1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0958* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 958 |
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8 | 8 | | P6 3lr3098 |
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9 | 9 | | |
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10 | 10 | | By: Senators Benson and Muse |
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11 | 11 | | Introduced and read first time: February 26, 2023 |
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12 | 12 | | Assigned to: Rules |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | State Retirement and Pension System – Investment Committee – Use of 2 |
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19 | 19 | | Minority Business Enterprises 3 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of requiring the Investment Committee of the State Retirement Agency 4 |
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22 | 22 | | to use minority business enterprises to provide a certain percentage of brokerage and 5 |
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23 | 23 | | investment management services to the Board of Trustees for the State Retirement 6 |
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24 | 24 | | and Pension System and to manage a certain percentage of system assets; and 7 |
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25 | 25 | | generally relating to the use of minority business enterprises in the State Retirement 8 |
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26 | 26 | | and Pension System. 9 |
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27 | 27 | | |
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28 | 28 | | BY repealing and reenacting, without amendments, 10 |
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29 | 29 | | Article – State Personnel and Pensions 11 |
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30 | 30 | | Section 21–116(a) 12 |
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31 | 31 | | Annotated Code of Maryland 13 |
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32 | 32 | | (2015 Replacement Volume and 2022 Supplement) 14 |
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33 | 33 | | |
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34 | 34 | | BY repealing and reenacting, with amendments, 15 |
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35 | 35 | | Article – State Personnel and Pensions 16 |
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36 | 36 | | Section 21–116(d) 17 |
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37 | 37 | | Annotated Code of Maryland 18 |
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38 | 38 | | (2015 Replacement Volume and 2022 Supplement) 19 |
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39 | 39 | | |
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40 | 40 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 |
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41 | 41 | | That the Laws of Maryland read as follows: 21 |
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42 | 42 | | |
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43 | 43 | | Article – State Personnel and Pensions 22 |
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44 | 44 | | |
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45 | 45 | | 21–116. 23 |
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46 | 46 | | |
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47 | 47 | | (a) By resolution, the Board of Trustees shall specify the powers of the Investment 24 |
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48 | 48 | | Committee. 25 2 SENATE BILL 958 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | (d) (1) (i) Consistent with minority business purchasing standards 1 |
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53 | 53 | | applicable to units of State government under the State Finance and Procurement Article 2 |
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54 | 54 | | and consistent with the fiduciary duties of the Board of Trustees, the Board of Trustees 3 |
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55 | 55 | | shall direct the Investment Committee to [attempt to] use [to the greatest extent feasible] 4 |
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56 | 56 | | minority business enterprises to provide brokerage and investment management services 5 |
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57 | 57 | | to the Board IN ACCORDANCE WITH S UBPARAGRAPH (II) OF THIS PARAGRAPH . 6 |
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58 | 58 | | |
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59 | 59 | | (II) THE USE OF MINORITY B USINESS ENTERPRISES UNDER 7 |
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60 | 60 | | SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL CONSIST OF: 8 |
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61 | 61 | | |
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62 | 62 | | 1. AT LEAST 20% OF BROKERAGE AND INV ESTMENT 9 |
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63 | 63 | | MANAGEMENT SERVICES TO THE BOARD; AND 10 |
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64 | 64 | | |
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65 | 65 | | 2. MANAGEMENT OF AT LEA ST 20% OF THE ASSETS OF 11 |
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66 | 66 | | THE SEVERAL SYSTEMS . 12 |
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67 | 67 | | |
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68 | 68 | | [(ii)] (III) For the fiscal year beginning July 1, 2022, and each fiscal 13 |
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69 | 69 | | year thereafter, the Board of Trustees shall assess the use of minority business enterprises 14 |
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70 | 70 | | as required under this subsection. 15 |
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71 | 71 | | |
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72 | 72 | | [(iii)] (IV) For purposes of this subsection, brokerage and investment 16 |
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73 | 73 | | management services shall include services relating to all allocated asset classes. 17 |
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74 | 74 | | |
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75 | 75 | | (2) (i) To assist it in achieving the [goal] GOALS described under 18 |
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76 | 76 | | paragraph (1) of this subsection, the Investment Committee shall undertake measures to 19 |
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77 | 77 | | remove any barriers that limit full participation by minority business enterprises in 20 |
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78 | 78 | | brokerage and investment management services opportunities afforded under this title. 21 |
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79 | 79 | | |
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80 | 80 | | (ii) The measures undertaken by the Investment Committee shall 22 |
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81 | 81 | | include the use of a wide variety of media, including the State Retirement Agency’s website, 23 |
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82 | 82 | | to provide notice to a broad and varied range of potential providers about the brokerage 24 |
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83 | 83 | | and investment management services opportunities afforded by the State Retirement 25 |
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84 | 84 | | Agency. 26 |
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85 | 85 | | |
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86 | 86 | | (3) In consultation with the Governor’s Office of Small, Minority, and 27 |
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87 | 87 | | Women Business Affairs and the Investment Committee, the Board of Trustees shall 28 |
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88 | 88 | | develop guidelines to assist the Investment Committee in identifying and evaluating 29 |
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89 | 89 | | qualified minority business enterprises in order to help the State Retirement Agency 30 |
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90 | 90 | | achieve the objective for greater use of minority business enterprises for brokerage and 31 |
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91 | 91 | | investment management services. 32 |
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92 | 92 | | |
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93 | 93 | | (4) On or before September 1 each year, the Investment Committee shall 33 |
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94 | 94 | | submit a report to the Board of Trustees, the Governor’s Office of Small, Minority, and 34 |
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95 | 95 | | Women Business Affairs and, subject to § 2–1257 of the State Government Article, the 35 |
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96 | 96 | | General Assembly on: 36 SENATE BILL 958 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | (i) the identity of the minority business enterprise brokerage and 1 |
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101 | 101 | | investment management services firms used by the Investmen t Committee in the 2 |
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102 | 102 | | immediately preceding fiscal year; 3 |
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103 | 103 | | |
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104 | 104 | | (ii) the percentage and dollar value of the assets that are under the 4 |
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105 | 105 | | control of the Investment Committee that are under the investment control of minority 5 |
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106 | 106 | | business enterprise brokerage and investment management services firms for each 6 |
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107 | 107 | | allocated asset class; and 7 |
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108 | 108 | | |
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109 | 109 | | (iii) the measures the Investment Committee undertook in the 8 |
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110 | 110 | | immediately preceding fiscal year in accordance with paragraph (2)(ii) of this subsection. 9 |
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111 | 111 | | |
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112 | 112 | | SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect July 10 |
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113 | 113 | | 1, 2023. 11 |
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114 | 114 | | |
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115 | 115 | | |
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