Maryland 2023 Regular Session

Maryland Senate Bill SB958 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0958*
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77 SENATE BILL 958
88 P6 3lr3098
99
1010 By: Senators Benson and Muse
1111 Introduced and read first time: February 26, 2023
1212 Assigned to: Rules
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 State Retirement and Pension System – Investment Committee – Use of 2
1919 Minority Business Enterprises 3
2020
2121 FOR the purpose of requiring the Investment Committee of the State Retirement Agency 4
2222 to use minority business enterprises to provide a certain percentage of brokerage and 5
2323 investment management services to the Board of Trustees for the State Retirement 6
2424 and Pension System and to manage a certain percentage of system assets; and 7
2525 generally relating to the use of minority business enterprises in the State Retirement 8
2626 and Pension System. 9
2727
2828 BY repealing and reenacting, without amendments, 10
2929 Article – State Personnel and Pensions 11
3030 Section 21–116(a) 12
3131 Annotated Code of Maryland 13
3232 (2015 Replacement Volume and 2022 Supplement) 14
3333
3434 BY repealing and reenacting, with amendments, 15
3535 Article – State Personnel and Pensions 16
3636 Section 21–116(d) 17
3737 Annotated Code of Maryland 18
3838 (2015 Replacement Volume and 2022 Supplement) 19
3939
4040 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4141 That the Laws of Maryland read as follows: 21
4242
4343 Article – State Personnel and Pensions 22
4444
4545 21–116. 23
4646
4747 (a) By resolution, the Board of Trustees shall specify the powers of the Investment 24
4848 Committee. 25 2 SENATE BILL 958
4949
5050
5151
5252 (d) (1) (i) Consistent with minority business purchasing standards 1
5353 applicable to units of State government under the State Finance and Procurement Article 2
5454 and consistent with the fiduciary duties of the Board of Trustees, the Board of Trustees 3
5555 shall direct the Investment Committee to [attempt to] use [to the greatest extent feasible] 4
5656 minority business enterprises to provide brokerage and investment management services 5
5757 to the Board IN ACCORDANCE WITH S UBPARAGRAPH (II) OF THIS PARAGRAPH . 6
5858
5959 (II) THE USE OF MINORITY B USINESS ENTERPRISES UNDER 7
6060 SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL CONSIST OF: 8
6161
6262 1. AT LEAST 20% OF BROKERAGE AND INV ESTMENT 9
6363 MANAGEMENT SERVICES TO THE BOARD; AND 10
6464
6565 2. MANAGEMENT OF AT LEA ST 20% OF THE ASSETS OF 11
6666 THE SEVERAL SYSTEMS . 12
6767
6868 [(ii)] (III) For the fiscal year beginning July 1, 2022, and each fiscal 13
6969 year thereafter, the Board of Trustees shall assess the use of minority business enterprises 14
7070 as required under this subsection. 15
7171
7272 [(iii)] (IV) For purposes of this subsection, brokerage and investment 16
7373 management services shall include services relating to all allocated asset classes. 17
7474
7575 (2) (i) To assist it in achieving the [goal] GOALS described under 18
7676 paragraph (1) of this subsection, the Investment Committee shall undertake measures to 19
7777 remove any barriers that limit full participation by minority business enterprises in 20
7878 brokerage and investment management services opportunities afforded under this title. 21
7979
8080 (ii) The measures undertaken by the Investment Committee shall 22
8181 include the use of a wide variety of media, including the State Retirement Agency’s website, 23
8282 to provide notice to a broad and varied range of potential providers about the brokerage 24
8383 and investment management services opportunities afforded by the State Retirement 25
8484 Agency. 26
8585
8686 (3) In consultation with the Governor’s Office of Small, Minority, and 27
8787 Women Business Affairs and the Investment Committee, the Board of Trustees shall 28
8888 develop guidelines to assist the Investment Committee in identifying and evaluating 29
8989 qualified minority business enterprises in order to help the State Retirement Agency 30
9090 achieve the objective for greater use of minority business enterprises for brokerage and 31
9191 investment management services. 32
9292
9393 (4) On or before September 1 each year, the Investment Committee shall 33
9494 submit a report to the Board of Trustees, the Governor’s Office of Small, Minority, and 34
9595 Women Business Affairs and, subject to § 2–1257 of the State Government Article, the 35
9696 General Assembly on: 36 SENATE BILL 958 3
9797
9898
9999
100100 (i) the identity of the minority business enterprise brokerage and 1
101101 investment management services firms used by the Investmen t Committee in the 2
102102 immediately preceding fiscal year; 3
103103
104104 (ii) the percentage and dollar value of the assets that are under the 4
105105 control of the Investment Committee that are under the investment control of minority 5
106106 business enterprise brokerage and investment management services firms for each 6
107107 allocated asset class; and 7
108108
109109 (iii) the measures the Investment Committee undertook in the 8
110110 immediately preceding fiscal year in accordance with paragraph (2)(ii) of this subsection. 9
111111
112112 SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect July 10
113113 1, 2023. 11
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115115