION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Article VIII, section 13, of The Constitution of the State of Montana is amended to read:
"Section 13. Investment of public funds and public retirement system and state compensation insurance fund
assets. (1) The legislature shall provide for a unified investment program for public funds and public retirement system and
state compensation insurance fund assets and provide rules therefor, including supervision of investment of surplus funds
of all counties, cities, towns, and other local governmental entities. Each fund forming a part of the unified investment
program shall be separately identified. Except as provided in subsections (3) and (4), no public funds shall be invested in
private corporate capital stock. The investment program shall be audited at least annually and a report thereof submitted to
the governor and legislature.
(2) The public school fund and the permanent funds of the Montana university system and all other state institutions of learning shall be safely and conservatively invested in:
(a) Public securities of the state, its subdivisions, local government units, and districts within the state, or
(b) Bonds of the United States or other securities fully guaranteed as to principal and interest by the United States, or
(c) Such other safe investments bearing a fixed rate of interest as may be provided by law that a prudent expert acting in
a fiduciary capacity and familiar with the circumstances would use in investing a fund guaranteed against loss or diversion.
(3) Investment of public retirement system assets shall be managed in a fiduciary capacity in the same manner that a prudent expert acting in a fiduciary capacity and familiar with the circumstances would use in the conduct of an enterprise of a similar character with similar aims. Public retirement system assets may be invested in private corporate capital stock.
(4) Investment of state compensation insurance fund assets shall be managed in a fiduciary capacity in the same manner that a prudent expert acting in a fiduciary capacity and familiar with the circumstances would use in the conduct of a private insurance organization. State compensation insurance fund assets may be invested in private corporate capital stock. However, the stock investments shall not exceed 25 percent of the book value of the state compensation insurance fund's total invested assets."
Section 2. Effective date. If approved by the electorate, this amendment is effective January 1, 2003.
Section 3. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 2002 by printing on the ballot the full title of this act and the following:
[] FOR requiring that all public funds be invested in accordance with prudent expert principles by removing the restriction on investment in private corporate capital stock.
[] AGAINST requiring that all public funds be invested in accordance with prudent expert principles by removing the restriction on investment in private corporate capital stock.
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Latest Version of SB 493 (SB0493.ENR)
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